Tex. Health & Safety Code Section 711.042
Authority of Nonprofit Cemetery Organization

A nonprofit cemetery organization organized by plot owners may:

(1)

divide cemetery property into lots and subdivisions for cemetery purposes;

(2)

charge assessments on the property for the purposes of general improvement and maintenance; and

(3)

take any action, to the same extent and for the same purposes as a for-profit cemetery corporation, that is necessary to carry out the organization’s business purposes, which include the business purposes necessarily incident to the burial and disposal of human remains, including any action necessary to:

(A)

convey property or other assets of the organization;

(B)

borrow money;

(C)

pledge or mortgage the property or other assets of the organization to secure the organization’s indebtedness or other obligations;

(D)

lend money and take security for the loan in furtherance of its business purposes; and

(E)

conduct any business activity or business directly or by or through one or more subsidiaries.
Added by Acts 1999, 76th Leg., ch. 703, Sec. 2, eff. June 18, 1999.

Source: Section 711.042 — Authority of Nonprofit Cemetery Organization, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­711.­htm#711.­042 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 711.042’s source at texas​.gov