DEFINITIONS IN
CEMETERY LAW IN TEXAS
by Donald Ray Burger
Attorney at Law

burial park: A tract of land that is used or intended to be used for interment in graves. Health & Safety Code 711.001(1).

cemetery: A place that is used or intended to be used for interment, and includes a graveyard, burial park or mausoleum. Health & Safety Code 711.001(2).

cemetery keeper: The superintendent, sexton, or other person in charge of a cemetery. The cemetery keeper is charged with maintaining order and enforcing 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. Health & Safety Code 711.009.

columbarium: A durable, fireproof structure, or a room or other space in a durable, fireproof structure, containing niches and used or intended to be used to contain cremated remains. Health & Safety Code 711.001(5).

cremation: The irreversible process of reducing human remains to bond fragments through extreme heat and evaporation, which may include the processing or the pulverization of bone fragments. Health & Safety Code 711.001 (7).

crypt: A chamber in a mausoleum of sufficient size to inter human remains. Health & Safety Code 711.001(10).

desecration of cemetery: Destroying, damaging, removing or desecrating the remains of a decedent from a plot or other repository of remains or the obliteration, vandalization or desecration of a plot or other repository of remains. Health & Safety Code 711.0311.

endowment care cemetery: This is the same thing as a perpetual care cemetery. It is a cemetery for the benefit of which a perpetual care trust fund is established as provided by Chapter 712 of the Health & Safety Code. Health & Safety Code 711.001(23).

entombment: Interment in a crypt. Health & Safety Code 711.001(12).

funeral establishment: A place of business used in the care and preparation for interment or transportation of human remains, or any place where one or more persons, either as sole owner, in copartnership, or through corporate status, are engaged or represent themselves to be engaged in the business of embalming or funeral directing. Health & Safety Code 711.001(13). grave: A space of ground that is in a burial park and that is used or intended to be used for interment in the ground. Health & Safety Code 711.001(14).

interment: The permanent disposition of remains by entombment, burial or placement in a niche. Health & Safety Code 711.001(16).

inurnment: The placement or cremated remains in an urn. Health & Safety Code 711.001(18).

lawn crypt: A subsurface receptacle installed in multiple units for ground burial of human remains. Health & Safety Code 711.001(19).

mausoleum: A durable, fireproof structure used or intended to be used for entombment. Health & Safety Code 711.001(20).

niche: A space in a columbarium used or intended to be used for the placement of cremated remains in an urn or other container. Health & Safety Code 711.001(21).

perpetual care cemetery: A cemetery for the benefit or which a perpetual care trust fund is established as provided by Chapter 712 of the Health & Safety Code. Health & Safety Code 711.001(24).

prepaid funeral benefits: Prearranged or prepaid funeral or cemetery services or funeral merchandise, including an alternative container, casket or outer burial container. The term does not include a grave, marker, monument, tombstone, crypt, niche, plot or lawn crypt unless it is sold in contemplation of trade for a funeral service or funeral merchandise to which Chapter 154 applies. Texas Finance Code, Section 154.002(8).

remains: Either human remains or cremated remains. Health & Safety Code 711.001(28).

sexton: An attendant or care-taker in a church building, usually with care of the attached burying ground. Black's Law Dictionary.

Written by Donald Ray Burger, Attorney at Law

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