Tex. Gov't Code Section 2165.256
State Cemetery and Other Burial Grounds


(a)

In this section:

(1)

“Board” means the State Preservation Board.

(2)

“Committee” means the State Cemetery Committee.

(a-1)

The board, in cooperation with the committee, shall govern and provide oversight, adopt rules and policies, and provide for the operation of the State Cemetery.

(b)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 932 , Sec. 5(1), eff. September 1, 2015.

(b-1)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 932 , Sec. 5(1), eff. September 1, 2015.

(c)

The committee shall procure and erect at the head of each grave that does not have a permanent monument a marble obelisk on which shall be engraved the name of the dead buried in the grave.

(d)

Persons eligible for burial in the State Cemetery are:

(1)

a former member of the legislature or a member who dies in office;

(2)

a former elective state official or an elective state official who dies in office;

(3)

a former state official or a state official who dies in office who has been appointed by the governor and confirmed by the senate and who served at least 10 years in the office to which appointed;

(4)

a person specified by a governor’s proclamation, subject to review and approval by the committee under Subsection (e);

(5)

a person specified by a concurrent resolution adopted by the legislature, subject to review and approval by the committee under Subsection (e); and

(6)

a person specified by order of the committee under Subsection (e).

(e)

The committee shall review the names of state officials presented to the committee for consideration under Subsection (d)(3), in proclamations under Subsection (d)(4), and in resolutions under Subsection (d)(5). A person whose name is presented to the committee or who is specified in a proclamation or resolution is eligible for burial in the State Cemetery only if the committee, following its review, finds that the person specified made a significant contribution to Texas history and only if, based on that finding, the committee approves the person’s burial in the cemetery. The committee may by order authorize a burial under Subsection (d)(6) only if the committee finds that the person made a significant contribution to Texas history, which may include a person who served this state through public administration or governmental service.

(f)

Grave spaces are allotted for:

(1)

a person who is eligible or who clearly will be eligible for burial under Subsection (d);

(2)

the person’s spouse; and

(3)

the person’s unmarried child of any age, if the child, on September 1, 1979, or at the time of the child’s death, because of a long-standing physical or mental condition that was manifest during the lifetime of one of the child’s parents, is dependent on another for care or support.

(g)

A child eligible for burial under Subsection (f)(3) must be buried alongside the child’s parent or parents.

(h)

A grave plot may not be longer than eight feet nor wider than three feet times the number of persons of one family authorized to be buried alongside one another.

(i)

The board, in collaboration with the committee, shall adopt rules regulating the monuments erected in the State Cemetery.

(j)

A tree, shrub, or flower may not be planted in the State Cemetery without the committee’s written permission.

(k)

A person may be buried on state property only in the State Cemetery or in a cemetery maintained by a state eleemosynary institution. Other state property, including the State Capitol grounds, may not be used as a burial site.

(l)

The committee shall allot and locate the necessary number of grave plots authorized on application made by:

(1)

the person primarily eligible for burial under Subsection (d);

(2)

the person’s spouse; or

(3)

the executor or administrator of the person’s estate.

(m)

The committee shall consider for burial in the State Cemetery persons who have made significant contributions to Texas history and culture in the following fields: air and space, agriculture, art and design, business and labor, city building, education, governmental service, industry, justice, military affairs, law enforcement, oil and gas, performing arts, philanthropy, public administration, ranching, religion, science and medicine, sports, and writing.

(n)

The committee shall consider for reinterment in the State Cemetery persons from the following eras: Spanish exploration and colonization, Mexican, Texas revolution, republic and statehood, Civil War and Reconstruction, frontier, Gilded Age, progressive, Great Depression and World War II, postwar, and modern.

(o)

The committee shall designate different areas of the cemetery for burial of persons from the fields described in Subsection (m).

(p)

The committee shall develop plans for obtaining land adjacent to the State Cemetery for expansion of the cemetery.

(q)

The committee shall actively pursue plot reservations from persons eligible for burial in the State Cemetery.

(r)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 932 , Sec. 5(1), eff. September 1, 2015.

(s)

The committee may accept a gift, grant, or bequest of money, securities, services, or property to carry out any purpose of the committee, including funds raised or services provided by a volunteer or volunteer group to promote the work of the committee. The committee may participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the committee, and the committee may contract with such an organization for the performance of such activities.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.05(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 264, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 102, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 486, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 8.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 684, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 645 (H.B. 2900), Sec. 1, eff. June 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1243 (S.B. 1871), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 5(1), eff. September 1, 2015.

