Sec. 711.009. AUTHORITY OF CEMETERY KEEPER  


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  • (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 popluation 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 , Sec. 5, eff. September 1, 2005.