Sec. 713.028. COUNTY CARE OF CEMETERY OLDER THAN 50 YEARS. (a) For purposes of historical preservation or public health, safety, or welfare, a commissioners court may use public funds, county employees, county inmate labor as provided by Article 43.10, Code of Criminal Procedure, and county equipment to maintain a cemetery that is at least 50 years old.
(b) This section does not apply to a perpetual care cemetery or a cemetery maintained by a religious or fraternal organization.
(c) At the discretion of the commissioners court, a county may permit the use of public funds, county employees, county inmate labor as provided by Article 43.10, Code of Criminal Procedure, and county equipment to open and close graves in a cemetery described by Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1168, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 853 (S.B. 951), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1187 (H.B. 129), Sec. 2, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 492 (H.B. 4179), Sec. 2, eff. June 7, 2019.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 713 - Local Regulation of Cemeteries
Subchapter B. County Regulation of Cemeteries
Section 713.021. County Trust for Cemetery
Section 713.022. Gifts for Maintenance of Cemetery
Section 713.024. Appointment of Successor Trustee
Section 713.025. Private Care of Graves
Section 713.026. Use of Public Funds and Property Prohibited; Exceptions
Section 713.027. Cemetery Owned by County of 8,200 or Less
Section 713.0271. Cemetery Owned by Certain Counties
Section 713.028. County Care of Cemetery Older Than 50 Years
Section 713.029. County Authority to Purchase Burial Grounds for Veterans