Source for recommendation: Nolo.com. Sept. 1, 1991; Acts 1999, 76th Leg., ch. If you need to meet in person, follow everyday preventive actions to protect yourself and others from COVID-19, such as wearing a mask , social distancing , washing your hands often, and covering coughs and sneezes. (b) The sale of the right of burial is exempt from the requirements of Sections 263.001-263.006, Local Government Code. Notification must be made in order to protect these irreplaceable cultural resources. It is legally required to hire a Funeral Director to handle certain parts of the funeral. DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES. Embalming is not required by Texas law. Sept. 1, 1989. 1, eff. Instead she can exercise her wish to be wrapped in biodegradable material. In the main, local ordinances or deed restrictions prohibit private burials within city limits. 530), Sec. The Texas Funeral Directors Association (https://www.tfda.com/covid-19) and the National Funeral … 404 (H.B. The NAGPRA office regularly receives phone inquiries regarding the accidental and purposeful, licit and illicit, discovery, excavation, removal or collection of Native American human remains on state-owned or privately-owned lands. Sept. 1, 1989. Acts 2009, 81st Leg., R.S., Ch. Sec. Acts 1989, 71st Leg., ch. Section 42.08 of the Penal Code, Abuse of Corpse, allows that a person commits an offense if they knowingly vandalize or damage the space of the interred. The THC has no formal role in decisions about the methods or ceremonies associated with reburials. 678, Sec. 1 (S.B. Burial. If for any reason, you have a concern about funeral laws in Texas or a funeral home, you can contact them directly. Sec. State laws exist to protect cemeteries from vandalism, theft, and desecration. (d) If any cash remains after the county has paid the costs of disposing of the body under Subsection (c), the county shall place the cash in trust. Texas Attorney General Ken Paxton said in a press release Wednesday that his office would continue to fight to uphold the fetal burial provision of SB 8. Cemeteries can be regulated under state, municipal, and county regulations. This is a Class A … All exhumations of graves shall comply with the requirements of Chapter 711 of the Texas Health and Safety Code and those of any other laws that pertain to the exhumation of human remains. This page explores various aspects of cemetery law in Texas. Most of the Texas laws regarding historic cemeteries are in Chapters 711–715 of the Texas Health and Safety Code; Title 13, Part 2, Chapter 22 of the Texas Administrative Code; and sections of the Penal Code. Texas law requires all bodies held for over 24 hours or in transit be embalmed, refrigerated, or encased in a leak and odor proof container. 678, Sec. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow. (c) If a county discovers cash in the possession of a deceased pauper, a county may use the cash to pay the actual costs incurred by the county in disposing of the pauper's body. The governing body of a Type A general-law municipality may regulate the burial of the dead. POWER OF GOVERNING BODY OF TYPE A GENERAL-LAW MUNICIPALITY CONCERNING BURIAL. DUTY OF COMMISSIONERS COURT CONCERNING DISPOSITION OF BODY OF DECEASED PAUPERS. Sec. If money placed in a trust under Subsection (d) is not claimed by the first anniversary of the date of disposition of the pauper's body, the county may transfer the money to the fund created under this subsection. There are various ways of designating burial preferences. Texas Funeral Service Commission. (b) The commissioners court shall consider any information, including the religious affiliation of the deceased pauper, provided by a person listed in Section 711.002(a). However, you should check with the cemetery; it may have rules requiring a certain type of container. when death is imminent or already has occurred. Austin, TX 78745. Acts 2015, 84th Leg., R.S., Ch. The governing body of a Type A general-law municipality may regulate the burial of the dead. 512-817-0782. 1, eff. A person having a claim to the money in trust must exercise the right to collect the money not later than the first anniversary of the date of disposition of the pauper's body. The cost can range from about $500 to $20,000 or more. Most common carriers will require a body to be embalmed prior to shipping. Consult the county or city attorney or legal counsel of your choice for more information about laws related to cemeteries in Texas. (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. It is also advised to contact your local county/city government to see if they have any rules or regulations regarding the property. Someone who pays expenses for the burial of an employee may be able to get burial benefits if the employee died because of a work-related injury. Please contact the same Cemetery representative before scheduling a reception at Cemetery facilities. (4) "Burial" means interment of a dead animal below the natural surface of the ground. TFSC … June 19, 2009. In the event of a death, please contact your funeral home first. June 19, 2009. 3.1506, eff. Mailing Address: P.O. The following pages provide an overview of state laws and court decisions regarding historic cemeteries, including legal actions that have been successful in preserving burial grounds around the state. 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