13 TAC §§71.3, 71.11, 71.13 - 71.15, 71.17, 71.19, 71.21, 71.23
The Texas State Cemetery Committee proposes amendments to §§71.3,
71.11, 71.13, 71.15, 71.17, 71.19, and 71.21, and proposes new §71.14
and §71.23, concerning the Texas State Cemetery Committee, cenotaphs
and cancellation of burial reservations. The amendments and new rule sections
are proposed in order to clarify language, streamline definitions and provide
guidelines for cenotaphs and cancellation of burial reservations.
Mr. Harry Bradley, Superintendent of the Texas State Cemetery, has determined
that for the first five-year period the amendments and new rules are in effect,
there will be no adverse effect to state or local government as a result of
enforcing these amendments and new rule sections.
Mr. Harry Bradley, Superintendent of the Texas State Cemetery, further
determines that for each year of the first five-year period the amendments
and new rules are in effect, the public benefit anticipated as a result of
enforcing these amendments and new rules will be clearer language, streamlined
definitions and guidelines for cenotaphs and cancellation of burial reservations.
There will be no cost to small or large businesses and/or persons required
to comply with the rules.
Comments on the proposed amendments and new rules to Title 13, T.A.C.,
Part 5, Chapter 71 - Texas State Cemetery Committee, may be submitted to Ann
G. Dillon, General Counsel, General Services Commission, P.O. Box 13047, Austin,
TX 78711-3047. Comments must be received no later than 30 days from the date
of publication of the proposal to the
Texas Register
.
The amendments and new rules are proposed under the Texas Government
Code, Title 10, Subtitle D, §2165.2561 which provides the Texas State
Cemetery Committee with the authority to promulgate rules consistent with
the code.
The following statutes or codes are affected by these amendments and new
rules: Texas Government Code, Title 10, Subtitle D, §§2165.256 and
2165.2561
§71.3. Definitions.
The following words and terms, when used in this title, shall have
the following meanings unless the context clearly indicates otherwise:
(1)
Cemetery--The Texas State Cemetery burial
grounds for those individuals who are eligible under §2165.256(d)(e).
An historical site of Texas established in 1851.
(2)
Cemetery Annex-- The Texas State Cemetery
Annex that is approximately 46.19 acres. The Texas State Cemetery Annex is
located at Bull Creek Road and 45th Street in Austin, Texas and is dedicated
for future cemetery purposes.
(3)
Cenotaph -- A monument erected in
honor of an individual eligible for burial in the Cemetery whose remains are
buried elsewhere.
(4)
[
(1)
] Columbarium Wall--The
wall of niches, divided into separate East and West sections, reserved for
a person's cremains.
(5)
Committee-- The Texas State Cemetery
Committee is the committee charged with the operations of and jurisdiction
over the Cemetery and Cemetery Annex. Members consist of three voting gubernatorial
appointees serving staggered terms and three non-voting advisory members,
one each from General Services Commission, Texas Parks and Wildlife, and Texas
Historical Commission.
(6)
[
(2)
] Cremains--That which is
left after incineration of a person after death.
(7)
[
(3)
] Epitaph--The inscription which
identifies the gravesite and memorializes a person on a monument, headstone
or niche plate.
(8)
[
(4)
] General Services Commission--The
funding agency for the [
State
] Cemetery. Cemetery employees are
General Services Commission personnel. One of four agencies, which through
inter-agency contracts, participated in the Restoration and Enhancement of
the [
State
] Cemetery.
[
(5)
Headstone--A permanent stone placed
on a grave to identify the interred remains.
]
(9)
[
(6)
] Interment--The burial
of a person's remains or cremains within a cemetery.
(10)
[
(7)
] Interred--To put into
a grave; buried.
[
(8)
Marker--A monument, headstone, tablet,
memorial, columbarium, urn, niche, niche panel; or any other structure intended
to commemorate the deceased.
]
(11)
[
(9)
] Monument--Any
marker, headstone, gravestone, grave marker, tablet, memorial, columbarium,
urn, niche, niche panel, ledger stone, boulder or any other structure,
memorial of granite, marble or other [
approved
] material [
which is
] intended to commemorate the
deceased
[
interred
within the space
].
(12)
[
(10)
] Remains--That which
is left of a person after death; a corpse.
[
(11)
State Cemetery--The burial grounds
for those individuals who are eligible under §2165.256(d)(e). An historical
site of Texas established in 1851.
]
[
(12)
State Cemetery Annex-- The property
located at Bull Creek Road and 45th Street, currently owned by Texas Department
of Transportation. The area totals approximately 45 acres
].
[
(13)
State Cemetery Committee--A committee
charged with operations of and jurisdiction over the Cemetery. Members consist
of three voting gubernatorial appointees serving staggered terms and three
non-voting advisory members, one each from General Services Commission, Texas
Parks and Wildlife, and Texas Historical Commission.
