| (4) Discovery of Unverified Cemeteries. Section 711.0111
of the Health and Safety Code of Texas requires that any person that
discovers an unverified cemetery shall file a notice and evidence
of the discovery with the commission on a form provided by the commission.
Section 711.0111 also requires that any person that discovers an unverified
cemetery shall concurrently provide a notice of the filing with the
landowner on record in the county appraisal district on whose land
the unverified cemetery is located. The commission shall evaluate
the notice and evidence submitted with the notice, and consider the
response of the landowner, if any is received not later than the 30th
day after notice, and shall determine whether there is enough evidence
to support the claim of the existence of a cemetery. If the commission
determines that sufficient evidence supports a determination the commission
shall notify the landowner and may file notice of the existence of
the cemetery under §711.011 of the Health and Safety Code. If
a notice of existence has already been filed under §711.011 and
the commission has determined that there is not sufficient evidence
of a cemetery the commission will file an amendment with the county
clerk to remove the dedication.
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