Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 22 - CEMETERIES › Section 22.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
(1) "Abandoned cemetery"
				means a non-perpetual care cemetery containing one or more graves and
				possessing cemetery elements for which no cemetery organization exists and
				which is not otherwise maintained by any caretakers. It may or may not be
				recorded in deed records of the county in which it lies.
(2) "Antiquities Permit" means a permit
				issued by the Texas Historical Commission under the jurisdiction of the
				Antiquities Code of Texas, Natural Resources Code ch. 191.
(3) "Atlas" means the Texas Historic Sites
				Atlas which is a cultural resource database that is maintained by the
				Commission and contains historic properties.
(4) "Burials" and "Burial pits" mean marked
				and unmarked locales set aside for a human burial or burials purposes. Burials
				and burial pits may contain the remains of one or more individuals located in a
				common grave in a locale. The site area encompasses the human remains present
				and also may contain gravestones, markers, containers, coverings, garments,
				vessels, tools, and other grave objects which may be present. or could be
				evidenced by the presence of depressions, pit feature stains, or other
				archeological evidence.
(5)
				"Cemetery" means a place that is used or intended to be used for interment, and
				includes a graveyard, burial park, unknown cemetery, abandoned cemetery,
				mausoleum, or any other area containing one or more graves or unidentified
				graves.
(6) "Commission" means the
				Texas Historical Commission.
(7)
				"Declaration of Dedication" means a notarized statement submitted to the
				appropriate county clerk's office, in which the state verifies and acknowledges
				that the named cemetery contains human burials at least 50 years old.
(8) "Department" means the Texas Department
				of State Health Services.
(9)
				"Disinterment Permit" means a permit issued by the State Registrar that
				authorizes the exhumation of human remains from a grave location.
(10) "Family cemetery" means a cemetery
				containing members of a single family or kinship group, usually located on land
				belonging to the family or occupied by the family when established.
(11) "Funerary objects" means physical
				objects associated with a burial, such as a casket, whether whole or
				deteriorated into pieces, personal effects, ceremonial objects, and any other
				objects interred with human remains.
(12) "Grave" means a space of ground that
				contains interred human remains or is in a burial park and this is used or
				intended to be used for interment of human remains in the ground.
(13) "Identified grave" means a grave that is
				marked with name of the individual interred in the grave or for which there is
				other evidence of the name of the individual interred in the grave.
(14) "Interment" means the permanent
				disposition of human remains by entombment, burial, or placement in a niche,
				but does not include the location of displaced or disarticulated human
				remains.
(15) "Historic cemetery"
				means a cemetery with at least one grave that is 50 years old or
				older.
(16) "Human remains" means
				the body of a decedent.
(17)
				"Marked grave" means a grave that has some physical object or objects
				identifying it as a grave, including a headstone, wooden or metal marker,
				arrangement of field stones, plantings, or other such indicia, whether or not
				the individual in the grave is identified.
(18) "Nonperpetual care cemetery" means a
				cemetery that is not a perpetual care cemetery.
(19) "Perpetual care" or "endowment care"
				means the maintenance, repair, and care of all places in the
				cemetery.
(20) "Perpetual care
				cemetery" or "endowment care cemetery" means a cemetery for the benefit of
				which a perpetual care trust fund is established as provided by Chapter
				712.
(21) "Physical anthropologist"
				means an individual who has a graduate degree in anthropology or archaeology
				with a concentration of study in the assessment of human skeletal remains. This
				person must be qualified to obtain measurements of the skeleton and obtain a
				biological profile, including sex, age, ancestry, stature, and anomalous
				pathological and traumatic conditions.
(22) "Professional archeologist" means an
				individual who has a degree in anthropology, archeology, or a closely related
				field if that degree also included formal training in archeological field
				methods, research, and site interpretation, and who conducts archeological
				investigations as a vocation.
(23)
				"Unidentified grave" means a grave that is not marked in a manner that provides
				the identity of the interment.
(24)
				"Unknown cemetery" means an abandoned cemetery evidenced by the presence of
				marked or unmarked graves that does not appear on a map or in deed
				records.
(25) "Unverified cemetery"
				means a location having some evidence of human burial interments, but in which
				the presence of one or more unmarked graves has not been verified by a person
				described by §
									RSA 711.0105<subdiv>(a)</subdiv>
				of the Health and Safety Code of Texas or by the commission.
(26) "Verified cemetery" means the location
				of a human burial interment or interments as verified by the
				commission.