Section 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.Tex. Health and Safety Code § 714.001
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.