Frequently Asked Questions
♦ I would like to establish a Family Cemetery on my property. How do I do that?
Many people in the State of Texas are interested in establishing a family cemetery on their private property. Click here for information on establishing a family cemetery.
♦ I’m having an issue with a cemetery or crematory. How do I file a complaint?
Step One: Many times issues between a person or family and a cemetery can be resolved by a face to face meeting with the owner or general manager of the cemetery. Make sure you ask to speak with the person who is really in charge and not just a salesperson or assistant. Bring all of your documentation and facts with you to the meeting. Bring as few people as possible (perhaps just you). Leave any anger or frustration you may feel about the issue out of the meeting. If a face to face meeting such as the one recommended does not resolve the issue then you may have to proceed to Step Two.
Step Two: File a formal complaint with the appropriate department.
Choose one of the following:
• Perpetual Care Cemetery: regulated by the Texas Department of Banking. (Click here to search for a specific perpetual care cemetery.)
A cemetery operated as a Perpetual Care or Endowment Care cemetery means that a perpetual care fund for its maintenance has been established in conformity with the laws of the State of Texas.
CLICK HERE to find out how to file a complaint against a perpetual care cemetery.
• Non-perpetual Care Cemetery: the cemetery is owned by a municipality, city, church or other non-profit organization or it is a Crematory. These entities are under the jurisdiction of the Texas Funeral Service Commission.
CLICK HERE to find out how to file a complaint against a crematory or a non-perpetual care cemetery.
♦ I have a relative buried in a cemetery that is in deteriorating condition. Is there anything I can do?
• Perpetual Care Cemetery: regulated by the Texas Department of Banking. CLICK HERE to find out how to file a complaint against a perpetual care cemetery.
• Non-perpetual Care Cemetery: regulated by the Texas Funeral Service Commission; however, a non-perpetual care cemetery in deteriorating condition is most often having a problem with acquiring sufficient funds to upkeep the cemetery. In those circumstances, the Texas Funeral Service Commission will generally not be able to assist. There are other avenues that may assist in these situations:
… The Texas Historical Commission has a program called Guardian RIP. As stated on their webpage (click here for more information) the Guardian RIP program is a statewide network of cemetery preservation volunteers dedicated to protecting historic burial grounds in Texas. The Texas Historical Commission provides technical assistance to RIP Guardians across the state, and encourages them to Record, Investigate and Protect (RIP) local history by volunteering at a historic cemetery.
… Save Texas Cemeteries, Inc. has a webpage stating that its mission is to promote the preservation of historic cemeteries and burial grounds throughout Texas by public education and historic research in order to preserve our rich, multi-cultural heritage. You can find more information about this organization by going to their webpage: Save Texas Cemeteries.
♦ Can I bury on my own property?
Yes. Contact your local health department for more information.
♦ Does perpetual care cover markers?
No, in Texas the perpetual care fee only covers the cemetery grounds and mausoleums. Markers are not covered. Cemeteries frequently have a separate care fund for markers but it is not required by statute or regulated by this Department.
♦ Can I cancel a cemetery contract?
The statutes do not provide for mandatory cancellation provisions. In most instances, the cemetery will not allow the purchaser to cancel a contract and thus no refund options are available.
♦ Are the prices and fees cemeteries charge regulated by the Texas Banking Department?
No, there is no price regulation in the cemetery industry.
♦ Do I have to purchase an outer burial container?
If the cemetery’s rules and regulations require the use of an outer burial container you must have one for burial. It is a decision made by the individual cemetery.
♦ What is a lawn crypt?
A lawn crypt is a subsurface burial container installed in multiple units that has a system for drainage and moisture control. Lawn crypts may only be sold in dedicated lawn crypt gardens.
♦ Are perpetual care cemeteries required to build a mausoleum within a specific time period?
Yes, a perpetual care cemetery must begin construction of a mausoleum on or before a date that is 48 months after the date of the first pre-developed sale and shall complete construction on or before a date that is 60 months after the date of the first pre-developed sale. [Texas Health & Safety Code §711.061 et seq.]