§
714.001. Depth of Graves; Criminal Penalty
(a) The body of a decedent may not be buried in
a manner so that the outside top surface of the
container of the body is:
(1) less than two feet below the surface of the
ground if the container is not made of an
impermeable material; or
(2) less than 1-1/2 feet below the surface of
the ground if the container is made of an
impermeable material.
(b) The governing body of a political
subdivision of this state may, because of
subsurface soil conditions or other relevant
considerations, permit, by ordinance or rule,
burials in that political subdivision at a
shallower depth than that required by Subsection
(a).
(c) This section does not apply to burials in a
sealed surface reinforced concrete burial vault.
(d) A person commits an offense if the person
buries the body of a decedent in violation of
this section or in violation of an ordinance or
rule adopted under this section.
(e) An offense under this section is a
misdemeanor punishable by a fine of not less
than $100 or more than $200.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept.
1, 1989.
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714.002. Limitation on Location of Feed or
Slaughter Pens near Cemetery
(a) The maintenance or location of a feed pen
for hogs, cattle, or horses, a slaughter pen, or
a slaughterhouse 500 feet or nearer to an
established cemetery
in a county with a population of at least
525,000 is a nuisance.
(b) The cemetery
owner or a lot owner may bring suit to abate the
nuisance and to prohibit its continuance. If a
nuisance under this section exists or is
threatened, the court shall grant a permanent
injunction against the person responsible for
the nuisance.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept.
1, 1989.
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714.003. Abandoned Plots in Private Cemeteries
(a) The ownership or right of sepulture in an
unoccupied plot for which adequate perpetual
care has not been provided in a private cemetery
operated by a nonprofit organization reverts to
the cemetery
on a finding by a court that the plot is
abandoned. A cemetery
may convey title to any plot that has reverted
to the cemetery.
(b) A plot is presumed to be abandoned if for 10
consecutive years an owner or an owner's
successor in interest does not:
(1) maintain the plot in a condition consistent
with other plots in the cemetery;
or
(2) pay any assessments for maintenance charged
by the cemetery.
(c) An owner or an owner's successors in
interest may rebut the presumption of
abandonment by:
(1) delivering to the governing body or by
filing with the court written notice claiming
ownership of or right of sepulture in the plot;
and
(2) paying the cemetery
for any past due maintenance charges on the plot
plus interest at the maximum legal rate.
(d) A notice for rebuttal of a presumption must
be given by delivery in person or by prepaid
United States mail, properly addressed. If the
notice is mailed, delivery is effective on the
date the envelope containing the notice is
postmarked.
(e) The governing body may petition a court of
competent jurisdiction for an order declaring
that a plot is abandoned if, not later than the
91st day and not earlier than the 120th day
before the date the petition is filed, the
governing body gives written notice of its claim
of the plot to the owner or, if the owner is
deceased or his address is unknown, to the
owner's known successors in interest. The notice
must be delivered in person or by prepaid United
States mail, sent to the last known address of
the owner or the owner's successors in interest.
(f) If after reasonable effort the governing
body cannot locate or ascertain the identity of
an owner or an owner's successors in interest,
the governing body must give the notice required
by this section by publishing it once each week
for four consecutive weeks in a newspaper of
general circulation in the county in which the cemetery
is located.
(g) After deducting reasonable expenses related
to the reacquisition and sale of an abandoned
plot, including restoration, expenses of the
sale, court costs and legal fees, a cemetery
shall deposit the balance of the funds from the
sale of the plot into an account to be used for
the care of the cemetery.
(h) This section prevails over Sections 711.035,
711.036, 711.038, 711.039, and 711.040 to the
extent of any conflict.
(i) In this section:
(1) "Governing body" means the person
in a nonprofit organization responsible for
conducting a cemetery
business.
(2) "Nonprofit organization" means an
organization described by Section 501(c)(13),
Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(13) ).
(3) "Plot" means a grave space in a cemetery
that has not been used to inter human remains.
(4) "Private cemetery"
means a cemetery
that is not owned or operated by the United
States, this state, or a political subdivision
of this state, but is owned and operated by a
nonprofit organization.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept.
1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1124, §§
1, 2, eff. June 18, 1999.
§
714.004. Removal of Remains From Abandoned Cemetery
in County of at Least 525,000
(a) If an abandoned and neglected cemetery
in a county with a population of at least
525,000 for which no perpetual care and
endowment fund has been regularly and legally
established is abated as a nuisance, the court
abating the nuisance and enjoining its
continuance or the governing body of the
municipality in which the cemetery
is located may authorize the removal of all
bodies, monuments, tombs, and other similar
items from the cemetery
to a perpetual care cemetery
as defined by Section 711.001.
(b) If there is no perpetual care cemetery
in the county that under its rules permits the
interment of the bodies of the persons that are
to be removed, the bodies, monuments, tombs, and
other similar items may be removed to a
nonperpetual care cemetery
that has provided for assessments for the cemetery's
future care.
Acts
1989, 71st Leg., ch. 678, § 1, eff. Sept. 1,
1989.
