DISPOSAL OF FETAL MATERIAL.

Dallas City Code ch. 19, art. XI

in effect

Dallas City Code § 19-132 DEFINITIONS.

SEC. 19-132. DEFINITIONS. In this article: (1) CREMATION means the reduction of fetal material through the process of complete combustion. (2) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director’s designated representative. (3) DISPOSER means a person who knowingly cremates, buries or otherwise disposes of fetal material. (4) FETAL MATERIAL means a fetus or fetal material that has experienced fetal death as defined by Title 25, Section 181.1 of the Texas Administrative Code. (5) PERSON means an individual, association, corporation, or partnership. (6) SPONTANEOUS MISCARRIAGE means a termination of pregnancy that is not artificially induced and which occurs prior to fetal viability. (7) TRANSPORTER means a person who knowingly operates a vehicle for the purpose of transporting fetal material as defined herein. (Ord. 18441)

Dallas City Code § 19-133 PERMIT REQUIRED - TRANSPORTER.

SEC. 19-133. PERMIT REQUIRED - TRANSPORTER. (a) A person commits an offense if he knowingly operates a vehicle, or causes a vehicle to be operated, on a public street, highway or alley for the purpose of transporting fetal material without a transporter permit. (b) To obtain a permit a person must make application to the director on a form provided by the director for that purpose. (c) The director shall issue a transporter permit, valid for one year, if: (1) the applicant submits for inspection each vehicle to be used; (2) the director determines that each vehicle will appropriately protect public health; and (3) the applicant tenders to the director an annual fee of $40 for the first vehicle and $25 for each additional vehicle to be operated under the permit. (Ord. 18441)

Dallas City Code § 19-134 PERMIT REQUIRED - DISPOSER.

SEC. 19-134. PERMIT REQUIRED - DISPOSER. (a) A person commits an offense if he knowingly disposes of fetal material by any means without a disposer permit. (b) To obtain a permit for disposal a person must make application to the director on a form provided by the director for that purpose. (c) The director shall issue an annual disposer permit if: (1) he determines that the applicant has appropriate facilities to dispose of fetal material by cremation or burial or other means which are sanitary and protect the public health and welfare; (2) the applicant tenders to the director an annual fee of $40. (Ord. 18441)

Dallas City Code § 19-135 EXEMPTIONS.

SEC. 19-135. EXEMPTIONS. (a) The permit requirements of Sections 19-133 and 19-134 shall not apply to: (1) any hospital or other health or sanitation facility licensed by the State of Texas or operated by the city, the state or federal government; or (2) any mortician licensed by the state operating in compliance with state law regarding the cremation or burial of humans; or (3) any medical laboratory directed and staffed by a pathologist licensed by the state to practice medicine. (b) The requirements of Sections 19-133, 19-134 and 19-136 shall not apply to any person who passes fetal material as a result of a spontaneous miscarriage. (Ord. 18441)

Dallas City Code § 19-136 METHOD OF DISPOSAL.

SEC. 19-136. METHOD OF DISPOSAL. (a) A person commits an offense if he knowingly disposes of fetal material by any means not approved by the director. (b) The director shall approve of those methods of disposal of fetal material which provide adequate sanitation and which the director determines adequately protect the public health and safety. (c) In accordance with Section 325.136 of the Municipal Solid Waste Management Regulations of the Texas Department of Health no person shall: (1) place fetal material in solid waste containers or otherwise co-mingle fetal material with routine solid waste; or (2) place fetal material for transport without first placing the fetal material in conspicuously marked double-bagged plastic bags not less than 1.5 mil thick each. (Ord. 18441)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-144764Fetched: 10/26/2026