]
(13)
[
(14)
] Texas Department of
Transportation--One of four agencies, which through inter-agency contracts,
participated in the Enhancement and Restoration of the [
State
]
Cemetery.
(14)
[
(15)
] Texas Historical Commission--One
of four agencies, which through inter-agency contracts, participated in the
Enhancement and Restoration of the [
State
] Cemetery.
(15)
[
(16)
] Texas Parks and Wildlife
[
Department
]--One of four agencies, which through inter-agency
contracts, participated in the Enhancement and Restoration of the [
State
] Cemetery.
§71.11.Monuments.
(a)
Monuments [
and headstones
] are subject to the
approval and regulation of the [
State Cemetery
] Committee.
(b)
All monument
[
Monument
] designs shall
be submitted to the [
State
] Cemetery Superintendent for review
and compliance with the
requirements
[
regulations
] set
forth by the [
State Cemetery
] Committee.
All monument design
submissions shall contain the information on the application form available
at the Cemetery office. Incomplete submissions will be returned.
(c)
The Committee specifically reserves the right to reject
any monument design
[
and prohibit the erection of a monument design
or headstone
], if, in the opinion of the Committee, the
quality
or craftmanship of the monument design is not suitable, blocks the view of
surrounding monuments or
[
said monument or headstone is of inferior
quality or craftsmanship, or if it
] does not comply with the following
[
approved specifications
]:
(1)
Only selected natural stone from established quarries,
or bronze meeting the specifications of the United States Bureau of Standards
should be used for monuments [
or headstones
]. In all cases, craftsmanship
should be of superior quality.
(2)
Curbs, fences, borders
, plantings
or enclosures
around any burial spaces must be approved by the [
State Cemetery
]
Committee.
(3)
Monuments and inscriptions
[
Inscriptions
] on any monument [
or headstone
] shall be
accurate and
in keeping with the respect and dignity for the interred and for the
[
State
] Cemetery as a place
of
[
to
] honor
and
to
memorialize noteworthy Texans.
(4)
Temporary markers of wood, or
concrete
[
cement
] are prohibited. Temporary metal markers provided by funeral
homes are permitted until replaced by a permanent monument.
(5)
Monuments [
or headstones
] shall be constructed
within the following dimensional specifications:
(A)
Maximum height: 7 feet;
(B)
The footprint of the monument shall not
cover more than 20% of the surface of the lot being 7 feet in depth and 6.66
feet (80 inches) in width;
(C)
If the width to height ratio of the monument
exceeds a 2 to 1 ratio, the Committee will review the design. The design,
size, and location of the monument will be considered by the Committee in
making a decision.
(D)
A flush installed ledger stone shall not
exceed 7 feet in depth and 6.66 feet in width.
[
(B)
Maximum depth: 7 feet;
]
[
(C)
Maximum width: 80 inches.
]
[
(6)
Headstones and markers are the
property of the State.
]
(d)
Aboveground vaults, crypts and mausoleums
are prohibited, except for interment in the columbarium.
(e)
Monuments are the property of the state.
§71.13.Vaults and Graveliners.
The use of metal, asphalt, concrete, and other types of below ground
burial Vaults or graveliners purchased at private expense in the [
Texas
State
] Cemetery is required. Neither the Superintendent nor any Cemetery
employee shall be involved in making these arrangements.
§71.14.Cenotaphs.
(a)
Cenotaphs are subject to the approval and regulation of
the Committee.
(b)
Cenotaph designs shall be submitted to the Cemetery Superintendent
for review and compliance with the regulations set forth by the Committee.
(c)
The Committee specifically reserves the right to reject
and prohibit the erection of a cenotaph, if, in the opinion of the Committee
the cenotaph is of inferior quality or craftmanship, or if it does not comply
with the dimensions or material specifications established by the Committee.
(d)
Cenotaphs shall be no taller than 3 feet 5 inches, unless
the Committee determines that an exception is in the best interest of the
State of Texas.
(e)
Cenotaphs are the property of the State of Texas.
§71.15.Landscaping.
(a)
A tree, shrub, plant or flower may not be removed, relocated
or planted in the Cemetery without the permission of the [
Texas State
Cemetery
] Committee.
(b)
The Superintendent shall oversee the removal, relocation
or planting of trees, shrubs, plants and flowers within the [
State
]
Cemetery grounds. The [
State Cemetery
] Committee may authorize
the Superintendent to carry out landscape programs at his discretion and report
to the Committee in a timely manner.
(c)
A digital map exhibiting the location of all existing vegetation
shall be maintained by the [
State
] Cemetery.
(d)
Fresh cut flowers may be placed on the graves throughout
the year. Floral items, fresh and artificial, will be removed from graves
as soon as they become faded and unsightly. All artificial flowers or items
removed from graves will be disposed of immediately.
