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RULE §22.6Historic Texas Cemeteries

(a) Any cemetery that is deemed worthy of recognition and preservation for its historic associations is eligible for designation as a Historic Texas Cemetery. The purpose of this designation is to alert the present and future owners of land adjacent to the cemetery of the existence of the cemetery. Such cemeteries are eligible for this status if established at least 50 years before the date of application. The History Programs Committee may waive the age requirement for cemeteries that are deemed to be exceptionally significant. Designation as a Historic Texas Cemetery does not restrict in any way the private owner's use of the land outside the cemetery boundaries.

(b) Any individual, organization, or agency may submit an application for designation. The Commission shall notify the owner of the property containing a cemetery, or adjacent landowners having common boundaries with the cemetery, about the proposed designation.

(c) Applications for Historic Texas Cemetery designation are available at the Commission or on the Commission's website. Completed applications, along with the processing fee of $25 (twenty-five dollars), shall be sent to the Commission for processing and review. County Historical Commissions will be notified of applications submitted for cemeteries in their county and will be provided a copy of the application materials. The Commission may request further documentation if necessary. The burden of proof of the existence of the cemetery is on the applicant. If the application is accepted for designation, the applicant will be sent a Declaration of Dedication to be filed with the appropriate county clerk's office. Applications rejected because of ineligibility may be reviewed by the History Programs Committee upon the request of the applicant. The cemetery will be officially recognized as a Historic Texas Cemetery when the applicant forwards a copy of the recorded Declaration of Dedication and exhibits which include the filing date and recording data.

(d) Designation as a Historic Texas Cemetery must be based on complete documentation of the cemetery's eligibility as outlined in the application form available from the Commission. Examples of documentation that may be requested include deed and title, plot records, archival documents, photographs, oral histories, and archeological data.

(e) The Historic Texas Cemetery designation may be removed only by action of the Commission or by an order of the court of proper jurisdiction removing the dedication or permitting the removal of the cemetery and the return of the land to other purposes. A transfer of ownership does not result in a removal of the dedication.

(f) A Historic Texas Cemetery may be further recognized with an Official Historic Texas Cemetery Marker, available for purchase through the Commission. The marker shall be placed in accordance with §21.7 of this title (relating to Application Requirements) and §21.9 of this title (relating to Application Evaluation Procedures).

Source Note: The provisions of this §22.6 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective September 11, 2013, 38 TexReg 5876

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