TX-CEMETERIES-L Archives

From: "Sarah" <>
Subject: Texas cemetery statutes
Date: Sun, 12 Feb 2006 22:08:25 -0600

http://www.capitol.state.tx.us/statutes/hs.toc.htm

HEALTH & SAFETY CODE
CHAPTER 713. LOCAL REGULATION OF CEMETERIES
SUBCHAPTER A. MUNICIPAL REGULATION OF CEMETERIES

§ 713.001. MUNICIPAL CEMETERY AUTHORIZED. The
governing body of a municipality may:
(1) purchase, establish, and regulate a cemetery; and
(2) enclose and improve a cemetery owned by the
municipality.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 634, § 47, eff. Sept. 1, 1993.

§ 713.002. LOCAL TRUST FOR CEMETERY. (a) A
municipality that owns or operates a cemetery or has control of
cemetery property may act as a permanent trustee for the perpetual
maintenance of the lots and graves in the cemetery.
(b) To act as a trustee, a majority of the municipality's
governing body must adopt an ordinance or resolution stating the
municipality's willingness and intention to act as a trustee. When
the ordinance or resolution is adopted and the trust is accepted,
the trust is perpetual.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.003. LOCAL AUTHORITY TO RECEIVE GIFTS; DEPOSITS
FOR CARE; CERTIFICATES. (a) A municipality that is a trustee for
the perpetual maintenance of a cemetery may adopt reasonable rules
to receive a gift or grant from any source and to determine the
amount necessary for permanent maintenance of a grave or burial
lot, including a family lot.
(b) A municipality that is a trustee for any person shall
accept the amount the municipality requires for permanent
maintenance of a grave or burial lot on behalf of that person or a
decedent.
(c) The municipality's acceptance of the deposit is a
perpetual trust for the designated grave or burial lot.
(d) On acceptance of the deposit, the municipality's
secretary, clerk, or mayor shall issue a certificate in the name of
the municipality to the trustee or depositor. The certificate must
state:
(1) the depositor's name;
(2) the amount and purpose of the deposit;
(3) the location, as specifically as possible, of the
grave, lot, or burial place to be maintained; and
(4) other information required by the municipality.
(e) An individual, association, foundation, or corporation
that is interested in the maintenance of a neglected cemetery in a
municipality's possession and control may donate funds to the
perpetual trust fund to beautify and maintain the entire cemetery
or burial grounds generally.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.004. USE OF FUNDS. (a) A municipality may invest
and reinvest deposits under this subchapter in interest-bearing
bonds or governmental securities.
(b) The principal of the funds must be kept intact as a
principal trust fund, and the fund's trustee may not use those
funds.
(c) The income or revenue of the fund must be used for the
maintenance and care in a first-class condition of the grave, lot,
or burial place for which the funds are donated. Income or revenue
that is more than the amount necessary to faithfully accomplish the
trust may be used, in the discretion of the trustee, to beautify the
entire cemetery or burial grounds generally.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.005. DEPOSIT RECORDS. (a) A municipality that
acts as a trustee under this subchapter shall maintain a permanent,
well-bound record book including, for each deposit made:
(1) the name of the depositor, listed in alphabetical
order;
(2) the purpose and amount of the deposit;
(3) the name and location, as specifically as
possible, of the grave, lot, or burial place to be maintained;
(4) the condition and status of the trust imposed; and
(5) other information required by the municipality.
(b) A certificate holder under this subchapter may, on
payment of the proper cost or recording fee, record the certificate
in the deed records of the county in which the cemetery is located.
The county clerk shall file, index, and record the certificate in
the deed records of that county.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.006 TAX. (a) A municipality acting as a trustee
for a cemetery may include in the municipality's annual budget an
amount considered necessary for cemetery maintenance.
(b) The municipality may impose a tax on all property in the
municipality in an amount not exceeding five cents for each $100
valuation of the property for maintenance of the cemetery,
regardless of whether the cemetery is located inside or outside the
municipal limits.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.007. APPOINTMENT OF SUCCESSOR TRUSTEE. The
district judge of the county in which the cemetery is located shall
appoint a suitable successor or trustee to faithfully execute a
trust in accordance with this subchapter if the municipality
renounces a trust assumed under this subchapter or fails to act as
its trustee and:
(1) the occasion demands the appointment; or
(2) a vacancy occurs.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.008. TERMINATION OF MUNICIPAL TRUST BY CERTAIN
MUNICIPALITIES. The governing body of a municipality in a county
with a population of at least 128,000 but not more than 133,000 may
abolish the municipality's perpetual trust fund for a cemetery and
use the fund, including both principal and interest, for permanent
improvements to the cemetery.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 222, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 597, § 78, eff. Sept. 1, 1991; Acts 2001,
77th Leg., ch. 669, § 40, eff. Sept. 1, 2001.

