(c) The cemetery organization shall file with the map or plat a written certificate or declaration of dedication of the property delineated by the map or plat, dedicating the property exclusively to cemetery purposes. The certificate or declaration must be: (1) In a form prescribed by the directors or officers of the cemetery organization; (2) Signed by the president or vice-president and the secretary of the cemetery organization, or by another person authorized by the directors; and (3) Acknowledged. (d) Filing a map or plat and a certificate or declaration under this section dedicates the property for cemetery purposes and is constructive notice of that dedication. (e) The certificate or declaration may contain a provision permitting the directors by order to resurvey and change the shape and size of the property for which the associated map or plat is filed if that change does not disturb any interred remains. Except as provided by Subsection (e-1), if a change is made, the cemetery organization shall: (1) File an amended map or plat not later than the last day of the next calendar quarter; and (2) Indicate any change in a specific unique number assigned to a plot, crypt, lawn crypt, or columbarium niche. (e-1) A cemetery organization that holds a certificate of authority to operate a perpetual care cemetery under Chapter 712 is not required to file an amended map or plat if: (1) The only change to the property is: (A) The placement of a cremains receptacle that contains not more than four niches on a plot; or (B) The alteration of an existing cremains receptacle on a plot; and (2) The cemetery organization maintains records, as required by rules adopted by the Finance Commission of Texas, that specify the location of the cremains receptacle. (f) The county clerk shall number and file the map or plat and record the certificate or declaration in the county deed records. (g) A cemetery association is civilly liable to the state in an amount not to exceed $1,000 for each map or plat that fails to comply with Subsection (a), (b), (c), or (e). Sec. 711.035. Effect of Dedication (a) Property may be dedicated for cemetery purposes, and the dedication is permitted in respect for the dead, for the disposition of remains, and in fulfillment of a duty to and for the benefit of the public. (b) Dedication of cemetery property and title to the exclusive right of sepulture of a plot owner are not affected by the dissolution of the cemetery organization, nonuse by the cemetery organization, alienation, encumbrance, or forced sale of the property. (c) Dedication of cemetery property may not be invalidated because of a violation of the law against perpetuities or the law against the suspension of the power of alienation of title to or use of property. (d) A railroad, street, road, alley, pipeline, telephone, telegraph, electric line, wind turbine, cellular telephone tower, or other public utility or thoroughfare may not be placed through, over, or across a part of a dedicated cemetery without the consent of: (1) The directors of the cemetery organization that owns or operates the cemetery; or (2) At least two-thirds of the owners of plots in the cemetery. (e) All property of a dedicated cemetery, including a road, alley, or walk in the cemetery: (1) Is exempt from public improvements assessments, fees, and public taxation; and
(8) For other purposes the directors consider necessary for the proper conduct of the cemetery organization’s business, and for the protection of the premises and the principles, plans, and ideals on which the cemetery was organized. (b) Rules adopted under this section must be plainly printed or typed and maintained for inspection in the cemetery organization’s office or another place in the cemetery prescribed by the directors. (c) The directors may prescribe a penalty for the violation of a rule adopted under this section. The cemetery organization may recover the amount of the penalty in a civil action. Sec. 711.032. Discrimination by Race, Color, or National Origin Prohibited (a) A cemetery organization may not adopt or enforce a rule that prohibits interment because of the race, color, or national origin of a decedent. (b) A provision of a contract entered into by a cemetery organization or of a certificate of ownership or other instrument of conveyance issued by a cemetery organization that prohibits interment in a cemetery because of the race, color, or national origin of a decedent is void. Sec. 711.033. Property Acquisition by Cemetery Organization; Recording Title (a) A cemetery organization may acquire by purchase, donation, or devise property consisting of land, a mausoleum, a crematory and columbarium, or other property in which remains may be interred under law. (b) A cemetery organization operating a cemetery located and operated in accordance with the distance requirements prescribed in Section 711.008 may acquire land adjacent to the cemetery for cemetery purposes. In this subsection, “adjacent” means that some part of the property to be acquired has a common boundary with the existing cemetery, or a common boundary with a public easement, a utility easement, or a railroad right-of-way, some part of which has a common boundary with the cemetery. In no event shall the closest points of the property to be acquired and the cemetery be more than 200 feet apart. (c) A cemetery organization that acquires property may record title to its property with the county clerk of the county in which the property is located if its president and secretary or other authorized officer acknowledge a declaration executed by the cemetery organization that describes the property and declares the cemetery organization’s intention to use the property or a part of the property for interment purposes. (d) Filing under Subsection (b) is constructive notice as of the date of the filing of the use of the property for interment. (e) A cemetery organization may by condemnation acquire property in which remains may be interred, and the acquisition of that property is for a public purpose. Sec. 711.034. Dedication (a) A cemetery organization that acquires property for interment purposes shall: (1) In the case of land, survey and subdivide the property into gardens or sections, with descriptive names or numbers, and make a map or plat of the property showing the plots contained within the perimeter boundary and showing a specific unique number for each plot; or (2) In the case of a mausoleum or a crematory and columbarium, make a map or plat of the property delineating sections or other divisions with descriptive names and numbers and showing a specific unique number for each crypt, lawn crypt, or niche. (b) The cemetery organization shall file the map or plat with the county clerk of each county in which the property or any part of the property is located.
Book Code: FTX1624
Page 59
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