The answer to this question may be hiding in plain sight, but ...

We've been asked to answer what would seem to be a simple issue. The son of a local family was killed in Iraq. They live just outside of town. From what I'm told, the family has inquired about permission to bury the son on their property (which, of course, is not a cemetery -- perpetual care or otherwise). I have coasted along for several years knowing that it's the law, plain and simple, that you can't just bury the dead wherever you feel like it. But then I dug out the Health & Safety Code to find the provision that says that. Much to my chagrin, there isn't anything that simple. The closest I can find, other than section 714.001 relating to the minimum depth of burial, is section 711.008, which regulates the location of cemeteries. It provides that an individual (among other entities) may not "use any land for the interment of remains" except at an established cemetery if the land is within a certain number of miles of the boundaries of a municipality, with the number of miles keyed to the municipality's population. Thus, as I read it, once you get close to the city, you have to use an established cemetery (or apply to establish one) for burial. Am I missing something more directly applicable (wouldn't be a great surprise if I was)?

I had an individual contact me last year about establishing a family cemetery on their land out of town. The County, not suprisingly, has no regulations regarding the establishment of cemeteries, and I believe that the only restriction the State pointed out to these people was to check with the County for local rules and regulations.

I advised them to execute a deed partitioning off the land in question for use as a cemetery. That way, there would be a record of the use and no one will have any unpleasant surprises while digging in the future. I have no idea if they actually followed through.

I think that as long as one follows the laws applicable to burial, and I suppose, the laws relating to distance from a town to the cemetery, one may use one's land to bury one's dead.

The Funeral Service Commission has some info on homemade burials:
http://www.tfsc.state.tx.us/cemeteries.asp

Scott, for some reason that I am certain was quite bizarre, I had to look at this a few years ago. My recollection is that I found just what you found. Unless you are within a certain distance from the city, there was no prohibition. In our case, I think the person who asked the question actually lived too close to the City, so they could not do it. I am sure we all look forward to hearing the story if you give them the go ahead and it later turns out to have dire consequences.