Source: Section 2165.256 — State Cemetery and Other Burial Grounds, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2165.­htm#2165.­256 (accessed Mar. 23, 2024).

2165.001
Custodianship of State Property
2165.002
Exceptions to Commission Charge and Control
2165.003
Allocation of Space Affecting Legislature
2165.004
Lease of Space to Public Tenants in Certain State-owned Buildings
2165.005
Naming of State Buildings
2165.007
Facilities Management Services
2165.008
Temporary Use of State Building or Grounds by Television or Film Production Company
2165.009
Energy-efficient Light Bulbs in State Buildings
2165.0011
Definition
2165.0012
Authority to Adopt Rules
2165.051
Inspection of State Property
2165.052
Repair and Improvement of State Buildings
2165.053
Maintenance of Sewers and Utility Conduits
2165.054
Plans of Public Buildings
2165.056
Powers in Relation to Other Agency Property
2165.057
Management of Facilities
2165.058
Vending Machines
2165.0065
Display of Honor and Remember Flag
2165.101
Applicability of Subchapter
2165.102
Commission Standards for Space
2165.103
Child Care Facility Standards
2165.104
Space Use Study
2165.105
State Agency Request for Space
2165.106
Sharing Space
2165.107
Preferences in Assigning Space
2165.108
Rules
2165.151
Authority to Lease Public Grounds
2165.152
Lease of Building Space Not Affected
2165.153
Advertisement of Lease Proposals
2165.155
Approval by Attorney General
2165.156
Deposit of Lease Proceeds
2165.157
Forms, Rules, and Contracts
2165.158
Rejection of Bids
2165.201
Purpose of Subchapter
2165.202
Applicability
2165.203
Lease
2165.204
Lease of Space in State-owned Parking Lots and Garages
2165.205
Limitations on Amount, Location, and Use of Leased Space
2165.206
Lease of Space for Child Care Facility
2165.207
Method of Selecting Tenant
2165.208
Utilities and Custodial Services
2165.209
Subleases and Assignments
2165.210
Refusal to Lease Space or Permit an Activity
2165.211
Use of Lease Proceeds
2165.212
Vending Facilities
2165.213
Ad Valorem Taxation
2165.214
Preference in Leasing to Certain Existing Vending Facilities
2165.215
Purchase of Building Subject to Existing Leases
2165.251
Buildings Allocated to Legislative Use
2165.252
Texas Judicial Complex
2165.253
Use of Room in State Capitol Building
2165.254
State Capitol Building: Safe Place for Runaway Youth Designation
2165.255
Consent of Legislature Required for Construction on State Capitol Grounds
2165.256
State Cemetery and Other Burial Grounds
2165.258
Office Space for Department of Public Safety
2165.259
Capitol Complex
2165.260
Texas Mall Area Vendor Permit
2165.261
Property Purchases and Construction Projects by Self-directed Semi-independent Agencies
2165.301
Definitions
2165.303
Air Monitoring Related to Asbestos Abatement
2165.305
Educational Seminar on Indoor Air Quality
2165.351
Definitions
2165.352
Commission Review Guidelines and Policies
2165.353
Qualifying Project Fees
2165.354
Initial Review of Qualifying Project Proposal
2165.355
Initial Public Hearing on Qualifying Project Proposal
2165.356
Submission of Qualifying Project Contract to Contract Advisory Team
2165.357
Prohibited Employment of Commission Employee
2165.401
Purpose
2165.402
Definition
2165.403
Deferred Maintenance Fund Account
2165.404
Joint Oversight Committee on Government Facilities
2165.451
Applicability
2165.452
Temporary Secure Weapon Storage
2165.453
Self-service Weapon Lockers for Temporary Secure Storage
2165.454
Temporary Secure Weapon Storage Administered by Agency Employee
2165.455
Fees
2165.456
Unclaimed Weapons
2165.1061
Space Allocation Plans
2165.2035
Lease of Space in State-owned Parking Lots and Garages
2165.2045
Lease of Space in State-owned Parking Lots and Garages
2165.2046
Reports on Parking Programs
2165.2561
State Cemetery Committee
2165.2565
State Cemetery Preservation Trust Fund
2165.3561
Municipal Project

Accessed:
Mar. 23, 2024

§ 2165.256’s source at texas​.gov