13 Tex. Admin. Code § 22.1 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
(1) "Abandoned cemetery"
means a non-perpetual care cemetery containing one or more graves and
possessing cemetery elements for which no cemetery organization exists and
which is not otherwise maintained by any caretakers. It may or may not be
recorded in deed records of the county in which it lies.
(2) "Antiquities Permit" means a permit
issued by the Texas Historical Commission under the jurisdiction of the
Antiquities Code of Texas, Natural Resources Code ch. 191.
(3) "Atlas" means the Texas Historic Sites
Atlas which is a cultural resource database that is maintained by the
Commission and contains historic properties.
(4) "Burials" and "Burial pits" mean marked
and unmarked locales set aside for a human burial or burials purposes. Burials
and burial pits may contain the remains of one or more individuals located in a
common grave in a locale. The site area encompasses the human remains present
and also may contain gravestones, markers, containers, coverings, garments,
vessels, tools, and other grave objects which may be present. or could be
evidenced by the presence of depressions, pit feature stains, or other
archeological evidence.
(5)
"Cemetery" means a place that is used or intended to be used for interment, and
includes a graveyard, burial park, unknown cemetery, abandoned cemetery,
mausoleum, or any other area containing one or more graves or unidentified
graves.
(6) "Commission" means the
Texas Historical Commission.
(7)
"Declaration of Dedication" means a notarized statement submitted to the
appropriate county clerk's office, in which the state verifies and acknowledges
that the named cemetery contains human burials at least 50 years old.
(8) "Department" means the Texas Department
of State Health Services.
(9)
"Disinterment Permit" means a permit issued by the State Registrar that
authorizes the exhumation of human remains from a grave location.
(10) "Family cemetery" means a cemetery
containing members of a single family or kinship group, usually located on land
belonging to the family or occupied by the family when established.
(11) "Funerary objects" means physical
objects associated with a burial, such as a casket, whether whole or
deteriorated into pieces, personal effects, ceremonial objects, and any other
objects interred with human remains.
(12) "Grave" means a space of ground that
contains interred human remains or is in a burial park and this is used or
intended to be used for interment of human remains in the ground.
(13) "Identified grave" means a grave that is
marked with name of the individual interred in the grave or for which there is
other evidence of the name of the individual interred in the grave.
(14) "Interment" means the permanent
disposition of human remains by entombment, burial, or placement in a niche,
but does not include the location of displaced or disarticulated human
remains.
(15) "Historic cemetery"
means a cemetery with at least one grave that is 50 years old or
older.
(16) "Human remains" means
the body of a decedent.
(17)
"Marked grave" means a grave that has some physical object or objects
identifying it as a grave, including a headstone, wooden or metal marker,
arrangement of field stones, plantings, or other such indicia, whether or not
the individual in the grave is identified.
(18) "Nonperpetual care cemetery" means a
cemetery that is not a perpetual care cemetery.
(19) "Perpetual care" or "endowment care"
means the maintenance, repair, and care of all places in the
cemetery.
(20) "Perpetual care
cemetery" or "endowment care cemetery" means a cemetery for the benefit of
which a perpetual care trust fund is established as provided by Chapter
712.
(21) "Physical anthropologist"
means an individual who has a graduate degree in anthropology or archaeology
with a concentration of study in the assessment of human skeletal remains. This
person must be qualified to obtain measurements of the skeleton and obtain a
biological profile, including sex, age, ancestry, stature, and anomalous
pathological and traumatic conditions.
(22) "Professional archeologist" means an
individual who has a degree in anthropology, archeology, or a closely related
field if that degree also included formal training in archeological field
methods, research, and site interpretation, and who conducts archeological
investigations as a vocation.
(23)
"Unidentified grave" means a grave that is not marked in a manner that provides
the identity of the interment.
(24)
"Unknown cemetery" means an abandoned cemetery evidenced by the presence of
marked or unmarked graves that does not appear on a map or in deed
records.
(25) "Unverified cemetery"
means a location having some evidence of human burial interments, but in which
the presence of one or more unmarked graves has not been verified by a person
described by §
711.0105(a)
of the Health and Safety Code of Texas or by the commission.
(26) "Verified cemetery" means the location
of a human burial interment or interments as verified by the
commission.
Notes
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