Office of the Attorney General, 122019 TXAGO, AGO RQ-326-KP

Case DateDecember 20, 2019
CourtTexas
Office of the Attorney General
AGO RQ-326-KP
No. RQ-0326-KP
Texas Attorney General Opinion
December 20, 2019
         Office of the Attorney General          ATTENTION: Opinion Committee          P.O. Box 12548          Austin, Texas 78711 -2548          RE: Attorney General opinion regarding the legality of a school district operating a cemetery          Dear Committee:          In April of 2018, Fort Bend ISD discovered the skeletal remains of 95 African-Americans at a Sugarland school construction site. Archeologist determined this was an unmarked burial ground of the former Imperial State Prison Farm and these remains were victims of the state-sanctioned convict leasing system.          State law does not permit a public school district to create a cemetery as a school district cannot expend public funds intended for education purposes on the creation or operation of a cemetery. State law does permit a county to own and operate a cemetery. An interlocal agreement was made between Fort Bend ISD and Fort Bend County to allow the county to take over and maintain the cemetery. Unfortunately, the interlocal agreement fell through.          Fort Bend ISD formally re-interred the remains last month, but have not set up a community partner to operate the cemetery. Fort Bend ISD claims that state law permits any owner of a property upon which an abandoned cemetery is discovered...

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