Tex. Health & Safety Code Section 711.034
Dedication


(a)

A cemetery organization that acquires property for interment purposes shall:

(1)

in the case of land, survey and subdivide the property into gardens or sections, with descriptive names or numbers, and make a map or plat of the property showing the plots contained within the perimeter boundary and showing a specific unique number for each plot; or

(2)

in the case of a mausoleum or a crematory and columbarium, make a map or plat of the property delineating sections or other divisions with descriptive names and numbers and showing a specific unique number for each crypt, lawn crypt, or niche.

(b)

The cemetery organization shall file the map or plat with the county clerk of each county in which the property or any part of the property is located.

(c)

The cemetery organization shall file with the map or plat a written certificate or declaration of dedication of the property delineated by the map or plat, dedicating the property exclusively to cemetery purposes. The certificate or declaration must be:

(1)

in a form prescribed by the directors or officers of the cemetery organization;

(2)

signed by the president or vice-president and the secretary of the cemetery organization, or by another person authorized by the directors; and

(3)

acknowledged.

(d)

Filing a map or plat and a certificate or declaration under this section dedicates the property for cemetery purposes and is constructive notice of that dedication.

(e)

The certificate or declaration may contain a provision permitting the directors by order to resurvey and change the shape and size of the property for which the associated map or plat is filed if that change does not disturb any interred remains. Except as provided by Subsection (e-1), if a change is made, the cemetery organization shall:

(1)

file an amended map or plat not later than the last day of the next calendar quarter; and

(2)

indicate any change in a specific unique number assigned to a plot, crypt, lawn crypt, or columbarium niche.

(e-1)

A cemetery organization that holds a certificate of authority to operate a perpetual care cemetery under Chapter 712 (Perpetual Care Cemeteries) is not required to file an amended map or plat if:

(1)

the only change to the property is:

(A)

the placement of a cremains receptacle that contains not more than four niches on a plot; or

(B)

the alteration of an existing cremains receptacle on a plot; and

(2)

the cemetery organization maintains records, as required by rules adopted by the Finance Commission of Texas, that specify the location of the cremains receptacle.

(f)

The county clerk shall number and file the map or plat and record the certificate or declaration in the county deed records.

(g)

A cemetery association is civilly liable to the state in an amount not to exceed $1,000 for each map or plat that fails to comply with Subsection (a), (b), (c), or (e).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 15, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 502, Sec. 1, eff. Oct. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 123 (S.B. 661), Sec. 4, eff. September 1, 2013.

Source: Section 711.034 — Dedication, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­711.­htm#711.­034 (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

§ 711.034’s source at texas​.gov