Texas Historical Commission

Cemetery photos

Cemetery Laws

The Texas Historical Commission (THC) or other state agencies do not enforce cemetery laws. This responsibility belongs to county and municipal law enforcement agencies. If you know about a cemetery that was vandalized, contact your county sheriff or local police department. Spread the word to the county commissioners court, county historical commission, local media, preservation societies or family members associated with those buried in the cemetery to bring awareness to the problem.

In addition, the THC has a guideline that describes state laws and some of the court decisions related to Texas cemeteries. Most of the Texas laws regarding cemeteries are in Chapters 694–715 of the Health and Safety Code. The laws pertain to perpetual care, ownership, dedication, abandonment, petition for guardianship and access, among others.

The Texas State Penal Code regulates criminal mischief, desecration, graffiti and theft. Other possible regulations include the State Antiquities Code and Federal 106 Code.