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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)"Antiquities Permit" means a permit issued by the Texas Historical Commission under the jurisdiction of the Antiquities Code of Texas, Natural Resources Code ch. 191. (3)"Atlas" means the Texas Historic Sites Atlas which is a cultural resource database that is maintained by the Commission and contains historic properties. (4)"Commission" means the Texas Historical Commission. (5)"Declaration of Dedication" means a notarized statement submitted to the appropriate county clerk's office, in which the state verifies and acknowledges that the named cemetery contains human burials at least 50 years old. (6)"Department" means the Texas Department of State Health Services. (7)"Disinterment Permit" means a permit issued by the State Registrar that authorizes the exhumation of human remains from a grave location. (8)"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. (9)"Funerary objects" 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. (10)"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. (11)"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. (12)"Interment" means the permanent disposition of human remains by entombment, burial, or placement in a niche, but does not include the location of displaced or disarticulated human remains. (13)"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. (14)"Physical anthropologist" means an individual who has a graduate degree in anthropology or archaeology with a concentration of study in the assessment of human skeletal remains. This person must be qualified to obtain measurements of the skeleton and obtain a biological profile, including sex, age, ancestry, stature, and anomalous pathological and traumatic conditions. (15)"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, and who conducts archeological investigations as a vocation. (16)"State Registrar" means the State Registrar for graves and cemeteries of the Texas Department of State Health Services. (17)"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. (18)"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 indication of the presence of a grave.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on April 30, 2010
TRD-201002152 Mark S. Wolfe
Executive Director
Texas Historical
Commission
Effective date: May 20, 2010
Proposal publication date: March 5, 2010
For further information, please call: (512) 463-2192
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