Texas Health and Safety Code 713.012 – Abandoned Plots in Certain Cemeteries in Municipal Possession and Control
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(a) This section applies only to a cemetery for which the governing body of a municipality by official action issues the findings described by § 713.009(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.
Terms Used In Texas Health and Safety Code 713.012
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A municipality shall provide written notice of the public hearing required under Subsection (b) that satisfies the notice requirements described by § 713.009(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(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 § 711.039.