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Scattering ashes

Scattering ashes in Texas

State rules

Scattering is allowed over uninhabited public land, public waterways, the sea, or private land with the owner's consent.

What the law says

  • A person may scatter cremated remains over uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner (Tex. Health & Safety Code § 716.304).
  • Scattering on private property needs the written consent of the property owner (Tex. Health & Safety Code § 716.302(e)).
  • Unless the container is biodegradable, the remains must be taken out of it before scattering (Tex. Health & Safety Code § 716.304).

Source: Tex. Health & Safety Code §§ 716.302, 716.304, Texas Legislature. Checked October 20, 2026.

Who to ask

The Texas Funeral Service Commission licenses funeral homes in Texas and can answer questions about the rules. A local funeral home can tell you whether the option is offered near you.

Other options in Texas

Funeral homes near you

Call two or three homes and compare their written price lists.

General information, not legal advice. Laws change; confirm with the regulator or a funeral home. Scattering ashes in every state.