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.
Amended by 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.
Amended by 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.
Amended by 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.
