(a) The superintendent, sexton, or other person in charge of a cemetery has the same powers, duties, and immunities granted by law to:
(1) a police officer in the municipality in which the cemetery is located; or
(2) a constable or sheriff of the county in which the cemetery is located if the cemetery is outside a municipality.
(b) A person who is granted authority under Subsection (a) shall maintain order and enforce the cemetery organization’s rules, state law, and municipal ordinances in the cemetery over which that person has charge and as near the cemetery as necessary to protect cemetery property.

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Terms Used In Texas Health and Safety Code 711.009


(c) This section applies only to a cemetery located in a municipality with a population of 40,000 or more or in a county with a population of 290,000 or more.