Official Texas Cemetery Law
Read the current text of Texas Health & Safety Code Chapter 711, including §§ 711.041 and 711.0521.
Texas Constitution & Statutes
Visiting Burial Grounds
Cemetery Access in Texas
Know Before You Go
Accessing Cemeteries on Private Property
Genealogists sometimes discover that a family cemetery or private burial ground is surrounded by privately owned land. Texas law provides a right of reasonable access in certain circumstances, while also allowing landowners to set reasonable routes and visiting hours.
Texas Health & Safety Code § 711.041
In plain language: when no public route is available, a person wishing to visit a cemetery or private burial ground has a right to reasonable ingress and egress for purposes normally associated with a cemetery visit.
- The surrounding landowner may designate a reasonable route to the cemetery.
- The landowner may establish reasonable hours for access.
- If you want to visit at another time, the statute provides a process involving written notice at least 14 days before the planned visit.
- The access provision does not apply to an unverified cemetery.
Texas law also provides a criminal penalty for interfering with a person's reasonable right of access under § 711.041.
Read the statute text
(a) Any person who wishes to visit a cemetery or private burial grounds for which no public ingress or egress is available shall have the right to reasonable ingress and egress for the purpose of visiting the cemetery or private burial grounds. This right of access extends only to visitation during the hours determined by the owner or owners of the lands under Subsection (b) or at a reasonable time as provided by Subsection (c) and only for purposes usually associated with cemetery visits.
(b) The owner or owners of the lands surrounding the cemetery or private burial grounds may designate the routes of reasonable ingress and egress and reasonable hours of availability.
(c) At a time other than the time provided by Subsection (b), the owner or owners of the lands surrounding a cemetery or private burial grounds must allow a person to enter and exit the owner's land for the purpose of visiting the cemetery or private burial grounds if:
(1) the person provides written notice to the owner or owners of the lands surrounding the cemetery or private burial grounds of the person's visit;
(2) the person provides the notice required by Subdivision (1) not later than the 14th day before the date the person wishes to visit the cemetery; and
(3) the time of the visit is reasonable.
(d) This section does not apply to an unverified cemetery.
Before Visiting
A little preparation can make the visit easier for both the researcher and the property owner.
- Contact the landowner in advance whenever possible.
- Explain that your purpose is genealogical or historical cemetery visitation.
- Ask which route the owner wants you to use and where you should park.
- Respect gates, livestock, crops, work areas, and posted instructions.
- Do not assume cemetery access gives permission to wander elsewhere on the property.
- If a cemetery's location or legal status is uncertain, consult the Texas Historical Commission before relying on the access statute.
Texas Cemetery Research & Preservation Resources
Texas Cemetery Preservation
The Texas Historical Commission provides guidance on preservation, access, cemetery inventories, conservation, and historic cemetery designation.
THC Cemetery PreservationPreserving Historic Cemeteries
Texas preservation guidelines for documentation, maintenance, protection, and responsible cemetery care.
THC Publications & GuidelinesHistoric Texas Cemetery Designation
Learn how qualifying cemeteries can be documented and designated through the Texas Historical Commission.
Historic Texas Cemetery ProgramUnverified Cemeteries
Information on documenting and filing notice of a cemetery whose existence has not yet been formally verified.
Cemetery Discovery & NoticeTexas Historic Sites Atlas
Search cemetery locations, historical markers, historic places, and other documented sites across Texas.
Search the AtlasImportant: This page is intended as a genealogy research aid, not legal advice. Cemetery-access circumstances can differ, and laws can change. Check the current Texas statute and Texas Historical Commission guidance before relying on this information in a specific situation.
Return to Research Texas Landmarks