|(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
(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).