reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter C. Regulation and Enforcement › Section 712.0443. Cease and Desist Order

Sec. 712.0443.  CEASE AND DESIST ORDER.  (a)  The commissioner may issue an order to cease and desist to a person if:
(1)  the commissioner finds by examination or other credible evidence that the person has violated a law of this state relating to perpetual care cemeteries, including a violation of this chapter, the commissioner's final order, or a Finance Commission of Texas rule; and
(2)  the violation was not corrected by the 31st day after the date the person receives written notice of the violation from the department.
(b)  An order proposed under this section shall be served on the person and must state the grounds for the proposed order with reasonable certainty and the proposed effective date, which may not be less than the 20th day after the date the order is mailed or delivered.  The order becomes effective on the proposed date unless the person requests a hearing not later than the 19th day after the date the order is mailed or delivered.  If the person requests a hearing, the hearing shall be conducted in accordance with the procedures for a contested case hearing under Chapter 2001, Government Code.
(c)  If a cease and desist order issued under this section names an officer, director, or employee of a perpetual care cemetery, the order may require the person named in the order to take corrective action to remedy the violation described by the order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 13, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 13, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter C. Regulation and Enforcement › Section 712.0444. Emergency Order

Sec. 712.0444.  EMERGENCY ORDER.  (a)  The commissioner may issue an emergency order that takes effect immediately if the commissioner finds that immediate and irreparable harm is threatened to the public or a plot owner, marker purchaser, or other person whose interests are protected by this chapter.
(a-1)  An emergency order must:
(1)  state the grounds on which the order is granted;
(2)  advise the person against whom the order is directed that the order takes effect immediately;
(3)  to the extent applicable, require the person to:
(A)  immediately cease and desist from the conduct or violation that is the basis of the order; or
(B)  take the affirmative action stated in the order as necessary to correct a condition resulting from the conduct or violation that is the basis of the order or as otherwise appropriate;
(4)  be delivered by personal delivery or sent by certified mail, return receipt requested, to the person at the person's last known address; and
(5)  notify the person against whom the order is directed that the person may request a hearing on the order by filing a written request for a hearing with the commissioner not later than the 18th day after the date the order is delivered or mailed, whichever is earlier.
(b)  The emergency order takes effect as soon as the person against whom the order is directed has actual or constructive knowledge of the issuance of the order.  An emergency order remains in effect unless stayed by the commissioner.
(c)  The person named in the emergency order may request in writing, not later than the 18th day after the date the order is delivered or mailed, whichever is earlier, a hearing to show that the emergency order should be stayed.  On receipt of the request, the commissioner shall set a time for the hearing not later than the 21st day after the date the commissioner received the request, unless extended at the request of the person named in the order.
(d)  The hearing is an administrative hearing relating to the validity of findings that support immediate effect of the order.
(e)  Unless the commissioner receives a written request for a hearing in accordance with Subsection (c), the order is final on the 19th day after the date the order is delivered or mailed, whichever is earlier, and may not be appealed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 13, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 13, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 19 (S.B. 656), Sec. 5, eff. May 15, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(28), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter C. Regulation and Enforcement › Section 712.0445. Receivership Proceedings

Sec. 712.0445.  RECEIVERSHIP PROCEEDINGS.  (a)  In conjunction with a proceeding to forfeit the right to do business in this state brought by the attorney general, the attorney general may seek the appointment of a receiver.  This remedy is in addition to other grounds for the appointment of a receiver.
(b)  If the receiver is a private party, the receiver shall be compensated from the corporation or, if the corporation has no assets available to pay the receiver, from the income only of the perpetual care fund.  The receiver may not invade the principal of the fund.
(c)  The court may appoint a department employee as receiver.  If the receiver is a department employee, the employee may not receive compensation for serving as receiver in addition to the employee's regular salary.  The department may receive reimbursement from the corporation for the travel expenses and the fully allocated personnel costs associated with the employee's service as receiver.
(d)  A department employee serving as receiver is not personally liable for damages arising from the employee's official act or omission unless the act or omission is corrupt or malicious.  The attorney general shall defend an action brought against an employee serving as receiver because of an official act or omission as receiver regardless of whether the employee has terminated service with the department before the action commences.
Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 13, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter C. Regulation and Enforcement › Section 712.045. Revocation or Suspension of Certificate of Authority

