Private and Family Cemeteries

Question: Do private or family cemeteries fall under the jurisdiction of the Texas Department of Banking?
No. To establish a cemetery however, you must follow Sections 711.003, 711.008, 711.034, 714.001, and 711.041 of the Texas Health and Safety Code. It is also advised to contact your local county/city government to see if they have any rules or regulations regarding the property. This could include restrictions such as flood plains, drainage, underground cabling, deed restrictions, etc. More information can be found on the Texas Funeral Services Commission’s website

Bury on My Property

Question: Can I bury on my own property?
Yes. Contact your local health department for more information.

Perpetual Care and Markers

Question: 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.

Cancel a Cemetery Contract

Question: Can I cancel a cemetery contract?
The statute does 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.

Prices and Fees

Question: Are the prices and fees cemeteries charge regulated by the Texas Department of Banking?
No, there is no price regulation in the cemetery industry.

Outer Burial Container

Question: 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.

Lawn Crypt

Question: 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.

Timeframe for Building a Mausoleum

Question: 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 within 48 days of the first pre-developed sale, and construction must be completed within 60 months of the first pre-developed sale.