Executive Summary

Texas maintains specific requirements for the transportation and disposition of human remains within, into, and out of the state. This comprehensive guide provides funeral directors with detailed instructions for obtaining, completing, and submitting burial transit permits in Texas, including special considerations for interstate transport, cremated remains, and various disposition methods.

Understanding the Texas Regulatory Framework

Texas burial transit permits are governed by several key regulatory authorities and statutes:

• Texas Department of State Health Services (DSHS): Primary regulatory authority that establishes requirements for death certificates and burial transit permits
• Texas Health and Safety Code, Chapter 711: Contains statutory requirements for disposition of remains
• Texas Administrative Code, Title 25, Chapter 181: Provides specific regulations for vital statistics, including death registration and transportation of remains
• Local Registrars: City or county officials designated to issue burial transit permits and receive disposition records

A key characteristic of the Texas system is its decentralized structure, with local registrars playing a significant role in the issuance and management of burial transit permits. This can lead to some variation in processing procedures between different jurisdictions within the state.

When Burial Transit Permits Are Required in Texas

In Texas, burial transit permits are required in the following circumstances:

• Transportation of a body out of state: Required whenever human remains (not including cremated remains) will be transported beyond Texas state lines
• Transportation within Texas beyond the justice of the peace precinct or county: Required when transporting remains outside the county or justice precinct where death occurred
• Delayed disposition: Required when disposition will occur more than 72 hours after death
• Certain medical examiner/justice of the peace cases: May be required based on the specific circumstances of death

Notably, Texas does not require a burial transit permit for:

• Cremated remains: No transit permit is required for cremated remains regardless of destination
• Local disposition: No permit required when disposition occurs within the same county or justice precinct where death occurred and will take place within 72 hours

The Texas Burial Transit Permit: Form VS-115

The official Texas burial transit permit is Form VS-115, "Burial-Transit Permit." This form serves several important functions:

1. Legal authorization for transportation of remains
2. Documentation of final disposition location and method
3. Tracking mechanism for the vital records system
4. Interstate compliance with receiving state requirements

Key Components of Form VS-115

The Texas burial transit permit contains several critical sections:

• Decedent Information: Name, date of death, place of death
• Death Certificate Details: File number and county of filing
• Transportation Information: Method of transportation and carrier
• Disposition Information: Final disposition method and location
• Funeral Home Details: Name, address, and license number
• Certifications: Signatures from appropriate authorities

Step-by-Step Process: Obtaining a Texas Burial Transit Permit

Step 1: Complete Death Certificate Filing

Before a burial transit permit can be issued, the death certificate must be properly filed:

1. Complete the death certificate (Form VS-112) with all required information
2. Obtain medical certification from attending physician, medical examiner, or justice of the peace
3. File the completed death certificate with the local registrar in the jurisdiction where death occurred
4. Obtain a death certificate file number, which will be required for the burial transit permit

Texas allows electronic filing of death certificates through the Texas Electronic Death Registration System (TX-EDRS), which can expedite this process significantly.

Step 2: Apply for the Burial Transit Permit

After the death certificate is filed, you can apply for the burial transit permit:

1. Submit Form VS-115 application to the local registrar where the death certificate was filed
2. Provide the death certificate file number on the application
3. Include complete transportation details including carrier and destination
4. Specify final disposition information including method and location
5. Pay the required fee (varies by jurisdiction, typically $2-10)

Step 3: Obtain the Signed Permit

The local registrar will review your application and issue the permit:

1. Registrar verifies death certificate information is complete and accurate
2. Registrar signs and seals the permit, making it official
3. Multiple copies may be provided depending on the destination and requirements

Step 4: Transport with the Permit

The burial transit permit must accompany the remains during transportation:

1. Original permit must be with the remains during transport
2. For commercial carriers (airlines, etc.), the permit must be presented to the carrier
3. For ground transportation, the funeral director or transport service must have the permit readily available

Step 5: Submit Permit After Disposition

After disposition is complete, the permit must be properly processed:

1. For in-state disposition: The sexton or person in charge of the place of disposition must sign the permit and return it to the local registrar within 10 days
2. For out-of-state disposition: The permit should be filed according to the receiving state's requirements, usually with the receiving funeral home or cemetery

Special Considerations for Interstate Transport

When transporting remains from Texas to other states, additional considerations apply:

Receiving State Requirements

Each state has its own requirements for receiving remains from other states:

• Some states accept the Texas burial transit permit directly
• Other states require their own permit to be issued upon arrival
• Some states have additional documentation requirements beyond the transit permit

Always verify the specific requirements of the destination state before transport. This may involve contacting the receiving funeral home or the health department in the destination state.

