CHAPTER 713. LOCAL REGULATION OF CEMETERIES
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE C. CEMETERIES AND CREMATORIES
CHAPTER 713. LOCAL REGULATION OF CEMETERIES
SUBCHAPTER A. MUNICIPAL REGULATION OF CEMETERIES
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 47, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 300,000
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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 222, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 597, Sec. 78, eff. Sept. 1, 1991;
Acts 2001, 77th Leg., ch. 669, Sec. 40, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
136, Sec. 1, eff. May 23, 2009.
Sec. 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. The
district court and the nonprofit corporation must comply with the
requirements of Chapter 715 in assuming responsibility for the
cemetery.
(c) In accordance with Chapter 715, 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 present a plan to:
(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, to the Texas Historical Commission, 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, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
914, Sec. 12, eff. September 1, 2009.
Sec. 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 fifth degree by affinity
or consanguinity, as determined under Chapter 573, Government
Code, to, or is a direct descendant of, 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, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 33, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
914, Sec. 13, eff. September 1, 2009.
Sec. 713.011. MAINTENANCE OF MUNICIPAL CEMETERIES. (a) A
municipality that operates or has jurisdiction over a public
cemetery shall maintain the cemetery in a condition that does not
endanger the public health, safety, comfort, or welfare.
(b) A municipality's responsibility to maintain a cemetery under
this section includes:
(1) repairing and maintaining any fences, walls, buildings,
roads, or other improvements;
(2) leveling or straightening markers or memorials;
(3) properly maintaining lawns, shrubbery, and other plants;
(4) removing debris, including dead flowers and deteriorated
plastic ornaments; and
(5) promptly restoring gravesites following an interment.
Added by Acts 2009, 81st Leg., R.S., Ch.
914, Sec. 14, eff. September 1, 2009.
SUBCHAPTER B. COUNTY REGULATION OF CEMETERIES
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 fifth degree by affinity or
consanguinity, as determined under Chapter 573, Government Code,
to, or is a direct descendant of, a decedent interred in a
cemetery maintained by a trustee under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 34, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
914, Sec. 15, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, county inmate labor as provided by Article 43.10, Code
of Criminal Procedure, 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) At the discretion of the commissioners court, a county may
permit the use of public funds, county employees, county inmate
labor as provided by Article 43.10, Code of Criminal Procedure,
and county equipment to open and close graves in a cemetery
described by Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 1168, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
853, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1187, Sec. 2, eff. June 18, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.