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The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. (1)"Abandoned cemetery" means a non-perpetual care cemetery containing one or more graves and possessing cemetery elements for which no cemetery organization exists and which is not otherwise maintained by any caretakers. It may or may not be recorded in deed records of the county in which it lies. (2)"Atlas" means the Texas Historic Sites Atlas which is a cultural resource database that is maintained by the Commission and contains both restricted and non-restricted data on cemeteries and other historic properties. (3)"Commission" means the Texas Historical Commission. (4)"Department" means the Texas Department of State Health Services. (5)"Family cemetery" means a cemetery containing members of a single family or kinship group, usually located on land belonging to the family or occupied by the family when established. (6)"Grave" means a space of ground that contains interred human remains or is in a burial park and this is used or intended to be used for interment of human remains in the ground. (7)"Grave goods" means physical objects associated with a burial, such as a casket, whether whole or deteriorated into pieces, personal effects, ceremonial objects, and any other objects interred with human remains. (8)"Identified grave" means a grave that is marked with name of the individual interred in the grave or for which there is other evidence of the name of the individual interred in the grave. (9)"Marked grave" means a grave that has some physical object or objects identifying it as a grave, including a headstone, wooden or metal marker, arrangement of field stones, plantings, or other such indicia, whether or not the individual in the grave is identified. (10)"Professional archeologist" means an individual who has a degree in anthropology, archeology or a closely related field if that degree also included formal training in archeological field methods, research, and site interpretation, conducts archeological investigations as a vocation, and whose primary source of income is from archeological work. (11)"State Registrar" means the State Registrar for graves and cemeteries of the Texas Department of State Health Services. (12)"Unknown cemetery" means a non-perpetual care cemetery containing one or more graves that is neither marked by obvious cemetery elements, recorded in the deed records of the county in which it lies, nor within the knowledge of living individuals. (13)"Unmarked grave" means a grave that is not identifiable as a grave from the surface of the ground, due to lack of physical markings, cemetery elements or other indicia of the presence of a grave.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on February 19, 2010
TRD-201000797 Mark
Wolfe
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 4, 2010
For further information, please call: (512) 463-8817
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