73R4964 RWS-F
By Hunter of Taylor H.B. No. 1696
A BILL TO BE ENTITLED
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, 1995,
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.