Sec. 714.001. DEPTH OF GRAVES; CRIMINAL PENALTY. (a) The body of a decedent may not be buried in a manner so that the outside top surface of the container of the body is: (1) less than two feet below the surface of the ground if the container is not made of an impermeable material; or (2) less than 1-1/2 feet below the surface of the ground if the container is made of an impermeable material. (b) The governing body of a political subdivision of this state may, because of subsurface soil conditions or other relevant considerations, permit, by ordinance or rule, burials in that political subdivision at a shallower depth than that required by Subsection (a). (c) This section does not apply to burials in a sealed surface reinforced concrete burial vault. (d) A person commits an offense if the person buries the body of a decedent in violation of this section or in violation of an ordinance or rule adopted under this section. (e) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.
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