Tex. Health & Safety Code Section 713.012
Abandoned Plots in Certain Cemeteries in Municipal Possession and Control


(a)

This section applies only to a cemetery for which the governing body of a municipality by official action issues the findings described by Section 713.009 (Local Possession and Control of Unkept or Abandoned Cemetery)(f-1).

(b)

After notice provided in accordance with Subsection (c) and a public hearing, the governing body of a municipality may by official action declare a plot in a cemetery subject to this section as presumed abandoned if:

(1)

the municipality does not have any record of ownership or sale of the plot;

(2)

the plot has not been used for interment; and

(3)

the plot is not within a family enclosure or area of plots of related persons.

(c)

A municipality shall provide written notice of the public hearing required under Subsection (b) that satisfies the notice requirements described by Section 713.009 (Local Possession and Control of Unkept or Abandoned Cemetery)(f-2).

(d)

The municipality may combine the notice and hearing required under this section with the notice and hearing required under Sections 713.009 (Local Possession and Control of Unkept or Abandoned Cemetery)(f-1) and (f-2).

(e)

A municipality has the exclusive right of sepulture in an abandoned plot in a cemetery subject to this section and may convey that right in the plot.

(f)

A person may rebut the presumption of abandonment by submitting to the municipality a deed, certificate of ownership, bill of sale, receipt, instrument of conveyance, or other evidence of ownership under which the person may claim the exclusive right of sepulture in the plot in accordance with Section 711.039 (Rights of Interment in Plot).
Added by Acts 2023, 88th Leg., R.S., Ch. 136 (H.B. 2371), Sec. 2, eff. September 1, 2023.

Source: Section 713.012 — Abandoned Plots in Certain Cemeteries in Municipal Possession and Control, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­713.­htm#713.­012 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 713.012’s source at texas​.gov