Can the county use public funds to maintain an historical cemetery?
Under certain circumstances, for the purposes of historical preservation or public health, safety, or welfare, the commissioners court is authorized to use public funds, county employees, county inmate labor, and county equipment to maintain a cemetery that is at least 50 years old (Health & Safety Code §713.028). However, county property may not be used to maintain a perpetual care cemetery or one maintained by a religious or fraternal organization, even if the cemetery contains an historical grave marker. For more information, see our publication, Cemeteries and Pauper Burial.