Tex. Health & Safety Code Section 714.001
Depth of Graves; Criminal Penalty

(a)

The body of a decedent may not be buried in a manner so that the outside top surface of the container of the body is:

(1)

less than two feet below the surface of the ground if the container is not made of an impermeable material; or

(2)

less than 1-1/2 feet below the surface of the ground if the container is made of an impermeable material.

(b)

The governing body of a political subdivision of this state may, because of subsurface soil conditions or other relevant considerations, permit, by ordinance or rule, burials in that political subdivision at a shallower depth than that required by Subsection (a).

(c)

This section does not apply to burials in a sealed surface reinforced concrete burial vault.

(d)

A person commits an offense if the person buries the body of a decedent in violation of this section or in violation of an ordinance or rule adopted under this section.

(e)

An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Source: Section 714.001 — Depth of Graves; Criminal Penalty, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­714.­htm#714.­001 (accessed May 26, 2025).

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