(e)
Floral items and other types of decorations or commemorative
items are not to be secured or affixed by any means (wire, tape, string or
adhesives) to the monuments.
(f)
Planting of trees or shrubs is not permitted on or near
the graves at any time, unless approved by the [
Texas State Cemetery
] Committee.
(g)
Christmas wreaths, arrangements or floral grave blankets
are permitted on graves during the season, beginning December 1st and will
be removed no later than January 15th. Grave floral blankets may not be larger
in size than two by three feet. Christmas trees are not permitted. Christmas
decorations are not permitted on any living tree in the Cemetery or at the
Plaza de Los Recuerdos or on any statue.
(h)
The [
Texas State
] Cemetery is not responsible
for any items left on the graves. Permanent in-ground flower containers are
authorized for placement with approval from the Superintendent. Existing containers
may remain on graves until they become unserviceable.
§71.17.Designation of Special Burial Areas.
(a)
Hilltop--Both sides of the walking path leading to the
lookout at the highest point of the Hilltop is designated as an area for cenotaph
placement.
All cenotaphs are subject to the approval and regulation of
the Committee.
[
(1)
All cenotaphs are subject to the approval
and regulation of the Texas State Cemetery Committee.
]
[
(2)
The west base of the Hilltop east
of Highway 165 is designated as an area for burial niches for cremains.
]
(b)
Confederate Field--All sections of Confederate Field are
set aside for the burial and reinterment of military heroes and notable military
soldiers and officers. All burials and reinterments are subject to the approval
and regulation of the [
State Cemetery
] Committee.
(c)
The Meadows--The Meadows consists of numerous notable Texans,
elected state officials,
including
judges, and commission and board
members. The area is designated for individuals qualified for burial spaces.
(d)
Republic Hill--The Republic Hill area consists of many
Texas heroes, soldiers, authors, and elected state officials. Republic Hill,
Section 1 and Section 2 are closed to future applications.
(e)
The Crescent Pond--The area where Louis Kemp,
who
was instrumental in the 1929 Cemetery project,
[
the first Father
of the State Cemetery,
] is buried is designated for those individuals
qualified for burial spaces.
(f)
Columbarium Wall--The area designated for the cremains
of qualified and approved individuals.
§71.19.[ Additional ] Cemetery Annex.
(a)
Upon reservation and closure of
seventy-five percent
(75%) of the
[
all
] burial spaces within the [
State
]
Cemetery, the acquisition of adjacent
or contiguous
land shall
be evaluated by the [
State Cemetery
] Committee.
(b)
The Cemetery Annex is
approximately 46.19 acres of
[
the
] property located at Bull Creek Road and 45th Street
in Austin, Texas and is dedicated for future Cemetery purposes.
[
, currently owned by Texas Department of Transportation. The area totals approximately
45 acres
].
§71.21.Burial Reservations.
(a)
The [
State Cemetery
] Committee shall actively
pursue burial reservations from eligible persons.
(b)
The
Committee
[
committee
] shall delegate
to the Superintendent or a designated representative, the authority to research
persons eligible for burial at the [
State
] Cemetery.
(c)
Biographical information, documentation, photos, newspaper
articles and other supporting material shall be collected for review by the
Committee.
(d)
The Committee shall review and consider those persons recommended
by the Superintendent for eligibility for burial spaces during an Open Meeting.
(e)
The Committee shall encourage members of the legislature
to advise constituents who are eligible for burial in the [
State
]
Cemetery. The Committee may elect to advise members of the legislature by
formal written communication.
§71.23.Cancellation of Burial Reservations.
(a)
An individual or the legal representative of an individual
who has made a burial reservation in writing may cancel the reservation at
any time provided that notice of the cancellation is given to the Superintendent.
(b)
The Committee may cancel a burial reservation if
(1)
the Individual for whom the reservation was made has been
interred in another cemetery for at least five (5) years and no written reinterment
request has been made to the Committee; and
(2)
the Committee provides thirty (30) days notice, by
certified mail to at least one member of the family of the individual or to
the legal representative of the individual at the person's last known address
of the date, time and location of the open meeting where the Committee will
consider canceling the burial reservation; and
(3)
the Committee provides the family member or legal
representative of the individual whose burial reservation is subject to cancellation
the opportunity to appear in person or to submit written documentation clearly
demonstrating why the burial reservation should not be canceled.
(c)
Cancellation of a burial reservation does not preclude
the family or legal representative of an individual whose burial reservation
has been canceled from submitting an application to erect a cenotaph.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 28, 2000.
TRD-200003019
Ann Dillon
General Counsel
Texas State Cemetery Committee
Earliest possible date of adoption: June 11, 2000
For further information, please call: (512) 463-3960