Sec. 714.001. DEPTH OF GRAVES; CRIMINAL PENALTY  


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  • (a) The body of a decedent may not be buried in a manner so that the outside top surface of the container of the body is:

    (1) less than two feet below the surface of the ground if the container is not made of an impermeable material; or

    (2) less than 1-1/2 feet below the surface of the ground if the container is made of an impermeable material.

    (b) The governing body of a political subdivision of this state may, because of subsurface soil conditions or other relevant considerations, permit, by ordinance or rule, burials in that political subdivision at a shallower depth than that required by Subsection (a).

    (c) This section does not apply to burials in a sealed surface reinforced concrete burial vault.

    (d) A person commits an offense if the person buries the body of a decedent in violation of this section or in violation of an ordinance or rule adopted under this section.

    (e) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.