Tex.
Health & Safety Code Section 711.038
Sale of Plots by Cemetery Organizations
(a)
A cemetery organization may sell and convey the exclusive right of sepulture in a plot:(1)
after a map or plat and a certificate or declaration of dedication are filed as provided by Section 711.034 (Dedication);(2)
subject to the rules of the cemetery organization and the restrictions in the certificate of ownership or other instrument of conveyance; and(3)
after payment in full of the purchase price of the plot.(b)
A certificate of ownership or other instrument evidencing the conveyance of the exclusive right of sepulture by a cemetery organization must be signed by the president or vice-president and the secretary or other officers authorized by the cemetery organization.(c)
A conveyance of the exclusive right of sepulture must be filed and recorded in the cemetery organization’s office.(d)
A plot or a part of a plot that is conveyed as a separate plot by a certificate of ownership or other instrument may not be divided without the consent of the cemetery organization.(e)
A person is not required to be licensed or registered to sell a plot in a dedicated cemetery.(f)
A cemetery organization may not resell the exclusive right of sepulture in a plot unless the exclusive right of sepulture has been reacquired by the cemetery organization. A sanction or other penalty may not be imposed on a cemetery organization that violates this subsection unless:(1)
the state agency authorized to enforce this section provides the cemetery organization written notice of the violation; and(2)
the cemetery organization does not correct the violation before the 91st day after the date on which the cemetery organization received the notice.
Source:
Section 711.038 — Sale of Plots by Cemetery Organizations, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.711.htm#711.038
(accessed May 18, 2024).