Sec. 712.045.  REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORITY.  (a)  The commissioner by order may revoke or suspend a certificate of authority issued under this chapter if the commissioner determines through an investigation or other credible evidence that the certificate holder:
(1)  violated this chapter, a rule adopted or order issued under this chapter, or another law of this state relating to cemeteries;
(2)  misrepresented or concealed a material fact in the certificate application; or
(3)  obtained or attempted to obtain the certificate by misrepresentation, concealment, or fraud.
(b)  An order issued under Subsection (a) must state:
(1)  with reasonable certainty, the grounds for the order; and
(2)  the effective date of the order, which may not be earlier than the 16th day after the date the order is mailed.
(c)  The commissioner shall provide an order described by Subsection (a) to the person named in the order by certified mail, return receipt requested, at the person's last known address.
(d)  A person may request a hearing on an order described by Subsection (a) not later than the 15th day after the date the order is mailed.  If the person requests a hearing, the order is stayed until the hearing is resolved.  A hearing is a contested case under Chapter 2001, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter C. Regulation and Enforcement › Section 712.048. Criminal Penalties

Sec. 712.048.  CRIMINAL PENALTIES.  (a)  A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or municipality, commits an offense if the person sells, offers to sell, or advertises for sale an interment right in a plot and, before a fund is established for the cemetery in which the plot is located as provided by this chapter, represents that the plot is under perpetual care.  An offense under this subsection is a Class A misdemeanor.  This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages caused by an injury resulting from an offense under this subsection.
(b)  A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or municipality, commits an offense if the person knowingly defalcates or misappropriates assets of a fund.  An offense under this subsection is punishable as if it were an offense under Section 32.45, Penal Code.
(c)  A person commits an offense if the person collects money for the purchase of a memorial, as defined by Section 711.001, and knowingly defalcates or misappropriates the funds.  An offense under this subsection is punishable as if it were an offense under Section 32.45, Penal Code.  This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages, or the commissioner from maintaining an administrative action for restitution, caused by an injury resulting from an offense under this subsection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 46, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 14, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.061. Offer and Sale of Undeveloped Mausoleum Space

Sec. 712.061.  OFFER AND SALE OF UNDEVELOPED MAUSOLEUM SPACE.  (a)  A corporation may not directly or indirectly sell or offer for sale an undeveloped mausoleum space unless before the sale or offer the corporation:
(1)  establishes a preconstruction trust as provided by Section 712.063 or executes and submits a performance bond payable to the commissioner as provided by Section 712.067; and
(2)  submits a written notice to the commissioner as required by Subsection (b).
(b)  The written notice to the commissioner must set forth:
(1)  the date the corporation anticipates that sales of undeveloped mausoleum spaces will begin;
(2)  a copy of the sales contract proposed for use that complies with Section 712.066;
(3)  if the corporation establishes a preconstruction trust as provided by Section 712.063, a copy of the executed preconstruction trust agreement that complies with this subchapter and identifies the preconstruction trustee;
(4)  if the corporation submits a performance bond payable to the commissioner as provided by Section 712.067, the executed, original performance bond in the amount required by Section 712.067 and documentation supporting the corporation's computation of that amount; and
(5)  other information the commissioner reasonably requires to properly administer and enforce this subchapter.
(c)  At any time before beginning construction of the mausoleum or mausoleum section in which undeveloped mausoleum spaces are being sold, a corporation that has established a preconstruction trust may substitute a performance bond that meets the requirements of Section 712.067.  On acceptance of the performance bond by the commissioner, the corporation may terminate and withdraw all proceeds deposited in the preconstruction trust.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.062. Deposits to Fund

Sec. 712.062.  DEPOSITS TO FUND.  This subchapter does not affect the corporation's obligation to make deposits to its fund as provided in Subchapter B.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.064. Construction; Default

