Cemetery Laws

The Texas Historical Commission (THC) or other state agencies do not enforce cemetery laws. This responsibility belongs to county and municipal law enforcement agencies. If you are aware of cemetery vandalism or desecration contact your county sheriff or local police department.

Protection of historic cemeteries is, however, a shared responsibility. Notification must be made in order to protect these irreplaceable cultural resources. Cemetery desecration is a continuing problem in Texas and throughout the United States. Destruction occurs in many ways, including the illegal removal of human remains, damage from roaming livestock, encroaching development and construction, vandalism, and theft of grave goods and funerary objects.

If you believe that items offered for sale are former cemetery properties, contact local law enforcement authorities. State laws exist to protect cemeteries from vandalism, theft and desecration.

For General Provisions Relating to Cemeteries, please see our State Statutes and Rules section.

For more information about Archeologist's Notice of Existence of Cemetery, please see out subpage.