2005 Texas Health & Safety Code CHAPTER 713. LOCAL REGULATION OF CEMETERIES

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, 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, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 2001, 77th Leg., ch. 1168, § 1, eff. June 15, 2001;  Acts 
2005, 79th Leg., ch. 853, § 1, eff. Sept. 1, 2005;  Acts 2005, 
79th Leg., ch. 1187, § 2, eff. June 18, 2005.


	§ 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.