Tex. Health & Safety Code Section 711.033
Property Acquisition by Cemetery Organization; Recording Title


(a)

A cemetery organization may acquire by purchase, donation, or devise property consisting of land, a mausoleum, a crematory and columbarium, or other property in which remains may be interred under law.

(b)

A cemetery organization operating a cemetery located and operated in accordance with the distance requirements prescribed in Section 711.008 (Location of Cemetery) may acquire land adjacent to the cemetery for cemetery purposes. In this subsection, “adjacent” means that some part of the property to be acquired has a common boundary with the existing cemetery, or a common boundary with a public easement, a utility easement, or a railroad right-of-way, some part of which has a common boundary with the cemetery. In no event shall the closest points of the property to be acquired and the cemetery be more than 200 feet apart.

(c)

A cemetery organization that acquires property may record title to its property with the county clerk of the county in which the property is located if its president and secretary or other authorized officer acknowledge a declaration executed by the cemetery organization that describes the property and declares the cemetery organization’s intention to use the property or a part of the property for interment purposes.

(d)

Filing under Subsection (b) is constructive notice as of the date of the filing of the use of the property for interment.

(e)

A cemetery organization may by condemnation acquire property in which remains may be interred, and the acquisition of that property is for a public purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 14, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 200, Sec. 2, eff. May 21, 2001.

Source: Section 711.033 — Property Acquisition by Cemetery Organization; Recording Title, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­711.­htm#711.­033 (accessed Mar. 23, 2024).

711.001
Definitions
711.002
Disposition of Remains
711.003
Records of Interment
711.004
Removal of Remains
711.007
Nuisance
711.008
Location of Cemetery
711.009
Authority of Cemetery Keeper
711.010
Abandoned, Unknown, or Unverified Cemetery
711.011
Filing Record of Unknown or Abandoned Cemetery
711.012
Rules
711.021
Formation of Corporation to Maintain and Operate Cemetery
711.022
Formation of Nonprofit Cemetery Corporation by Plot Owners
711.023
Rights of Plot Owners in Cemetery Operated by Nonprofit Cemetery Corporation
711.024
Authority of Nonprofit Cemetery Corporation
711.031
Rules
711.032
Discrimination by Race, Color, or National Origin Prohibited
711.033
Property Acquisition by Cemetery Organization
711.034
Dedication
711.035
Effect of Dedication
711.036
Removal of Dedication
711.037
Lien Against Cemetery Property
711.038
Sale of Plots by Cemetery Organizations
711.039
Rights of Interment in Plot
711.040
Multiple Owners of Plot
711.041
Access to Cemetery
711.042
Authority of Nonprofit Cemetery Organization
711.051
Enforcement by Attorney General
711.052
Criminal Penalties
711.053
Definition
711.054
Enforcement by Finance Commission of Texas
711.055
Enforcement by Commissioner
711.056
Pattern of Wilful Disregard
711.057
Emergency Order
711.058
Restitution
711.059
Seizure of Accounts and Records
711.061
Requirements for Lawn Crypts
711.063
Construction
711.064
Contract Disclosures
711.081
Definitions
711.082
Administration
711.083
Records
711.084
Examination Fee
711.0105
Method of Removal of Remains
711.0111
Notice of Unverified Cemetery
711.0381
Sale or Resale of Plots by Certain Persons
711.0395
Multiple Interments in Same Plot
711.0515
Enforcement by Attorney General
711.0521
Access to Cemeteries

Accessed:
Mar. 23, 2024

§ 711.033’s source at texas​.gov