The Texas Historical Commission (Commission) proposes amendments to §§22.1 - 22.5, concerning cemeteries. These amendments clarify the Commission’s role in evaluating unverified cemeteries.

The proposed amendment to §22.1 adds definitions for "burials" and "burial pits," "cemetery," "historic cemetery," "human remains," "interment," "nonperpetual care cemetery," "perpetual care" and "endowment care," "perpetual care cemetery" and "endowment care cemetery," "unidentified grave," "unverified cemetery," and "verified cemetery." It revises the definition of "cemetery" and eliminates the definitions of "state registrar" and "unmarked grave."

The proposed amendment to §22.2 includes "unverified" cemeteries as under the Commission’s authority.

The proposed amendment to §22.3 includes "unverified" graves along with marked and unmarked graves among the items that will help the Commission determine whether to request the Attorney General of Texas to intervene on the Commission’s behalf in legal action in regards to abating a cemetery as a nuisance.

The proposed amendment to §22.4 includes "unverified" cemeteries along with discussion of unknown and abandoned cemeteries. It provides procedure in discovery of unverified cemeteries and clarifies procedure for discovery of unknown or abandoned cemeteries.

Section 711.10 of the Health and Safety Code includes wording regarding the removal of remains from an abandoned or unknown cemetery. The proposed amendment to §22.5 includes new wording to reflect those changes to the Health and Safety Code, and also removes language that does not apply to abandoned, unknown, or unverified cemeteries.

In this issue of the Texas Register, the Commission concurrently proposes amendments to the rules in Chapter 22 pursuant to Texas Government Code §2001.039.

Mark Wolfe, Executive Director, has determined that for the first five-year period the amended rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these rules.

Mr. Wolfe has also determined that for the first five-year period the amended rules are in effect, the public benefit will be the preservation of and education about state historic resources.

Mr. Wolfe has also determined that there will be minimal impact on small or micro-businesses as a result of implementing these rules and there are minimal anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Mark Wolfe, Executive Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711. Comments will be accepted for 30 days after publication in the Texas Register.

The amendments are proposed under §442.005(q) of the Texas Government Code which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code relating to the commission’s authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

No other statutes, articles, or codes are affected by these amendments.