1. (a) Cemeteries that are deemed worthy of recognition and preservation for their historic associations are eligible for listing as a Historic Texas Cemetery. The purpose of this listing is to alert the present and future owners of the existence of the cemetery. Such cemeteries are eligible for this status if established at least 50 years ago. The History Programs Committee may waive the age requirement for cemeteries that are deemed to be exceptionally significant. Listing as a Historic Texas Cemetery does not restrict in any way the private owner's use of the land.
2. (b) Any individual, organization, or agency may submit an application. The Texas Historical Commission shall notify the owner of the property containing the cemetery via certified mail about the proposed listing.
3. (c) Applications for Historic Texas Cemetery listing are available at the Commission. Completed applications, along with the processing fee of $25 (twenty-five dollars), should be sent directly to the Commission for processing and review. The Commission may request further documentation if necessary. The burden of proof of the existence of the cemetery is on the applicant. If the application is accepted for listing, the applicant and landowner will be sent a Declaration of Dedication to be completed and filed with the appropriate county clerk's office. Applications rejected because of ineligibility may be reviewed by the History Programs Committee upon the request of the applicant. The cemetery will be officially recognized as a Historic Texas Cemetery when the applicant forwards proof of the recording of the Declaration of Dedication from the appropriate county clerk's office.
4. (d) Listing as a Historic Texas Cemetery must be based on complete documentation of the cemetery's eligibility as outlined in the application form available from the Commission. Examples of documentation that may be required include deed and title, plot records, archival documents, photographs, oral histories, remote sensing, and archeological data.
5. (e) The Historic Texas Cemetery listing may be removed only by action of the Commission or by an order of the court of proper jurisdiction removing the dedication or permitting the removal of the cemetery and the return of the land to other purposes. A transfer of ownership does not result in a removal of the dedication.
6. (f) A Historic Texas Cemetery may be further recognized with an Official Historic Texas Cemetery Marker, available for purchase through the Commission. The marker should be placed in accordance with §§21.7-21.9 of this title.

Source Note:The provisions of this §21.12 adopted to be effective August 28, 2003, 28 TexReg 6814.