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From: "PRSmith" <>
Subject: Re: [TX-CEMETERY-PRESERVATION] Maintenance of Cemetery by City/County Govt in Texas
Date: Sun, 16 Nov 2003 13:56:36 -0600
References: <20031116175833.80668.qmail@web80510.mail.yahoo.com>


§ 713.028. County Care of Cemetery Older than 50 Years
.
.
.
(c) Maintenance of a cemetery. . .This subsection applies only to a county with a population of 40,000 or less.

What does that mean? Harris County is exempt and doesn't have to care for such cemeteries?



Good Hunting! -- Paul
aka Graveseeker on
www.geocaching.com where
YOU are the search engine!


----- Original Message -----
From: Lynna Kay Shuffield
To:
Sent: Sunday, November 16, 2003 11:58 AM
Subject: [TX-CEMETERY-PRESERVATION] Maintenance of Cemetery by City/County Govt in Texas


Larry,

IF the cemetery is within the city limits, under Texas Cemetery Law, they can declare it a "health hazard" and use tax payer dollars to maintain only the cemetery ...


§ 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.

= = = = =

The same applies to COUNTY COMMISSIONER COURTS who can also use tax payer dollars to mow cemeteries ...



§ 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.


Larry E Gosnell <> wrote:
Old cemetary in Humble is not well known, and not taken care of






Lynna Kay Shuffield - P. O. Box 16604 - Houston, Texas 77222 - 713/692-4511

'Our Loose Ends' Genealogy Column by Lynna Kay Shuffield
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