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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of human remains interred in a discovered |
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unknown or abandoned cemetery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 711.010(a), (b), and (c), Health and |
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Safety Code, are amended to read as follows: |
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(a) The owner of property on which an unknown cemetery is |
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discovered or on which an abandoned cemetery is located may not |
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construct improvements on the property in a manner that would |
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disturb the cemetery until the human remains interred in the |
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cemetery are removed under a written order issued by the state |
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registrar or the state registrar's designee under Section |
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711.004(f) and under an order of the commissioners [a district] |
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court of the county in which the cemetery is located as provided by |
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this section, except as provided by Section 711.004(f-1). |
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(b) On petition of the owner of the property, the |
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commissioners [a district] court of the county in which an unknown |
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cemetery is discovered or an abandoned cemetery is located may |
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order the removal of any dedication for cemetery purposes that |
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affects the property if the court finds that the removal of the |
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dedication is in the public interest. If the [a] court orders the |
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removal of a dedication of a cemetery and all human remains in that |
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cemetery have not previously been removed, the court shall order |
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the removal of the human remains from the cemetery to: |
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(1) a perpetual care cemetery; |
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(2) a municipal or county cemetery; or |
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(3) any other place on the owner's property that the |
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[district] court finds is in the public interest. |
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(c) In addition to any notice required by Section 711.004, |
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notice of a petition filed under Subsection (b) must be given to the |
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Texas Historical Commission and to the county historical commission |
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of the county in which the cemetery is located. The commissioners |
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court of the county may consult the Texas Historical Commission and |
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the county historical commission in making a decision under this |
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section. The court may also designate or appoint any person, party, |
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court appointed representative, or official the court considers |
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necessary to assist in determining whether the removal is in the |
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public interest. |
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SECTION 2. The changes in law made by this Act apply only to |
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a petition filed on or after the effective date of this Act. A |
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petition filed before the effective date of this Act is governed by |
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the law in effect on the date the petition was filed, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |