(b) A certificate of ownership or other instrument evidencing the conveyance of the exclusive right of sepulture by a cemetery organization must be signed by the president or vice-president and the secretary or other officers authorized by the cemetery organization. (c) A conveyance of the exclusive right of sepulture must be filed and recorded in the cemetery organization’s office. (d) A plot or a part of a plot that is conveyed as a separate plot by a certificate of ownership or other instrument may not be divided without the consent of the cemetery organization. (e) A person is not required to be licensed or registered to sell a plot in a dedicated cemetery. (f) A cemetery organization may not resell the exclusive right of sepulture in a plot unless the exclusive right of sepulture has been reacquired by the cemetery organization. A sanction or other penalty may not be imposed on a cemetery organization that violates this subsection unless: (1) The state agency authorized to enforce this section provides the cemetery organization written notice of the violation; and (2) The cemetery organization does not correct the violation before the 91st day after the date on which the cemetery organization received the notice. Sec. 711.0381. Sale or Resale of Plots by Certain Persons (a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(7), eff. September 1, 2019. (b) Resale of the exclusive right of sepulture in a plot is subject to the rules of the cemetery organization and any restrictions in the certificate of ownership, quitclaim agreement, or other instrument of conveyance. A quitclaim agreement or other instrument evidencing the conveyance of the exclusive right of sepulture must be: (1) In a form authorized by or otherwise acceptable to the cemetery organization, subject to Subsection (c); (2) Signed by: (A) The grantee named in the certificate of ownership or other instrument of conveyance as filed and recorded in the cemetery organization’s office in accordance with Section 711.038 or 711.039(g)(2), as the seller or transferor; (B) The designated purchaser or transferee; and (C) Each cemetery broker or other agent assisting in the transfer of the interment rights; and (3) Filed and recorded with the cemetery organization not later than the third business day after the date of the sale. (c) On request of a person acting as a cemetery broker, a cemetery organization shall provide its rules, conveyance forms, and written guidelines and procedures for brokered sales, if any. (d) The resale of the exclusive right of sepulture in a group of interment rights that were conveyed collectively may not be divided without the consent of the cemetery organization. (e) A person acting as a cemetery broker that sells or resells the right of sepulture in a plot shall collect and remit to the cemetery organization: (1) All fees required by law; and (2) Any other fee required by the rules of the cemetery organization, subject to Subsection (f). (f) A fee required by a rule of the cemetery organization for the sale or resale of the right of sepulture in a plot under this section may not exceed the fee charged by the cemetery organization on the sale of the right of sepulture in a plot under Section 711.038. (g) A person acting as a cemetery broker must keep a record of each sale or resale under this section. The record must include: (1) The name and address of the purchaser; (2) The date of the purchase; (3) A copy of the purchase agreement, with the name and address of the cemetery;
(2) May not be sold on execution or applied in payment of debts due from individual owners and plots. (f) Dedicated cemetery property shall be used exclusively for cemetery purposes until the dedication is removed by court order or until the maintenance of the cemetery is enjoined or abated as a nuisance under Section 711.007. (g) Property is considered to be dedicated cemetery property if: (1) One or more human burials are present on the property; or (2) A dedication of the property for cemetery use is recorded in the deed records of the county where the land is located. Sec. 711.036. Removal of Dedication (a) A cemetery organization may petition a district court of the county in which its dedicated cemetery is located to remove the dedication with respect to all or any portion of the cemetery if: (1) All the remains have been removed from that portion of the cemetery where the dedication is to be removed; or (2) No interments were made in that portion of the cemetery where the dedication is to be removed and that portion of the cemetery is not used or necessary for interment purposes. (b) An owner of land adjacent to a cemetery for which a cemetery organization or other governing body does not exist may petition a district court of the county in which the cemetery is located to remove any human remains and the dedication for all or any portion of the cemetery. In addition to the notice required by Section 711.004, notice of a petition filed under this subsection must be given to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located. The court may consult the Texas Historical Commission and the county historical commission in making a decision under this section. The court may also designate or appoint any person, party, court appointed representative, or official the court considers necessary to assist in determining whether the removal is in the public interest. Unknown next of kin of deceased persons buried in the cemetery shall be served by publication of a notice in a newspaper of general circulation in the county in which the cemetery is located, or if there is not a newspaper of general circulation in the county, in a newspaper of general circulation in an adjacent county. A reasonable good faith effort shall be made to remove all remains and monuments from the cemetery or that portion of the cemetery for which the dedication is to be removed. (c) The court shall order the removal of the human remains and the dedication on notice and proof satisfactory to the court that the removal is in the public interest. indebtedness as required to conduct its business and may secure the indebtedness by mortgage, deed of trust, or other lien against its property. (b) A mortgage, deed of trust, or other lien placed on dedicated cemetery property, or on cemetery property that is later dedicated with the consent of the holder of the lien, does not affect the dedication and is subject to the dedication. A sale on foreclosure of the lien is subject to the dedication of the property for cemetery purposes. Sec. 711.038. Sale of Plots by Cemetery Organizations (a) A cemetery organization may sell and convey the exclusive right of sepulture in a plot: (1) After a map or plat and a certificate or declaration of dedication are filed as provided by Section 711.034; (2) Subject to the rules of the cemetery organization and the restrictions in the certificate of ownership or other instrument of conveyance; and (3) After payment in full of the purchase price of the plot. Sec. 711.037. Lien Against Cemetery Property (a) A cemetery organization by contract may incur
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Book Code: FTX1624
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