Sec. 711.009. AUTHORITY OF CEMETERY KEEPER. (a) The superintendent, sexton, or other person in charge of a cemetery has the same powers, duties, and immunities granted by law to:
(1) a police officer in the municipality in which the cemetery is located; or
(2) a constable or sheriff of the county in which the cemetery is located if the cemetery is outside a municipality.
(b) A person who is granted authority under Subsection (a) shall maintain order and enforce the cemetery organization's rules, state law, and municipal ordinances in the cemetery over which that person has charge and as near the cemetery as necessary to protect cemetery property.
(c) This section applies only to a cemetery located in a municipality with a population of 40,000 or more or in a county with a population of 290,000 or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 8, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 5, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 10.008, eff. September 1, 2013.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 711 - General Provisions Relating to Cemeteries
Subchapter A. General Provisions
Section 711.002. Disposition of Remains; Duty to Inter
Section 711.003. Records of Interment
Section 711.004. Removal of Remains
Section 711.007. Nuisance; Abatement and Injunction
Section 711.008. Location of Cemetery
Section 711.009. Authority of Cemetery Keeper
Section 711.010. Abandoned, Unknown, or Unverified Cemetery
Section 711.0105. Method of Removal of Remains
Section 711.011. Filing Record of Unknown or Abandoned Cemetery