1-1 By: Hunter of Taylor (Senate Sponsor - Sims) H.B. No. 1696
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 26, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-6 0; May 26, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 1696 By: Moncrief
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the location of cemeteries in certain municipalities.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 711.008, Health and Safety Code, is
1-26 amended by amending Subsection (a) and adding Subsection (k) to
1-27 read as follows:
1-28 (a) Except as provided by Subsections (b), (c), <and> (e),
1-29 and (k), an individual, corporation, or association may not inter
1-30 remains in a cemetery located:
1-31 (1) in or within one mile of the boundaries of a
1-32 municipality with a population of 5,000 to 25,000;
1-33 (2) in or within two miles of the boundaries of a
1-34 municipality with a population of 25,000 to 50,000;
1-35 (3) in or within three miles of the boundaries of a
1-36 municipality with a population of 50,000 to 100,000;
1-37 (4) in or within four miles of the boundaries of a
1-38 municipality with a population of 100,000 to 200,000; or
1-39 (5) in or within five miles of the boundaries of a
1-40 municipality with a population of at least 200,000.
1-41 (k) This subsection applies only to a municipality with a
1-42 population of 100,000 or more that is located in a county with a
1-43 population of less than 120,000. Not later than September 1, 1994,
1-44 a person may file a written application with the governing body of
1-45 the municipality to establish or use a cemetery located inside the
1-46 boundaries of the municipality. The municipality by ordinance
1-47 shall prescribe the information to be included in the application.
1-48 The governing body by ordinance may authorize the establishment or
1-49 use of a cemetery located inside the boundaries of the municipality
1-50 if the municipality determines and states in the ordinance that the
1-51 establishment or use of the cemetery does not adversely affect
1-52 public health, safety, and welfare.
1-53 SECTION 2. This Act takes effect September 1, 1993.
1-54 SECTION 3. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *
1-60 Austin,
1-61 Texas
1-62 May 26, 1993
1-63 Hon. Bob Bullock
1-64 President of the Senate
1-65 Sir:
1-66 We, your Committee on Intergovernmental Relations to which was
1-67 referred H.B. No. 1696, have had the same under consideration, and
1-68 I am instructed to report it back to the Senate with the
2-1 recommendation that it do not pass, but that the Committee
2-2 Substitute adopted in lieu thereof do pass and be printed.
2-3 Armbrister,
2-4 Chairman
2-5 * * * * *
2-6 WITNESSES
2-7 No witnesses appeared on H.B. No. 1696.