Aquamation in Texas

Aquamation, also known as alkaline hydrolysis or water cremation, is an eco-friendly alternative to traditional cremation and burial. In Texas, however, aquamation is not currently legal for human remains. Despite its growing popularity in other states, legislative efforts to approve this method in Texas have yet to succeed.

Aquamation is a gentle process that uses water, alkaline chemicals, heat, and sometimes pressure or agitation to accelerate natural decomposition. The process results in a sterile liquid and bone ash, which can be returned to the family. Learn more: Aquamation: 50+ Questions Answered

Benefits of Aquamation

Aquamation provides several advantages over traditional cremation and burial:

Environmental Considerations: Aquamation produces fewer carbon emissions and does not emit greenhouse gases like traditional cremation.
Mercury Emissions: The process prevents the release of mercury from dental fillings, a common concern with flame cremation.
Resource Usage: Although water is used in the process, it is minimal compared to the resources required for embalming and burial.

History of Advocacy Efforts in Texas

Efforts to legalize aquamation in Texas have been ongoing but unsuccessful so far:

2017: House Bill 1155 was introduced to legalize aquamation but failed to advance through the legislature.
2021: House Bill 1404 aimed to amend the definition of cremation to include aquamation but did not pass.
2023: Senate Bill 105 sought to legalize aquamation but remained in committee after a public hearing.

Despite these setbacks, advocates continue to push for legislative approval.

Why is Aquamation Not Legal in Texas?

The absence of legislative action and regulatory guidelines leaves aquamation prohibited in Texas. Some opposition has come from misconceptions about the process or a lack of understanding among lawmakers. Advocacy groups are working to increase awareness and support for this eco-friendly alternative.

Who is Responsible for Oversight?

In Texas, the Texas Funeral Service Commission regulates funeral practices and ensures compliance with state laws. If aquamation were to be legalized, this commission would likely oversee the process, including licensing providers and ensuring public safety.

Steps Toward Legalization in Texas

To legalize aquamation in Texas, several steps are necessary:

Legislative Action: Introduction and passage of state legislation to define and permit aquamation as a valid form of body disposition.
Public Advocacy: Efforts by citizens and organizations to raise awareness and support for aquamation.
Regulatory Development: Establishment of standards and guidelines to ensure safe and ethical practices.

Can Texans Use Out-of-State Providers?

Although aquamation is not legal in Texas, residents can use providers in nearby states where it is permitted, such as New Mexico or Colorado. However, this involves additional logistics, including transporting remains across state lines, which may increase costs and require regulatory compliance.