Bylaws

ARTICLE II. Objectives

The objectives of the organization shall be the preservation of the Driftwood Cemetery and its heritage, the maintenance and beautification of the Cemetery, and making preparation for the expansion of the Cemetery as the community grows and as deemed necessary by the Association.

ARTICLE III. Eligibility

To preserve the heritage of the Driftwood Cemetery, the following are the only candidates eligible to reserve grave sites and to be buried in the Driftwood Cemetery. For purposes of these bylaws, direct family eligibility may extend upward or downward in the lineal family tree as specifically provided in this Article.

1. Current property-owner residents and children, and current renter residents and children who live in the Driftwood area. The Driftwood area is defined as the portion of Hays County, Texas served by the Driftwood, Texas 78619 U. S. Postal Zip Code, and along RR 967 from RR 1826 to the 101 Ranch gate.
   1. Includes stepchildren
   2. Includes legally adopted children
   3. Excludes foster children
   4. Excludes live-in house guests of any duration
2. Former property-owner residents in the defined Driftwood area of any duration.
3. Spouses or children of former renter residents who died while living in the defined Driftwood area and who were buried in the Driftwood Cemetery.
   1. Includes stepchildren
   2. Includes legally adopted children
   3. Excludes foster children
   4. Excludes live-in house guests of any duration
4. Children and grandchildren of former property-owner residents in the defined Driftwood area of any duration.
   1. Includes stepchildren and grandchildren
   2. Includes legally adopted children
   3. Excludes foster children
   4. Excludes live-in house guests of any duration
5. Children, grandchildren, great-grandchildren, or other offspring in the direct line of descent of ancestors buried in the Driftwood Cemetery.
   1. Includes stepchildren
   2. Includes legally adopted children
   3. Excludes foster children
   4. Excludes live-in guests of any duration
6. Individuals who live outside the defined Driftwood area and who are verified to be active members in either of the Driftwood churches, the Driftwood Community Center, or the Driftwood Historical Conservation Society. The spouse and children of qualified individuals will also be eligible.
7. Applicants with extenuating circumstances approved by a majority of the Board of Directors. For example:
   1. A spouse not covered under B., D., and E. above
   2. A worthy charity case, such as the individual accidentally killed in Driftwood, who had no family or money.
8. All grave site reservations approved as of October 27, 1990, unless changed in writing by the owner of the reservation(s).
9. Upon the occasion of their divorce, a grave site reserved for an otherwise ineligible spouse, and any otherwise ineligible children reserved through the eligibility of the person they married, shall be under the control of the qualifying individual whose eligibility enabled the reservation of the otherwise ineligible spouse, and the controlling individual may hold or release such site(s), may request the Board of Directors to reassign to a subsequent legal spouse, or may request the Directors to reassign to some other eligible person.
10. Parents of individuals who are buried in the Driftwood Cemetery, or who themselves meet the eligibility requirements for burial under Sections A-I of this article.
    1. Includes biological, step-, and legal adoptive parents.
    2. Excludes foster parents and temporary guardians.
    3. Eligibility under this section applies regardless of the parent’s residence or prior residence in the defined Driftwood area.

ARTICLE IV. Revenue

Revenue for funding the Association’s efforts to meet its objectives shall come from interest on deposits, from voluntary donations, and from fees assessed against each plot that is reserved in the Driftwood Cemetery after the date prescribed in Section B below. All revenue received by the Association will be used solely for the purpose or purposes stated in Article II. The Board of Directors will be diligent in monitoring the use and growth of deposits and may increase or decrease the fee for a grave site from time to time to enable the Association to properly pursue the stated objectives and to protect the tax-exempt status of the Driftwood Cemetery Association.

