Tex. Health & Safety Code Section 713.026
Use of Public Funds and Property Prohibited; Exceptions


(a)

Except as provided by Sections 713.027, 713.0271 (Cemetery Owned by Certain Counties), and 713.028, a trustee of a fund established under this subchapter or a member of the commissioners court or any other elected county officer may not pay or use public funds or county employees, equipment, or property to maintain a neglected or unkept public or private cemetery.

(b)

Subsection (a) does not apply to a county if:

(1)

the county owned the cemetery from September 1, 1976, through January 1, 1979; or

(2)

the county used county funds, employees, equipment, or property to maintain a county-owned cemetery during 1976.

(c)

A county described by Subsection (b)(1) or (2) may continue to own the cemetery or to provide maintenance for the cemetery that qualified the county for the exception if the county files with the secretary of state a certified copy of a commissioners court order certifying that the county qualifies to own or maintain a cemetery under this section. The order must be kept in a register entitled “County-Owned and -Operated Cemeteries.”
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 492 (H.B. 4179), Sec. 3, eff. June 7, 2019.
Sec. 713.027. CEMETERY OWNED BY COUNTY OF 8,200 OR LESS. (a) A county with a population of 8,200 or less may own, operate, and maintain a cemetery and sell the right of burial in the cemetery.

(b)

The sale of the right of burial is exempt from the requirements of Sections 263.001-263.006, Local Government Code.

(c)

Revenue received from the sale of the right of burial may be used to purchase additional land for cemetery purposes and for maintenance of county cemetery property.

(d)

The commissioners court of the county may spend money in the general fund to maintain a public cemetery in the county and may dedicate not more than one-eighth of the maximum allowable tax levy for that purpose.

(e)

The commissioners court of the county serves as the county cemetery board and shall manage cemetery property.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Source: Section 713.026 — Use of Public Funds and Property Prohibited; Exceptions, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­713.­htm#713.­026 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 713.026’s source at texas​.gov