Tex. Health & Safety Code Section 711.036
Removal of Dedication

(a)

A cemetery organization may petition a district court of the county in which its dedicated cemetery is located to remove the dedication with respect to all or any portion of the cemetery if:

(1)

all the remains have been removed from that portion of the cemetery where the dedication is to be removed; or

(2)

no interments were made in that portion of the cemetery where the dedication is to be removed and that portion of the cemetery is not used or necessary for interment purposes.

(b)

An owner of land adjacent to a cemetery for which a cemetery organization or other governing body does not exist may petition a district court of the county in which the cemetery is located to remove any human remains and the dedication for all or any portion of the cemetery. In addition to the notice required by Section 711.004 (Removal of Remains), notice of a petition filed under this subsection must be given to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located. The court may consult the Texas Historical Commission and the county historical commission in making a decision under this section. The court may also designate or appoint any person, party, court appointed representative, or official the court considers necessary to assist in determining whether the removal is in the public interest. Unknown next of kin of deceased persons buried in the cemetery shall be served by publication of a notice in a newspaper of general circulation in the county in which the cemetery is located, or if there is not a newspaper of general circulation in the county, in a newspaper of general circulation in an adjacent county. A reasonable good faith effort shall be made to remove all remains and monuments from the cemetery or that portion of the cemetery for which the dedication is to be removed.

(c)

The court shall order the removal of the human remains and the dedication on notice and proof satisfactory to the court that the removal is in the public interest.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 17, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 10, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 817 (H.B. 2430), Sec. 3, eff. June 10, 2019.

Source: Section 711.036 — Removal of Dedication, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­711.­htm#711.­036 (accessed Apr. 13, 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
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 711.036’s source at texas​.gov