Texas § HS.711.036 - REMOVAL OF DEDICATION
Full text of Texas The Texas Constitution § HS.711.036 — REMOVAL OF DEDICATION, with citation guidance and answers to common questions.
§ HS.711.036. REMOVAL OF DEDICATION
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. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 17, eff. Sept. 1, 1993. Amended by: Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927 ), Sec. 10, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 817 (H.B. 2430 ), Sec. 3, eff. June 10, 2019.
Frequently Asked Questions About Texas § HS.711.036
What does The Texas Constitution § HS.711.036 cover?
Section HS.711.036 ("REMOVAL OF DEDICATION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.711.036?
A common citation format is "The Texas Constitution § HS.711.036" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.711.036 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.