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Frequently Asked Questions

Who can be buried at the Texas State Cemetery?
If I meet one of the above requirements, how can I obtain cemetery plot(s)?
If I am eligible for burial in the Cemetery, who can be buried with me?
What are the regulations for placing a monument, or headstone, in the Texas State Cemetery?
If I have a complaint against a cemetery, who should I contact?
How can I establish a family cemetery on my personal property?


Who can be buried at the Texas State Cemetery?

The Cemetery’s governing statute, Texas Government Code, Chapter 2165, Section 256, subsections d and e, states that persons eligible for burial in the Texas State Cemetery are:

1. a former member of the legislature or a member who dies in office;

2. a former elective state official or an elective state official who dies in office;

3. a former state official or a state official who dies in office who has been appointed by the governor and confirmed by the senate and who served at least 12 years in the office to which appointed;

4. a person specified by a governor's proclamation, subject to review and approval by the committee;

5. a person specified by a concurrent resolution adopted by the legislature, subject to review and approval by the committee; and

6. a person specified by order of the committee, only if the committee finds that the person made a significant contribution to Texas history and culture in the following fields: air and space, agriculture, art and design, business and labor, city building, education, industry, justice, military affairs, law enforcement, oil and gas, performing arts, philanthropy, ranching, religion, science and medicine, sports, and writing.


If I meet one of the above requirements, how can I obtain cemetery plot(s)?

Obtaining plots in the Texas State Cemetery is an application process. In order to receive the necessary forms, a written request must be submitted to the superintendent at:

Texas State Cemetery
909 Navasota Street
Austin, Texas 78702-3322

Once the application has been received and completed, they are to be returned to the superintendent with appropriate verification of any state offices held, i.e. statutory documentation from the Secretary of State, or supporting information of why the applicant is eligible for burial in the Texas State Cemetery.

After an application has been returned to the superintendent, it will be approved if it meets one of the first five eligibility requirements listed above. If the applicant falls into the sixth eligibility requirement, then the application will be placed on the agenda of the next meeting of the Texas State Cemetery Committee.

If an application is approved, either automatically or by the Committee, then the superintendent will notify the applicant in writing that he or she is now eligible to make plot selections. Any approved applicant is eligible to choose two cemetery plots, one for themselves and one for their spouse.

When ready to make a plot selection, the approved individual will need to schedule a meeting with the superintendent.

If I am eligible for burial in the Cemetery, who can be buried with me?

The Cemetery’s governing statute, Texas Government Code, Chapter 2165, Section 256, subsection f, states that cemetery plots are allotted for:

1. a person who is eligible or who clearly will be eligible for burial;

2. the person's spouse; and

3. the person's unmarried child, if the child, on September 1, 1979, or at the time of the child's death, is a resident in a state-operated or state-licensed eleemosynary institution.

What are the regulations for placing a monument, or headstone, in the Texas State Cemetery?

Access to all of the Cemetery’s rules and regulations can be found at the following link: Rules and Regulations.

If I have a complaint against a cemetery, who should I contact?

Cemeteries in Texas are divided into two categories, perpetual care and non perpetual care, and, for the most part, are self-regulated. If the cemetery in question is managed by an incorporated association, or some other type of governing body, then state law requires that they develop and follow guidelines. If an institution does not follow those guidelines, then complaints can be made to appropriate local authorities– i.e. city attorney, county attorney or district attorney.

Perpetual care cemeteries, properties that are maintained throughout perpetuity, are regulated by the Texas Department of Banking. 'Complaints can be made by contacting them at (512) 475-1283 or (512) 475-1285. They can also be reached through their website, http://www.banking.state.tx.us/, or by mailing a letter to:

Texas Department of Banking
Special Audits Division
2601 North Lamar Boulevard
Austin, Texas 78705-4294

Non perpetual care facilities, which are regulated or owned by municipalities, cities, churches, and other non-profit organizations, are generally not supervised by the Banking Department.

Any cemetery that has become a health hazard falls under the jurisdiction of the Texas Department of Health. They can be reached by telephone at (512) 458-7111, or through their website, www.tdh.state.tx.us, or by writing to:

Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3191

How can I establish a family cemetery on my personal property?

Texas Department of State Health Services / Bureau of Vital Statistics offer a pamphlet on this topic and can be reached by calling (512) 458-7111 extension 7692, or by writing:

Texas Department of Health
Bureau of Vital Statistics
1100 West 49th Street
Austin, Texas 78756-3191