There is not a lot of detailed law about family cemeteries in Texas. Very few cases discuss this type of cemetery. There are a handful of Attorney General Opinions that deal with family cemeteries. The Texas statutes only touch on them, and the Banking Commission and the Texas Funeral Services Commission have bare-boned information.
This means that lawyers are reluctant to tell clients how to set up a family cemetery because there is not much to go on. I get a lot of calls on this subject. This page is my attempt to bring together to one spot the Texas law on this most interesting subject.
If your specific question is not answered, it could well be because there is no definitive answer in the law. Of course, I am available at the rate of $300 per hour to research your question, should you desire to hire a lawyer. Otherwise, here is what I have gathered so far. This article is not intended to establish an attorney-client relationship with the readers of this page. And, be aware that the law is constantly changing. The opinions expressed are based on my research as of the date written.
To view the Texas Funeral Services Commission article on Family Cemeteries, click here.
To view the Texas Department of Banking FAQ stating that family cemeteries do not fall under the jusisdiction of the Texas Department of Banking, click here.
To view the Texas Department of Banking article on Establishing a Family Cemetery, click here.
To read about Selected Attorney General Opinions Impacting Texas Family Cemetery Law, click here.
To read about Selected Texas Statutes Impacting Texas Family Cemetery Law, click here.
Written by Donald Ray Burger, Attorney at Law
Last revised: September 8, 2008