Selected Texas Statutes
Touching on Family Cemetery Law In Texas
by Donald Ray Burger
Attorney at Law

I. Texas Statutes

A. Texas Health and Safety Code
To view the Texas Health and Safety Code on line, Click here.

a. Chapter 711 General Regulations of Cemeteries

-711.001: Definitions
-711.003: Records of interment
-711.004: Removal of remains (with certain exemptions for family cemeteries)
-711.007: Nuisance: abatement & injunction
-711.008: Location restrictions on cemeteries
-711.009: Powers of sexton at certain cemeteries
-711.010: Unknown or abandoned cemeteries
-711.012: Rule making authority of Finance Commission of Texas (via Texas Department of Banking) & Texas Funeral Service Commission
-711.021: Cemetery corporations (not applicable to family cemeteries of ten acres or under)
-711.022: Nonprofit cemetery corporation by plot owners
-711.023: Rights of plot owners in cemeteries operated by nonprofit cemetery corporation
-711.024: Authority of non-profit cemetery corporations
-711.035: Effects of dedication
-711.039: Rights of interment in plot
-711.041: Access to cemetery
-711.052: Criminal penalties

b. Chapter 712 Perpetual Care Cemeteries

-712.002: Exemptions from Chapter, including family cemeteries under 10 acres

c. Chapter 713 Municipal and County Regulations of Cemeteries

-713.009: Local possession & control of unkept or abandoned cemetery (not applicable to private family cemetery)
-713.010: Who can care for graves at city cemeteries
-713.021: County established trust fund to maintain neglected or unkept public or private cemeteries
-713.025: Who can care for graves at such county cemeteries
-713.028: For historical preservation/public health/safety/welfare, county can use public funds/labor/equipment to maintain cemetery that has grave marker more than fifty years old (except for perpetual care cemeteries & cemeteries maintained by religious or fraternal organizations)

d. Chapter 714 Depth of Graves and Abandoned Cemeteries

-714.001: Depth of graves
-714.003: Abandoned plots in cemeteries owned & operated by nonprofit organizations
-714.004: Removal of remains from abandoned cemetery in county of at least 525,000

e. Chapter 715 Certain Historic Cemeteries

-715.015: Chapter 715 does not apply to perpetual care cemeteries or family cemeteries

Last updated: August 11, 2008

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Written by Donald Ray Burger, Attorney at Law

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