Transportation Methods and Requirements

Different transportation methods have specific requirements:

• Ground Transportation: Burial transit permit must accompany the remains; specific container requirements vary by state
• Air Transportation: Airlines require the burial transit permit plus their own documentation; remains must be in an air tray or appropriate shipping container
• Rail or Other Carriers: Specific carrier requirements apply in addition to the burial transit permit

Handling Cremated Remains

Texas has specific provisions for cremated remains:

• No burial transit permit is required for cremated remains in Texas
• Documentation recommended: While not required, carrying a cremation certificate and/or death certificate copy is advisable
• TSA Requirements: For air travel, cremated remains must be in a scan-able container and clearly marked
• International Transport: May require additional documentation including consular certification

Common Compliance Issues and Solutions

Based on our analysis of common challenges faced by funeral homes in Texas, we've identified several frequent compliance issues and their solutions:

Issue #1: Delayed Permit Application

Problem: Waiting too long to apply for the burial transit permit can create logistical challenges, particularly for weekend deaths or transportation.

Solution: Apply for the burial transit permit simultaneously with death certificate filing. Many local registrars can issue both documents during the same visit if all information is complete.

Issue #2: Incomplete Death Certificate

Problem: Burial transit permits cannot be issued without a properly filed death certificate, and missing information can delay the process.

Solution: Implement a thorough verification process for all death certificate information before filing. Utilize TX-EDRS for electronic filing when possible, as the system includes validation checks that identify missing information.

Issue #3: Justice of the Peace/Medical Examiner Delays

Problem: Deaths under JP or ME jurisdiction may experience delays in certification, holding up the permit process.

Solution: Establish direct relationships with local JPs and ME offices. Create a notification protocol to alert them immediately when their cases require certification, and maintain regular follow-up communication.

Issue #4: Weekend and Holiday Closures

Problem: Local registrar offices are typically closed on weekends and holidays, creating challenges for timely permit issuance.

Solution: Identify alternative registrar options for weekend coverage. Many larger counties in Texas have designated arrangements for weekend permit issuance for urgent cases. Maintain a list of these resources and their procedures.

Digital Implementation Strategies

Modern funeral home management software can significantly streamline Texas burial transit permit processes:

1. TX-EDRS Integration

Advanced systems offer integration with Texas Electronic Death Registration System:

• Automatic data mapping from case information to TX-EDRS
• Status tracking of certificates throughout the approval process
• Electronic notification when death certificates are filed
• Streamlined communication with physicians for certification

2. Smart Form Management

Digital systems can intelligently manage the burial transit permit process:

• Auto-population of Form VS-115 from case information
• Validation checks to ensure all required fields are complete
• Automatic generation of supporting documentation
• Document tracking from application through final disposition

3. Process Automation

Advanced systems implement workflow automation for permit processes:

• Automatic determination of permit requirements based on disposition details
• Scheduled reminders for permit application and follow-up
• Integration with transportation logistics planning
• Digital tracking of permit status throughout the process

How Sacred Grounds Simplifies Texas Burial Transit Permits

Sacred Grounds funeral home management software was designed specifically to address the unique challenges of Texas disposition documentation:

• TX-EDRS Integration: Seamless interface with Texas Electronic Death Registration System
• Smart Form Library: Up-to-date Texas forms with automatic formatting and field validation
• Single-Entry System: Core case information entered once and propagated to all required forms
• Interstate Transport Logic: Built-in intelligence for destination state requirements
• Digital + Physical Workflow: Support for both electronic processes and printed documentation

By centralizing the burial transit permit process in an intelligent, Texas-specific system, Sacred Grounds eliminates the administrative burden of manual form management while ensuring perfect compliance with state and local requirements.

County-Specific Considerations in Texas

Texas' decentralized vital records system means that procedures can vary significantly between counties:

Major Metropolitan Counties

Larger counties like Harris (Houston), Dallas, Bexar (San Antonio), and Travis (Austin) typically offer:

• Dedicated vital records offices with extended hours
• Electronic filing capabilities through TX-EDRS
• Streamlined procedures for high-volume funeral homes
• Weekend arrangements for urgent cases

Rural Counties

Smaller counties may have more limited resources and different procedures:

• Limited office hours for the local registrar
• May require appointments for permit issuance
• Often more personal relationships with county officials
• May have alternative arrangements for after-hours needs

Maintaining a county-specific reference guide with contact information, hours, and specific procedures for each county in your service area is a best practice for Texas funeral homes.

Resources and References

Official Texas Regulatory Resources

• Texas Department of State Health Services - Vital Statistics- Primary regulatory authority for death certificates and burial transit permits
• Texas Health and Safety Code, Chapter 711- Statutory requirements for disposition of remains
• Texas Administrative Code, Title 25, Chapter 181- Regulations for vital statistics

Related Articles

• The Complete Guide to State-Specific Disposition & Transit Forms
• California Disposition Forms: Complete Guide for Funeral Directors
• The Independent Funeral Home Owner's Guide to FTC Funeral Rule Compliance

Conclusion

Texas burial transit permits represent a critical compliance component for funeral homes operating in the state. While the requirements are straightforward compared to some states, the decentralized nature of Texas' vital records system creates unique challenges that require careful attention to local procedures and requirements.

By implementing the best practices outlined in this guide and leveraging digital solutions designed specifically for Texas requirements, funeral homes can achieve perfect compliance while reducing administrative burden and ensuring smooth transportation of remains both within Texas and to other states.