(a) A person discovering a previously unknown or abandoned cemetery should file notice of the cemetery with the county clerk of the county in which the cemetery lies within ten days of the date of discovery.
- (1) The Commission may provide assistance to a person required to file this notice.
- (2) The Notice of Existence of Cemetery form available on the Commission's website may be used to file this notice.
- (3) The county clerk must provide a copy of the notice to the Commission within 15 days after the filing of the notice with the clerk, by mailing it to the following address: Cemetery Preservation Coordinator, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276.
- (b) If one or more graves are discovered during construction of improvements on a property, construction must stop and may only proceed in a manner that would not further disturb the grave or graves unless the graves are removed in accordance with this chapter.
- (c) Agricultural, industrial, and mining operations may not be conducted in a manner that will disturb a grave or cemetery unless the graves and dedication of the cemetery are removed in accordance with this chapter.
Source Note:The provisions of this §22.4 adopted to be effective May 20, 2010, 35 TexReg 3809.