Aquamation in Texas — Why It's Banned and What Your Options Are

The Current Legal Status

Texas explicitly prohibits alkaline hydrolysis (aquamation/water cremation) for human remains. The state's Health and Safety Code defines "cremation" narrowly as reduction by heat and flame, and no statute authorizes water-based disposition methods. Legislative efforts to legalize the process have not advanced through the Texas legislature as of 2026.

This makes Texas one of a small number of states with an active, explicit restriction on the practice — not just an absence of enabling legislation, but a clear legal barrier.

Why Texas Bans Aquamation

The available research confirms the restriction but does not establish a single legislative reason for it. The concerns commonly raised around aquamation include:

Wastewater concerns. Aquamation's liquid byproduct is sometimes characterized as "flushing human remains down the drain." During the alkaline hydrolysis process, dissolved soft tissue exits the vessel as a sterile liquid and enters the municipal wastewater system. Critics have framed this as disrespectful to the deceased.

Existing funeral infrastructure. Traditional crematoriums represent significant capital investments, but the available research does not establish that industry economics determined Texas's restriction.

Religious objections. The U.S. Conference of Catholic Bishops declared aquamation unacceptable in March 2023, citing wastewater discharge and bodily dignity. The available research does not establish that this separate religious position determined Texas policy.

The available research does not establish that the restriction was based on a particular safety finding or that any one of these considerations determined Texas policy. The process is legally permitted in many other states, although active facilities and regulatory requirements vary.

What Texas Families Can Do

If you're in Texas and want aquamation for yourself or a loved one, you have two practical options:

Interstate Transport

You can arrange for the body to be transported to a state with an operational aquamation facility. The research identifies Colorado, Missouri, Nevada, and Illinois among the states with active providers; confirm current availability and transport requirements with the receiving provider.

Interstate transport requires:

• Any transit permit required by the Texas jurisdiction where the death occurred
• Coordination with a licensed funeral establishment in the receiving state
• Compliance with both states' transport regulations

This adds transport fees and time to the arrangement. But it's a legal, established pathway that funeral homes in border regions handle routinely.

Alternative Green Disposition in Texas

If interstate transport isn't feasible, Texas does offer other disposition methods that align with environmental values:

Natural organic reduction (human composting) is another green alternative in jurisdictions where it is legal, but do not assume it is available in Texas. Confirm current options with a Texas funeral director or regulator.

Green burial may be available through Texas cemeteries. Confirm the cemetery's rules and the applicable state and local requirements before relying on it as an alternative.

Direct cremation remains available as the simplest, lowest-cost option, though it uses flame rather than water and carries the associated carbon emissions.

Pre-Planning if You Live in Texas

If you want aquamation and live in Texas, pre-planning is especially important because your family will need to arrange out-of-state transport under time pressure. Document your wishes in an advance healthcare directive (using the legal term "alkaline hydrolysis" alongside "aquamation"), name a disposition agent who understands the logistics, and include a specific fallback method in case transport can't be arranged within the required timeline.

If you want to go further, establish a pre-need relationship with an aquamation provider in a state with an operational facility. Some facilities in Colorado and other states are experienced with Texas families and can pre-arrange the transport logistics.

The Aquamation / Water Cremation Guide includes a state-by-state legality reference, cross-border transport checklists, and pre-planning templates — tools that are especially valuable for families in states where the process isn't locally available.