On September 1, 2009, Section 711.011 of the Texas Health and Safety Code was amended to include a requirement for the recording of unknown or abandoned cemeteries with the county clerk in the county where the cemetery is located. The law clearly defines a cemetery as "a place that is used or intended to be used for interment, and includes a graveyard, burial park, mausoleum, or any other area containing one or more graves." The Health & Safety Code further states:
(a) A person who discovers an unknown or abandoned cemetery shall file notice of the cemetery with the county clerk of the county in which the cemetery is located not later than the 10th day after the date of discovery. The notice must contain a legal description of the land on which the unknown or abandoned cemetery was found and describe the approximate location of the cemetery and the evidence of the cemetery that was discovered.
(b) A county clerk may not charge a fee for filing notice under this section.
(c) The county clerk shall send a copy of the notice to the Texas Historical Commission and file the notice in the deed records of the county, with an index entry referencing the land on which the cemetery was discovered.
The THC has no formal role in the enforcement or filing of the notice requirements mandated under Chapter 711 of the Health and Safety Code. However, to facilitate the recording of unknown or abandoned cemeteries in accordance with Section 711.011, a sample notice for archeological discoveries is available on the Texas Historical Commission website (www.thc.state.tx.us). Once the notice is completed and notarized, it may be recorded in the county clerk’s office in accordance with Section 711.011.
Completing the Notice
Download the Archeologist’s Notice of Existence of Cemetery Form and complete the steps listed below for cemeteries discovered as a result of archeological investigations. For reporting historic, marked cemeteries with no archeological evidence, use the Notice of Existence of Cemetery link and follow the instructions provided.
A. Enter the county in where the cemetery is located.
B. Enter the legal description and general descriptive remarks. Usually this will be the survey and abstract number. Example: Maria Sanchez, M-35. This information can usually be obtained from the county appraisal office. Notices filed in this manner will be public records. Because unmarked, prehistoric cemeteries are particularly vulnerable to looters, we strongly recommend AGAINST the inclusion of specific locations such as Global Positioning System coordinates (including UTM and/or latitude/longitude data) or metes and bounds survey details on or attached to this form. Instead, we recommend that the descriptive statement simply note that a cemetery exists in the identified tract.
C. Enter the information requested in this section concerning the cemetery’s archeological evidence.
D. The notice must be notarized before filing with the county clerk.
Filing the Notice
Once the notice is completed and notarized, it is to be filed with the county clerk of the county where the cemetery is located.
The county clerk shall:
● Verify that the notice contains the legal description of the land, an approximate location of the cemetery, evidence of the cemetery and is signed and notarized. (See the instructions for completing the notice for more information.)
● File the notice in the county deed records indexed to the cemetery name and the survey and abstract number.
● Not charge a fee for this filing.
● Send a copy of the notice indicating filing date, the document number and/or volume and page to:
Texas Historical Commission
Attn: Cemetery Preservation Program
PO Box 12276
Austin TX 78711-2276
Archeologist’s Notice of Existence of Cemetery Form (link to Word document)
Archeologist’s Notice of Existence of Cemetery Form (link to PDF)
Notice of Existence of Cemetery Form SAMPLE (link to PDF)
For more information, contact one of the THC's regional archeologists or the cemetery coordinator.
