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A BILL TO BE ENTITLED
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AN ACT
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relating to cemeteries in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.008, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (g-2) to |
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read as follows: |
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(a) Except as provided by Subsections (b), (f), (g), (g-1), |
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(g-2), (h), and (k), an individual, corporation, partnership, firm, |
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trust, or association may not establish or operate a cemetery, or |
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use any land for the interment of remains, located: |
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(1) in or within one mile of the boundaries of a |
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municipality with a population of 5,000 to 25,000; |
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(2) in or within two miles of the boundaries of a |
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municipality with a population of 25,000 to 50,000; |
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(3) in or within three miles of the boundaries of a |
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municipality with a population of 50,000 to 100,000; |
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(4) in or within four miles of the boundaries of a |
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municipality with a population of 100,000 to 200,000; or |
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(5) in or within five miles of the boundaries of a |
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municipality with a population of at least 200,000. |
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(g-2) Not later than December 1, 2022, an individual, |
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corporation, partnership, firm, trust, or association may file a |
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written application with the governing body of a municipality to |
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establish or use a cemetery located inside the legal boundaries of |
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the municipality. The municipality by ordinance shall prescribe the |
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information to be included in the application. The governing body |
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by ordinance may authorize the establishment or use of the cemetery |
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if the municipality determines and states in the ordinance that the |
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establishment or use of the cemetery does not adversely affect |
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public health, safety, and welfare. This subsection applies only |
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to a municipality that has a population of: |
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(1) at least 55,000 and not more than 60,000 and that |
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is located in two counties, each of which has a population of less |
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than 132,000; or |
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(2) at least 24,000 and not more than 26,000 and that |
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is the county seat of a county that has a population of at least |
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130,000 and not more than 135,000. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |