| 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. 713.009. LOCAL POSSESSION AND CONTROL OF UNKEPT OR ABANDONED CEMETERY. (g) A cemetery in the possession and control of a municipality or corporation under this section must remain open to the public. (i) This section (referring to section 713.009) does not apply to: (1) a perpetual care cemetery incorporated under the laws of this state; or (2) a private family cemetery. (NOTE = perpetual care cemeteries and private cemeteries operate under state law, not municipal, which is why Section 9 does not apply.) 713.010. PRIVATE CARE OF GRAVES. (refers to municipal regulations) 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 third degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to 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. 713.025. PRIVATE CARE OF GRAVES. (refers to county regulations) 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 third degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a decedent interred in a cemetery maintained by a trustee under this subchapter. (NOTE = Beware! This chapter does not explicitly state what is meant by "an interest.") =============================================================================================================== |
| Texas Health and Safety Code, Subtitle C, Chapter 713 http://tlo2.tlc.state.tx.us/statutes/docs/HS/content/htm/hs.008.00.000713.00.htm |
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