Scattering rules / Texas
Scattering ashes in Texas
Yes. Texas law expressly allows anyone to scatter cremated remains 'over a public waterway or sea', so scattering in Galveston Bay or Corpus Christi Bay is legal under state law. No state permit is needed and nothing is filed with the registrar after scattering. Beyond 3 nm in the Gulf, the federal EPA rule and its 30-day report apply. The one thing to get right is to empty any non-biodegradable urn before scattering.
Captain license
Not settled
None found for scattering services
Bays and inland waters
Allowed
Ocean
3+ nautical miles from land
Federal rule. Report to the EPA within 30 days.
None found for scattering services
Health & Safety Code 716.304 lets 'a person' scatter ashes and names no license. A funeral-directing license (Occ. Code 651.001(7)) covers paid acts arranging the disposition of a 'dead human body' up to inurnment, interment or entombment. That appears not to cover scattering already-cremated remains, but TFSC has not confirmed this. A Coast Guard captain's license for carrying paying passengers is separate and still applies.
Not stated.
Texas Funeral Service Commission · Official page
Before the scattering
Burial-transit permit before cremation (handled by the funeral home)
Who: Funeral home · From: Local registrar, Texas DSHS Vital Statistics
Source
Signed statement from the authorizing agent naming the final disposition, given to the crematory. Have the family confirm in writing that they want ashes scattered from your boat.
Who: Family / authorizing agent · From: Crematory
Source
After the scattering
EPA burial-at-sea report, only if ashes are scattered 3+ nm out in the Gulf
Deadline: Within 30 days · To: U.S. EPA (online)
Source
Bays, harbors and inland waters
Allowed
H&S Code 716.302(e)(2) and 716.304 allow scattering 'over a public waterway or sea'. Bays such as Galveston Bay and Corpus Christi Bay are public waters, so state law allows it there. There is no distance-from-shore rule and no permit. The EPA 3 nm rule does not apply inside the bays.
Texas law does not define 'public waterway'. It is reasonable to treat tidal bays as public waterways, but no agency statement confirming this was found. Since 2007/2009 there is no longer any rule on ash particle size. No TCEQ or Texas Parks & Wildlife rule on scattering ashes in bays was found.
In the ocean
In the ocean, cremated remains can be scattered at least 3 nautical miles from land, at any depth. No permit is needed in advance; the captain reports each scattering to the EPA within 30 days.
No extra state rules found. Texas allows scattering 'over a public waterway or sea' (H&S 716.304). In the Gulf, the federal EPA rule applies: at least 3 nm from land, with a report to EPA within 30 days.
Also know
Unless the container is biodegradable, take the ashes out of it before scattering (716.304).
The authorizing agent (the person with the right to control disposition under H&S 711.002) is legally responsible for the ashes. Keep their written request.
Only decomposable flowers may go into ocean waters 3+ nm out (EPA). Use the same practice in the bays. Do not throw plastic or non-biodegradable items.
Whole-body burial is not covered by 716.304. It is federal-only (EPA, 600 ft depth; 1,800 ft in parts of the Gulf off Texas).
City by city
Corpus Christi
Inside waters: Allowed
Corpus Christi Bay, Laguna Madre, Aransas Pass; Gulf of Mexico past the Port Aransas jetties
Scattering in the bay is allowed under 716.304. To reach the EPA 3 nm line, boats run out of Aransas Pass past the Port Aransas jetties, then about 3+ nm offshore. Stay clear of the Corpus Christi Ship Channel traffic lanes and any Coast Guard security zones around port and industrial facilities. Scattering from Padre Island National Seashore beaches has NPS restrictions, which do not apply to the water.
Permits and filings: Corpus Christi-Nueces County Public Health District, Vital Statistics (local registrar)
Galveston
Inside waters: Allowed
Galveston Bay, West Bay; Gulf of Mexico off Galveston Island via Bolivar Roads
Scattering in Galveston Bay is allowed under 716.304. To reach the EPA 3 nm line, boats exit through Bolivar Roads between the jetties and run about 3+ nm offshore. Stay clear of the Houston Ship Channel and Galveston Channel traffic, cruise terminals, and Coast Guard security zones.
Permits and filings: Galveston County / City of Galveston local registrar, Vital Statistics
Still being confirmed
We couldn’t confirm these from official sources yet. Ask the agency before relying on them.
Does the Texas Funeral Service Commission consider paid scattering of cremated remains to be 'funeral directing'? No ruling was found.
Is 'public waterway' in 716.304 defined anywhere? It is assumed to include tidal bays, but no agency statement was found.
Do any city or port rules in Corpus Christi or Galveston restrict scattering in harbors or marinas? None were found.
Official URLs for the local registrars were not verified.
Sources
Tex. Health & Safety Code ch. 716 (incl. 716.302, 716.304)
Tex. Health & Safety Code 716.302
SB 623 (80R, 2007) - amended 716.304
HB 1468 (81R, 2009) - amended 716.304
Tex. Occ. Code 651.001 definitions
Tex. Health & Safety Code 193.008 (burial-transit permit)
Funeral Consumers Alliance - Texas chapter (secondary)
U.S. EPA - Burial at Sea
Last checked October 15, 2026. This is a plain-language summary, not legal advice.