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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 8. DEATH AND DISPOSITION OF THE BODY |
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Subtitle C. CEMETERIES AND CREMATORIES |
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Chapter 713. LOCAL REGULATION OF CEMETERIES |
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Subchapter A. MUNICIPAL REGULATION OF CEMETERIES |
Sec. 713.003. LOCAL AUTHORITY TO RECEIVE GIFTS; DEPOSITS FOR CARE; CERTIFICATES
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(a) A municipality that is a trustee for the perpetual maintenance of a cemetery may adopt reasonable rules to receive a gift or grant from any source and to determine the amount necessary for permanent maintenance of a grave or burial lot, including a family lot.
(b) A municipality that is a trustee for any person shall accept the amount the municipality requires for permanent maintenance of a grave or burial lot on behalf of that person or a decedent.
(c) The municipality's acceptance of the deposit is a perpetual trust for the designated grave or burial lot.
(d) On acceptance of the deposit, the municipality's secretary, clerk, or mayor shall issue a certificate in the name of the municipality to the trustee or depositor. The certificate must state:
(1) the depositor's name;
(2) the amount and purpose of the deposit;
(3) the location, as specifically as possible, of the grave, lot, or burial place to be maintained; and
(4) other information required by the municipality.
(e) An individual, association, foundation, or corporation that is interested in the maintenance of a neglected cemetery in a municipality's possession and control may donate funds to the perpetual trust fund to beautify and maintain the entire cemetery or burial grounds generally.