§ 713.009. LOCAL POSSESSION AND CONTROL OF UNKEPT OR
ABANDONED CEMETERY. (a) Except as provided by Subsection (i), a
municipality with a cemetery inside the municipality's boundaries
or extraterritorial jurisdiction may, by resolution, take
possession and control of the cemetery on behalf of the public if
the cemetery threatens or endangers public health, safety, comfort,
or welfare.
(b) If a municipality does not take possession and control
of a cemetery under Subsection (a) or acts to take possession and
control but does not perform the work required by Subsections (d),
(e), and (f), a district court on petition of a resident of the
county in which the cemetery is located shall by order appoint a
willing nonprofit corporation organized under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes) to act in place of the municipality to protect the public
health, safety, comfort, and welfare.
(c) A district court appointing a nonprofit corporation has
continuing jurisdiction to monitor and review the corporation's
operation of the cemetery. The court may, on its own motion, revoke
the appointment and appoint another willing nonprofit corporation
without the necessity of another petition. The court shall review
the subsequent appointment if a county resident petitions for
review of the appointment.
(d) A resolution of the municipality or an order of the
court under this section must specify that, not later than the 60th
day after the date of giving notice of a declaration of intent to
take possession and control, the municipality or corporation, as
appropriate, shall:
(1) remove or repair any fences, walls, or other
improvements;
(2) straighten and reset any memorial stones or
embellishments that are a threat or danger to public health,
safety, comfort, or welfare; and
(3) take proper steps to restore and maintain the
premises in an orderly and decent condition.
(e) The notice must be given by mail to all persons shown by
the records in the county clerk's office to have an interest in the
cemetery, and to all interested persons by publication in a
newspaper of general circulation in the municipality.
(f) After taking the action described by Subsection (d), the
municipality or corporation shall continue to maintain the cemetery
so that it does not endanger the public health, safety, comfort, or
welfare. Additional burial spaces may not be offered for sale.
(g) A cemetery in the possession and control of a
municipality or corporation under this section must remain open to
the public.
(h) A municipality or an officer or employee of the
municipality is not civilly or criminally liable for acts performed
in the good faith administration of this section.
(i) This section does not apply to:
(1) a perpetual care cemetery incorporated under the
laws of this state; or
(2) a private family cemetery.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.010. PRIVATE CARE OF GRAVES. This subchapter does
not affect the right of a person who has an interest in a grave or
burial lot, or who is related within the third degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a decedent interred in the cemetery, to beautify or maintain a grave
or burial lot individually or at the person's own expense in
accordance with reasonable municipal rules.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 561, § 33, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.


