Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 22 - CEMETERIES › Section 22.6 - Historic Texas Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) Any cemetery
				that is deemed worthy of recognition and preservation for its historic
				associations is eligible for designation as a Historic Texas Cemetery. The
				purpose of this designation is to alert the present and future owners of land
				adjacent to the cemetery of the existence of the cemetery. Such cemeteries are
				eligible for this status if established at least 50 years before the date of
				application. The History Programs Committee may waive the age requirement for
				cemeteries that are deemed to be exceptionally significant. Designation as a
				Historic Texas Cemetery does not restrict in any way the private owner's use of
				the land outside the cemetery boundaries.
(b) Any individual, organization, or agency
				may submit an application for designation. The Commission shall notify the
				owner of the property containing a cemetery, or adjacent landowners having
				common boundaries with the cemetery, about the proposed designation.
(c) Applications for Historic Texas Cemetery
				designation are available at the Commission or on the Commission's website.
				Completed applications, along with the processing fee of $25 (twenty-five
				dollars), shall be sent to the Commission for processing and review. County
				Historical Commissions will be notified of applications submitted for
				cemeteries in their county and will be provided a copy of the application
				materials. The Commission may request further documentation if necessary. The
				burden of proof of the existence of the cemetery is on the applicant. If the
				application is accepted for designation, the applicant will be sent a
				Declaration of Dedication to be filed with the appropriate county clerk's
				office. Applications rejected because of ineligibility may be reviewed by the
				History Programs Committee upon the request of the applicant. The cemetery will
				be officially recognized as a Historic Texas Cemetery when the applicant
				forwards a copy of the recorded Declaration of Dedication and exhibits which
				include the filing date and recording data.
(d) Designation as a Historic Texas Cemetery
				must be based on complete documentation of the cemetery's eligibility as
				outlined in the application form available from the Commission. Examples of
				documentation that may be requested include deed and title, plot records,
				archival documents, photographs, oral histories, and archeological
				data.
(e) The Historic Texas
				Cemetery designation may be removed only by action of the Commission or by an
				order of the court of proper jurisdiction removing the dedication or permitting
				the removal of the cemetery and the return of the land to other purposes. A
				transfer of ownership does not result in a removal of the dedication.
(f) A Historic Texas Cemetery may be further
				recognized with an Official Historic Texas Cemetery Marker, available for
				purchase through the Commission. The marker shall be placed in accordance with
				§
									RSA 21.7 of
				this title (relating to Application Requirements) and §
									RSA 21.9
				of this title (relating to Application Evaluation Procedures).