Sec. 712.064.  CONSTRUCTION; DEFAULT.  (a)  The corporation shall start construction of the mausoleum or mausoleum section in which sales or reservations for sale of undeveloped mausoleum spaces are being made on or before a date that is 48 months after the date of the first of those sales or reservations and shall complete construction on or before a date that is 60 months after the date of the first of those sales or reservations.  The commissioner may grant extensions for good cause shown.
(b)  If construction of a mausoleum or mausoleum section related to an undeveloped mausoleum space has not begun or been completely constructed by the applicable time specified by Subsection (a), on the written request of the buyer, the corporation and the preconstruction trustee shall, on or before the 30th day after the date of the buyer's request, refund the entire amount paid for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust.  The corporation is liable to a buyer for any portion of the purchase price paid for undeveloped mausoleum spaces that was not deposited in the preconstruction trust.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.065. Release of Trust Funds to Corporation

Sec. 712.065.  RELEASE OF TRUST FUNDS TO CORPORATION.  (a)  On completion of construction of a mausoleum or mausoleum section subject to this subchapter, the corporation may withdraw all money deposited in the preconstruction trust and the net income earned on the money after submitting to the preconstruction trustee a sworn affidavit of completion executed by an officer or agent of the corporation on a form prescribed by the department.
(b)  During construction of the mausoleum or mausoleum section containing the undeveloped mausoleum spaces, the corporation may periodically withdraw from the preconstruction trust an amount equal to the previously unreimbursed cost of performed labor or delivered materials after submitting to the preconstruction trustee a sworn affidavit of expenditures for construction cost executed by an officer or agent of the corporation on a form prescribed by the department.
(c)  If the corporation delivers a completed mausoleum space acceptable to the buyer in lieu of the undeveloped mausoleum space purchased, the corporation may withdraw all money deposited to the preconstruction trust for that buyer and related income earned on the money after submitting to the preconstruction trustee a sworn affidavit of performance executed by an officer or agent of the corporation on a form prescribed by the department.
(d)  The corporation shall maintain copies of the affidavits required by this section for examination by the department.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.066. Contract Disclosures

Sec. 712.066.  CONTRACT DISCLOSURES.  (a)  A sales contract for an undeveloped mausoleum space, whether in English or Spanish, must inform the buyer:
(1)  that the buyer by written notice may cancel the contract for the failure of the corporation or its agent or contractor to construct the mausoleum or mausoleum section containing the undeveloped mausoleum space within the time limits specified by Section 712.064(a) and receive a refund of the entire amount paid under the contract for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust, as provided by Section 712.064(b);
(2)  of the options available under a fully paid contract in the event that the person to be interred in the undeveloped mausoleum space dies before completion of the related mausoleum or mausoleum section, which may include an option to:
(A)  select a replacement mausoleum space or other interment that is acceptable to the buyer or buyer's representative; or
(B)  elect temporary interment of the human remains or cremated remains in an existing mausoleum space until the undeveloped mausoleum space is completed, at which time the corporation shall disinter and reinter the human remains or cremated remains at no additional charge; and
(3)  if the corporation does not offer a temporary interment option and the buyer does not accept a replacement mausoleum space or other interment, that the buyer or the buyer's representative by written notice may cancel the contract and receive a refund of the entire amount paid under the contract for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust, as provided by Section 712.064(b).
(b)  A corporation's sales contract for undeveloped mausoleum space must comply with applicable regulations of the Federal Trade Commission, including 16 C.F.R. Section 433.2, with respect to a contract payable in installments.
(c)  Required notices to buyers must be written in plain language designed to be easily understood by the average consumer and be printed in an easily readable font and type size.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.067. Bond in Lieu of Preconstruction Trust

