Tex. Health & Safety Code Section 713.013
Appeal of Finding of Abandonment


Not later than the 10th day after the date the governing body of a municipality declares a plot abandoned under Section 713.012 (Abandoned Plots in Certain Cemeteries in Municipal Possession and Control), a person aggrieved by the declaration or a taxpayer residing in the municipality may file with a district court, county court, or county court at law of the county in which the cemetery is located a verified petition that states the decision is wholly or partly illegal and the grounds of the illegality.


On the filing of the petition, the court may grant a writ of certiorari directed to the governing body to review the governing body’s decision. The writ must require the governing body’s return to be made and served on the petitioner not later than the 10th day after the date the writ is issued, unless otherwise extended by the court. Granting of the writ does not stay the proceedings on appeal, but on application and after notice to the governing body, the court may grant a restraining order.


The governing body’s return must be verified and concisely state any pertinent facts that show the grounds of the decision under appeal. The governing body is not required to return the original documents on which the governing body acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.


If a court determines at the hearing that testimony is necessary for proper disposition of the matter, the court may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee’s findings of fact and conclusions of law. The referee’s report constitutes a part of the proceedings on which the court makes a decision.


The court may wholly or partly reverse or affirm or modify the appealed decision. The court may not assess costs against the governing body unless the court determines that the governing body acted with gross negligence, bad faith, or malice in making the decision.
Added by Acts 2023, 88th Leg., R.S., Ch. 136 (H.B. 2371), Sec. 2, eff. September 1, 2023.

Source: Section 713.013 — Appeal of Finding of Abandonment, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­713.­htm#713.­013 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 713.013’s source at texas​.gov