2023 Texas Statutes › 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 › Section 713.009. Local Possession and Control of Unkept or Abandoned Cemetery

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, except as provided by Subsection (f-1).
(f-1)  A municipality that has taken possession and control of a cemetery under this section for at least 25 years may sell additional burial spaces in the cemetery if, after a public hearing, the governing body of the municipality by official action finds that:
(1)  the cemetery has been consistently maintained in accordance with Section 713.011; and
(2)  the sale and use of additional burial spaces in the cemetery will not endanger the public health, safety, comfort, or welfare.
(f-2)  A municipality shall provide written notice of a public hearing required under Subsection (f-1).  The notice must:
(1)  describe the municipality's proposed action;
(2)  identify the cemetery that is the subject of the hearing by name and location;
(3)  be published in a newspaper of general circulation:
(A)  once a week for three consecutive weeks:
(i)  in a county in which the cemetery is located; or
(ii)  in the absence of a newspaper in that county, in the neighboring county nearest to the cemetery that has a newspaper of general circulation; and
(B)  with a final date of publication that is not less than one week and not more than two weeks before the date of the hearing; and
(4)  be mailed to the Texas Historical Commission not less than one week before the date of the hearing.
(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 (H.B. 2927), Sec. 12, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 136 (H.B. 2371), Sec. 1, eff. September 1, 2023.