Sec. 712.067.  BOND IN LIEU OF PRECONSTRUCTION TRUST.  (a)  In lieu of establishing the preconstruction trust required by Section 712.063, a corporation may execute and submit a bond issued by a surety company authorized to do business in this state and reasonably acceptable to the commissioner.  The bond must be payable to the commissioner and conditioned on the faithful performance of the contracts for sale of undeveloped mausoleum spaces.
(b)  The amount of the bond must equal or exceed 120 percent of the cost of construction of the related mausoleum or mausoleum section. The cost of construction of the mausoleum or mausoleum section must be based on:
(1)  estimates of the design architect and two or more bids for the construction from qualified contractors authorized to do business in this state;
(2)  the actual cost of construction set forth in an executed contract with a qualified contractor authorized to do business in this state; or
(3)  if the corporation intends to construct the mausoleum or mausoleum section itself, an amount equal to 120 percent of the estimated cost of construction, including direct and allocated labor and material costs.
(c)  At any time before beginning construction of the mausoleum or mausoleum section in which undeveloped mausoleum spaces are being sold, a corporation that has submitted a performance bond may establish a preconstruction trust that meets the requirements of Section 712.063.  On acceptance of the substituted preconstruction trust by the commissioner, the corporation may terminate and withdraw the previously submitted performance bond.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 712 - Perpetual Care Cemeteries › Subchapter D. Sale of Undeveloped Mausoleum Space › Section 712.068. Reports

Sec. 712.068.  REPORTS.  On or before the date the corporation's annual statement of funds is due as required by Section 712.041, the corporation shall cause the preconstruction trustee to file with the department, in the form prescribed by the department, a full and true statement regarding the activities of any preconstruction trust that was subject to this subchapter at any time during the preceding calendar year.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.
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 713.001. Municipal Cemetery Authorized

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.
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 713.002. Local Trust for Cemetery

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.
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 713.003. Local Authority to Receive Gifts; Deposits for Care; Certificates

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.
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 713.004. Use of Funds

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.
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 713.005. Deposit Records

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.
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 713.006. Tax

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.
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 713.007. Appointment of Successor Trustee

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.
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 713.008. Termination of Municipal Trust by Certain Municipalities

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 310 (H.B. 2198), Sec. 1
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 855 (H.B. 2812), Sec. 1, see other Sec. 713.008.
Sec. 713.008.  TERMINATION OF MUNICIPAL TRUST BY CERTAIN MUNICIPALITIES.  (a) 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.
(b)  The governing body of a municipality in a county with a population of at least 40,000 but not more than 80,000 and that contains a portion of the Angelina National Forest 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.  Termination of a trust fund under this subsection does not constitute renouncement of a trust or failure to act as its trustee under this subchapter.
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 (S.B. 1103), Sec. 1, eff. May 23, 2009.
Acts 2019, 86th Leg., R.S., Ch. 310 (H.B. 2198), Sec. 1, eff. September 1, 2019.
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 713.008. Termination of Municipal Trust by Certain Municipalities

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 855 (H.B. 2812), Sec. 1
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 310 (H.B. 2198), Sec. 1, see other Sec. 713.008.
Sec. 713.008.  TERMINATION OF MUNICIPAL TRUST BY CERTAIN MUNICIPALITIES.  (a)  This section applies to the governing body of a municipality in a county with a population of:
(1)  at least 128,000 but not more than 300,000; or
(2)  at least 20,000 but not more than 21,000.
(b)  The governing body of a municipality to which this section applies 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 (S.B. 1103), Sec. 1, eff. May 23, 2009.
Acts 2019, 86th Leg., R.S., Ch. 855 (H.B. 2812), Sec. 1, eff. September 1, 2019.
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 713.010. Private Care of Graves

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 (H.B. 2927), Sec. 13, eff. September 1, 2009.
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 713.011. Maintenance of Municipal Cemeteries

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 (H.B. 2927), Sec. 14, eff. September 1, 2009.
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 713.012. Abandoned Plots in Certain Cemeteries in Municipal Possession and Control

