I. Texas Statutes
A. Texas Health and Safety Code
a. Chapter 711 – General regulations of cemeteries
-711.001: Definitions
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
-713.001: Municipal cemeteries d. Chapter 714 – Depth of graves and abandoned cemeteries
-714.001: Depth of graves e. Chapter 715 – Certain Historic cemeteries
-715.001: Definitions B. Texas Occupations Code, chapter 651 (covers licensing of cemeteries, crematories, embalming establishments, and funeral establishments).
Last updated: August 11, 2008
* * * *
Written by Donald Ray Burger, Attorney at Law
To view the Texas Health and Safety Code on line, Click here.
-711.003: Records of interment
-711.004: Removal of remains
-711.007: Nuisance: abatement & injunction
-711.008: Location restrictions on 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
-711.022: Nonprofit cemetery corporation by plot owners
-711.023: Rights of plot owners in cemeteries operated by nonprofit cemetery corporation
-711.031: Civil penalties as to cemetery organizations
-711.033: Expanding cemeteries
-711.034: Dedication of land for cemetery
-711.035: Effects of dedication
-711.036: Removal of dedication
-711.037: Liens against cemetery property
-711.038: Sale of plots
-711.039: Rights of interment in plot
-711.041: Access to cemetery
-711.052: Criminal penalties
-712.003: Minimum capitalization
-712.004: Perpetual care trust fund required
-712.007: Notice of perpetual care required
-712.021: Establishment and purposes of perpetual care trust fund
-712.022: Operation of perpetual care cemetery
-712.026: Suit by plot owners to maintain perpetual care
-712.028: Amount of fund deposits from sales
-712.029: Accounting for funds
-712.041: Annual statement of funds
-712.043: Annual fund report
-712.044: Examination of records
-712.0441: Enforcement
-712.048: Criminal penalties
-712.061: Sale of undeveloped mausoleum space
-712.063: Pre-construction trusts as to mausoleum spaces
-712.066: Contract disclosures required as to mausoleum spaces
-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
-713.026: Restrictions on use of other county funds and equipment for neglected or unkept private or public cemeteries
-713.027: County with population under 8,201 can own, operate, and maintain a cemetery
-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)
-713.029: County may purchase burial grounds to be used exclusively for veterans, if no free veterans’ cemetery
-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
-715.002: Petitions to authorize nonprofit corporations to restore, operate, and maintain historic cemeteries
-715.003: Necessary parties to lawsuit
-715.004: Required allegations in the petition
-715.005: Written plan requirements
-715.006: Service of citation
-715.007: Requirements of the hearing
-715.008: Requirements of court order
-715.009: Members of Chapter 715 nonprofit corporation as plot owners
-715.010: Organizational meeting
-715.011: Power & duties of nonprofit corporation
-715.012: Crematory prohibited
-715.013: Cannot acquire adjacent land nor remove dedication
-715.014: Chapter 715 cemeteries must be open to public
-715.015: Chapter 715 does not apply to perpetual care cemeteries or family cemeteries