1. Voluntary donations in any amount from individuals, families, or entities of any classification will be received and deposited by the Association’s treasurer. These donations are to be made with the understanding that they are gifts for the use of the Association in pursuing its objectives and nothing is to be given in return, except the enjoyment and satisfaction that comes to a willing donor when preservation, beautification, and/or expansion of the Driftwood Cemetery is accomplished.
2. Beginning April 29th, 2023, a non-refundable fee of $750 will be assessed for each new grave site reserved for an individual or individuals eligible to be buried in the Driftwood Cemetery. This fee is due upon receipt of notice from the Association’s Corresponding Secretary that an application to reserve one or more grave sites has been tentatively approved by the Association’s Board of Directors. Reservations will become fully approved on the date of notice received by the applicant(s) from the Association’s Corresponding Secretary stating that the prescribed fee for the grave sites or sites has been received.
3. The fee prescribed in Section B above may be waived by the Board of Directors only for extreme emergency circumstances. Neither the Board of Directors nor any officer of the Association may accept or agree to a promise to pay in any form from any individual or individuals for the reservation of a grave site or sites.
4. For a grave site requested and obtained upon the death of a person eligible to be buried in the Driftwood Cemetery, arrangements for payment of the prescribed fee for that grave site will be made with the survivor(s) of the decedent by the Chairman of the Board of Directors. The arranged payment is to be received in full by the Driftwood Cemetery Association’s corresponding secretary within 120 days of the use of the grave site.

ARTICLE V. Meeting Dates

The Driftwood Cemetery Association shall meet regularly on the following dates:

1. Last Saturday in April
2. Last Saturday in October

ARTICLE VI. Officers

Section 1. The officers of the Driftwood Cemetery Association shall be a President, a Vice-President, a Recording Secretary, a Corresponding Secretary, and a Treasurer.

Section 2. Term of Office. All officers shall hold office for two years, with the exception of the Treasurer, who shall be elected for a term of five years. An officer may serve as many terms as the Association re-elects that officer.

Section 3. Officer Vacancies. In the event of any office becoming vacant for any reason, the vacancy shall be filled immediately by the President, subject to approval by the Board of Directors.

Section 4. Election procedure. At a regular meeting, the President shall, with the approval of the Board of Directors, announce the expiring term or the vacancy. He shall call for nominations and hold an election at that same meeting. The elected individual assumes office immediately, but the term of that office shall be calculated from November 1 in the year the individual is elected to office. If no one present will accept nomination, the President shall appoint a 3-person nominating committee who will forward the candidates to the Corresponding Secretary prior to the beginning of the next regular meeting. The President will hold the election at that meeting.

Section 5. Specifications. At the meeting at which the election is to be conducted, the President shall call for nominations from the floor and take voice votes. A majority of the votes cast shall be required for an officer to be elected.

Any person nominated from the floor, preferably, should have been contacted previously and have agreed to serve if elected.

All officers and directors shall assume the responsibilities of their respective offices upon adjournment of the meeting at which the election was held. If the election is held in the month of April, then the respective term will be shortened by 6 months so that all terms end in the month of October.

Section 6. Duties.

1. The President shall serve as the executive officer of this association, preside at all meetings of the association, be an ex-officio member of the Board of Directors and of all committees, exercise general supervision over affairs of the association, and perform such other duties as are ordinarily incumbent upon a President.
2. The Vice-President shall perform such duties as are ordinarily incumbent upon Vice-Presidents and such other duties as may be assigned to him by the President or the Board of Directors.
3. The Recording Secretary shall keep and maintain the minutes of all regular and called meetings of the Association. A copy of all minutes shall be forwarded to the Corresponding Secretary.
4. The Corresponding Secretary shall keep and maintain all records of membership, of meeting attendance, and of reservations of gravesites, and shall conduct such correspondence as may be required by the President or the Board of Directors.
5. The Treasurer shall collect and bank all money that is received, shall invest the same in accordance with the directions of the Board of Directors or the Association, shall make a financial report at the regular meeting of the Association or upon the request of the President, and shall perform other duties as are ordinarily incumbent upon a Treasurer. The Treasurer shall keep complete records of all finances, and these records shall be audited as the Association deems appropriate. When requested by the Association, an audit shall be conducted by a committee of 3 appointed by the President. The Treasurer is authorized to pay out up to $250 for just debts of the Association without the prior approval of the Board of Directors, and may pay out in excess of $250 with the approval of the Board of Directors. The Treasurer, the President, and the Chair of the Board of Directors are authorized to sign checks. Counter-signing of checks is not required.

