(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).

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Terms Used In Texas Health and Safety Code 714.001

  • Decedent: A deceased person.
  • 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
  • Rule: includes regulation. See Texas Government Code 311.005

(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.