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RULE §22.3Abatement of Cemetery as Nuisance

(a) If the Commission receives notice of legal action under Health and Safety Code §711.007 to abate a cemetery as a nuisance, the Commission will commence an investigation to determine whether it should request the Attorney General of Texas to intervene on the Commission's behalf in the legal action.

(b) In its investigation, the Commission will attempt to determine:

  (1) whether the cemetery contains marked, unmarked, and/or unverified graves that are more than 50 years old;

  (2) whether the cemetery has historical significance to the local area or the State;

  (3) whether repair and restoration of the cemetery is physically possible;

  (4) whether the cost of repair and restoration of the cemetery is unreasonable;

  (5) whether there is a cemetery organization or other party financially responsible for the repair and restoration of the cemetery;

  (6) whether the cemetery is used or maintained in violation of Health and Safety Code Chapter 711 or 712;

  (7) whether the cemetery is neglected so that it is offensive to the inhabitants of the surrounding section; and

  (8) the impact to affected parties of the removal of the graves to a perpetual care cemetery and abatement of the cemetery.

(c) The Commission may present the results of its investigation to the Court whether or not it intervenes in the lawsuit.

(d) All repairs and restoration in a non-perpetual care cemetery should comply with the Standards for Preservation of Historic Cemeteries, Texas Historical Commission.

(e) The extent allowed by the rules of the perpetual care cemetery to which the remains are moved, the original relationship of the various elements of the cemetery, such as monuments and fencing, should be retained and reinstalled in the perpetual care cemetery.

Source Note: The provisions of this §22.3 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective January 2, 2018, 42 TexReg 7685

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