ARTICLE VII. Directors

1. The Association shall be governed by a Board of Directors consisting of six members elected by the Association and the Treasurer of the Association. The elected Directors shall serve for a period of six years or until their successors are duly qualified and elected. In the event of a directorship becoming vacant for any reason, the Board of Directors may, by a majority of a quorum vote at any regular or special meeting of the Board, fill all vacancies that may exist, and such appointees shall serve until the next regularly occurring meeting of the Association, or until a successor is elected by majority vote of the Association.
2. The Board of Directors may appoint one or more directors emeritus by a majority of a quorum vote at any regular or special meeting of the Board, not to exceed three in number. Such additional Board members shall possess all powers associated with Board membership. Such appointees shall be subject to a majority vote of the Association at the next regularly occurring meeting of the Association.
3. A majority of directors, including directors emeritus, shall be present at any regular or special meeting of the Board of Directors to constitute a quorum.
4. The Board of Directors shall meet on the morning of or before the regular Association meeting or on the call of the Chairman.
5. The Board of Directors shall develop such policies as are in the best interest of the Association and transact all business of the Association as is necessary to further the interests and obligations of the Association.
6. The Board of Directors may elect those officers necessary to fulfill its duties.

ARTICLE VIII. Committees

Standing committees or special committees may be created at any time by appointment of the President or by action of the Board of Directors.

The President of the Association shall appoint the chairman and members of all committees and shall announce such appointments at a regular meeting of the Association.

ARTICLE IX. Parliamentary Authority

Any person who is duly elected to office in this Association shall be deemed to have accepted the bylaws and shall be bound by them in all respects.

ARTICLE X. Procedure for New Business

Any member may present a matter which he feels should be considered by the Association.

ARTICLE XI. Cemetery Manager

A Driftwood Cemetery Manager shall be recruited and appointed by the Board of Directors to handle preparation of requests for new grave reservations complying with current eligibility requirements stated in these by-laws; submit new reservation requests to the Board of Directors at semi-annual meetings; collect fees for approved grave reservations and forward same to the Driftwood Cemetery Association Treasurer; coordinate with funeral homes and grave openers to mark the grave site for a current burial, mark the location of new headstones, curbing, and plantings; to keep current records of all burials and grave reservations; and handle other activities necessary for the on-going management of the Driftwood Cemetery. The appointed manager shall serve as long as it is mutually agreeable to the appointee(s) and the Board of Directors.

ARTICLE XII. Requirements for Burials, Plantings, Curbs, Markers, and Headstones in the Driftwood Cemetery

In the interest of promoting responsible environmental stewardship, all new burials/coffins shall be interred in concrete, non-sectional vaults/grave liners meeting current industry standards. This does not apply to cremated remains.

All burials and placements of headstones/permanent markers, plantings, and curbs shall be coordinated with the Driftwood Cemetery Manager so that their location and orientation can be staked in the correct position.

No grave curbing of any kind may be constructed in the Driftwood Cemetery after January 1, 1992, unless the top of the curbing is flush with the ground to facilitate mowing of the cemetery. Headstones and other grave markings, trees, or ground cover shall not encroach on any adjacent grave site. All new curbs, planting of trees, ground cover, and/or shrubbery in the cemetery must be approved by the Cemetery Manager prior to placement.

ARTICLE XIII. Amendments

These bylaws may be amended, altered, or repealed by a majority of a quorum vote of the Board of Directors at any regular or special meeting of the Board. The text of the proposed change shall be distributed to all Board members at least ten (10) days prior to the meeting at which the vote occurs. Such changes to the bylaws shall become effective upon approval by the Board, subject to ratification by a two-thirds (2/3) vote of Association members present at the next regularly scheduled meeting of the Association. Notice of all changes made by Board action shall be sent to the Association members at least ten (10) days prior to the meeting at which ratification is considered.

ARTICLE XIV. Cremated Remains

1. Cremated remains of an eligible person may be interred in a reserved plot with the consent of the plot owner or the authorizing agent of the plot owner, as defined by Texas law. The authority of the authorizing agent shall be established by affidavit or another verifying instrument.
2. Interment of cremated remains shall be coordinated with the Cemetery Manager and must be performed by a professional service provider in the manner specified by the Board of Directors. The requesting party shall be responsible for all costs associated with the interment.
3. Only one (1) set of cremated remains may be placed in a plot unless authorized by the Board of Directors.
4. If a request to place additional remains in a plot is authorized by the Board of Directors, an administrative fee of $100 shall be assessed by the Association upon approval of the application for interment of the cremated remains.

Last updated: Jan. 20, 2026