SUBCHAPTER B. COUNTY REGULATION OF CEMETERIES

§ 713.021. COUNTY TRUST FOR CEMETERY. A commissioners
court by resolution may establish a perpetual trust fund to provide
maintenance for a neglected or unkept public or private cemetery in
the county. The commissioners court shall appoint the county judge
as trustee for the fund.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.022. GIFTS FOR MAINTENANCE OF CEMETERY. (a) A
trustee for a county perpetual trust fund may adopt reasonable
rules to receive a gift or grant from any source and to determine
the amount necessary for permanent maintenance of the cemetery.
(b) A person who is interested in the maintenance of a
neglected or unkept public or private cemetery in the county may
make a gift to the trust fund for maintenance of the cemetery.
(c) The trustee's acceptance of the gift is a perpetual
trust for the maintenance of the cemetery.
(d) On acceptance of the gift, the trustee shall instruct
the county treasurer to issue a certificate to the donor. The
certificate must state:
(1) the amount and purpose of the gift; and
(2) other information determined necessary by the
trustee.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.023. USE OF FUNDS. (a) The trustee may invest
the fund in interest-bearing bonds or federal, state, or local
government securities.
(b) The principal of the fund must be kept intact as a
permanent principal trust fund.
(c) The income or revenue of the fund may be used only for
maintenance of a neglected or unkept public or private cemetery in
the county.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.024. APPOINTMENT OF SUCCESSOR TRUSTEE. If a
county judge who is acting as a trustee under this subchapter
vacates the office or renounces the trust, the district judge shall
appoint a person, other than a county commissioner, as successor
trustee to execute the trust.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.025. PRIVATE CARE OF GRAVES. This subchapter does
not affect the right of a person to maintain a grave or burial lot in
a cemetery if the person:
(1) has an interest in the grave or burial lot; or
(2) is related within the third degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a decedent interred in a cemetery maintained by a trustee under this
subchapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 561, § 34, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.

§ 713.026. USE OF PUBLIC FUNDS AND PROPERTY PROHIBITED;
EXCEPTIONS. (a) Except as provided by Sections 713.027 and
713.028, a trustee of a fund established under this subchapter or a
member of the commissioners court or any other elected county
officer may not pay or use public funds or county employees,
equipment, or property to maintain a neglected or unkept public or
private cemetery.
(b) Subsection (a) does not apply to a county if:
(1) the county owned the cemetery from September 1,
1976, through January 1, 1979; or
(2) the county used county funds, employees,
equipment, or property to maintain a county-owned cemetery during
1976.
(c) A county described by Subsection (b)(1) or (2) may
continue to own the cemetery or to provide maintenance for the
cemetery that qualified the county for the exception if the county
files with the secretary of state a certified copy of a
commissioners court order certifying that the county qualifies to
own or maintain a cemetery under this section. The order must be
kept in a register entitled "County-Owned and -Operated
Cemeteries."
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.027. CEMETERY OWNED BY COUNTY OF 8,200 OR
LESS. (a) A county with a population of 8,200 or less may own,
operate, and maintain a cemetery and sell the right of burial in the
cemetery.
(b) The sale of the right of burial is exempt from the
requirements of Sections 263.001-263.006, Local Government Code.
(c) Revenue received from the sale of the right of burial
may be used to purchase additional land for cemetery purposes and
for maintenance of county cemetery property.
(d) The commissioners court of the county may spend money in
the general fund to maintain a public cemetery in the county and may
dedicate not more than one-eighth of the maximum allowable tax levy
for that purpose.
(e) The commissioners court of the county serves as the
county cemetery board and shall manage cemetery property.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

§ 713.028. COUNTY CARE OF CEMETERY OLDER THAN 50
YEARS. (a) For purposes of historical preservation or public
health, safety, or welfare, a commissioners court may use public
funds, county employees, and county equipment to maintain a
cemetery that has a grave marker more than 50 years old.
(b) This section does not apply to a perpetual care cemetery
or a cemetery maintained by a religious or fraternal organization.
(c) Maintenance of a cemetery under Subsection (a) includes
any activity necessary for the continued operation of the cemetery,
including the opening and closing of graves. This subsection
applies only to a county with a population of 40,000 or less.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 1168, § 1, eff. June 15, 2001.

§ 713.029. COUNTY AUTHORITY TO PURCHASE BURIAL GROUNDS
FOR VETERANS. (a) A commissioners court may purchase burial
grounds to be used exclusively for the burial of honorably
discharged persons who:
(1) have served in the United States armed forces
during a war in which the United States participated; and
(2) die without leaving sufficient means to pay
funeral expenses.
(b) A commissioners court may not purchase burial grounds
under this section if there is a national military cemetery or other
military plot in the county in which honorably discharged veterans
of the United States armed forces may be buried free of charge.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

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