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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 2ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
SUBCHAPTER HMEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION
RULE §2.263Exhumation

(a) Exhumation is a form of investigation to resolve the adverse effects of a project on a cemetery.

(b) Exhumation efforts may be staged as a separate phase of work from burial identification. Following procedures set forth in Health and Safety Code, Chapter 711, exhumation may begin once any required notifications of next of kin or other procedures required by Health and Safety Code, Chapter 711 have been conducted.

(c) The following tasks represent a sufficient, reasonable and good faith effort to identify remains and any next of kin associated with burials in unknown or abandoned cemeteries:

  (1) making inquiries through the local County Historical Commission;

  (2) posting notices with local news outlets; and

  (3) posting notices with local churches.

(d) An exhumation project is itself not a type of investigation that requires an outreach effort or curation of materials at a state-certified facility.


Source Note: The provisions of this §2.263 adopted to be effective August 15, 2018, 43 TexReg 5237

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