H.B. No. 1696
    1-1                                AN ACT
    1-2  relating to the location of cemeteries in certain municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 711.008, Health and Safety Code, is
    1-5  amended by amending Subsection (a) and adding Subsection (k) to
    1-6  read as follows:
    1-7        (a)  Except as provided by Subsections (b), (c), <and> (e),
    1-8  and (k), an individual, corporation, or association may not inter
    1-9  remains in a cemetery located:
   1-10              (1)  in or within one mile of the boundaries of a
   1-11  municipality with a population of 5,000 to 25,000;
   1-12              (2)  in or within two miles of the boundaries of a
   1-13  municipality with a population of 25,000 to 50,000;
   1-14              (3)  in or within three miles of the boundaries of a
   1-15  municipality with a population of 50,000 to 100,000;
   1-16              (4)  in or within four miles of the boundaries of a
   1-17  municipality with a population of 100,000 to 200,000; or
   1-18              (5)  in or within five miles of the boundaries of a
   1-19  municipality with a population of at least 200,000.
   1-20        (k)  This subsection applies only to a municipality with a
   1-21  population of 100,000 or more that is located in a county with a
   1-22  population of less than 120,000.  Not later than September 1, 1994,
   1-23  a person may file a written application with the governing body of
   1-24  the municipality to establish or use a cemetery located inside the
    2-1  boundaries of the municipality.  The municipality by ordinance
    2-2  shall prescribe the information to be included in the application.
    2-3  The governing body by ordinance may authorize the establishment or
    2-4  use of a cemetery located inside the boundaries of the municipality
    2-5  if the municipality determines and states in the ordinance that the
    2-6  establishment or use of the cemetery does not adversely affect
    2-7  public health, safety, and welfare.
    2-8        SECTION 2.  This Act takes effect September 1, 1993.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.