Sec. 713.012.  ABANDONED PLOTS IN CERTAIN CEMETERIES IN MUNICIPAL POSSESSION AND CONTROL.  (a)  This section applies only to a cemetery for which the governing body of a municipality by official action issues the findings described by Section 713.009(f-1).
(b)  After notice provided in accordance with Subsection (c) and a public hearing, the governing body of a municipality may by official action declare a plot in a cemetery subject to this section as presumed abandoned if:
(1)  the municipality does not have any record of ownership or sale of the plot;
(2)  the plot has not been used for interment; and
(3)  the plot is not within a family enclosure or area of plots of related persons.
(c)  A municipality shall provide written notice of the public hearing required under Subsection (b) that satisfies the notice requirements described by Section 713.009(f-2).
(d)  The municipality may combine the notice and hearing required under this section with the notice and hearing required under Sections 713.009(f-1) and (f-2).
(e)  A municipality has the exclusive right of sepulture in an abandoned plot in a cemetery subject to this section and may convey that right in the plot.
(f)  A person may rebut the presumption of abandonment by submitting to the municipality a deed, certificate of ownership, bill of sale, receipt, instrument of conveyance, or other evidence of ownership under which the person may claim the exclusive right of sepulture in the plot in accordance with Section 711.039.
Added by Acts 2023, 88th Leg., R.S., Ch. 136 (H.B. 2371), Sec. 2, eff. September 1, 2023.
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 713.013. Appeal of Finding of Abandonment

Sec. 713.013.  APPEAL OF FINDING OF ABANDONMENT.  (a)  Not later than the 10th day after the date the governing body of a municipality declares a plot abandoned under Section 713.012, a person aggrieved by the declaration or a taxpayer residing in the municipality may file with a district court, county court, or county court at law of the county in which the cemetery is located a verified petition that states the decision is wholly or partly illegal and the grounds of the illegality.
(b)  On the filing of the petition, the court may grant a writ of certiorari directed to the governing body to review the governing body's decision.  The writ must require the governing body's return to be made and served on the petitioner not later than the 10th day after the date the writ is issued, unless otherwise extended by the court.  Granting of the writ does not stay the proceedings on appeal, but on application and after notice to the governing body, the court may grant a restraining order.
(c)  The governing body's return must be verified and concisely state any pertinent facts that show the grounds of the decision under appeal.  The governing body is not required to return the original documents on which the governing body acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.
(d)  If a court determines at the hearing that testimony is necessary for proper disposition of the matter, the court may take evidence or appoint a referee to take evidence as directed.  The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law.  The referee's report constitutes a part of the proceedings on which the court makes a decision.
(e)  The court may wholly or partly reverse or affirm or modify the appealed decision.  The court may not assess costs against the governing body unless the court determines that the governing body acted with gross negligence, bad faith, or malice in making the decision.
Added by Acts 2023, 88th Leg., R.S., Ch. 136 (H.B. 2371), Sec. 2, eff. September 1, 2023.
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 B. County Regulation of Cemeteries › Section 713.021. County Trust for Cemetery

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.
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 B. County Regulation of Cemeteries › Section 713.022. Gifts for Maintenance of Cemetery

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.
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 B. County Regulation of Cemeteries › Section 713.023. Use of Funds

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.
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 B. County Regulation of Cemeteries › Section 713.024. Appointment of Successor Trustee

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.
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 B. County Regulation of Cemeteries › Section 713.025. Private Care of Graves

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 (H.B. 2927), Sec. 15, eff. September 1, 2009.
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 B. County Regulation of Cemeteries › Section 713.026. Use of Public Funds and Property Prohibited; Exceptions

Sec. 713.026.  USE OF PUBLIC FUNDS AND PROPERTY PROHIBITED;  EXCEPTIONS.  (a)  Except as provided by Sections 713.027, 713.0271, 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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 492 (H.B. 4179), Sec. 3, eff. June 7, 2019.
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 B. County Regulation of Cemeteries › Section 713.027. Cemetery Owned by County of 8,200 or Less

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.
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 B. County Regulation of Cemeteries › Section 713.0271. Cemetery Owned by Certain Counties

Sec. 713.0271.  CEMETERY OWNED BY CERTAIN COUNTIES.  A county with a population of more than 800,000 that borders a county with a population of more than 3.3 million may own, operate, and maintain a cemetery.
Added by Acts 2019, 86th Leg., R.S., Ch. 492 (H.B. 4179), Sec. 1, eff. June 7, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 101, eff. September 1, 2023.
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 B. County Regulation of Cemeteries › Section 713.028. County Care of Cemetery Older Than 50 Years

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 is at least 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 (S.B. 951), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1187 (H.B. 129), Sec. 2, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 492 (H.B. 4179), Sec. 2, eff. June 7, 2019.