By: Davis H.B. No. 1788
73R5026 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cemeteries and other burial places; providing criminal
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 711.003, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 711.003. Records of Interment. (a) A record shall be
1-8 kept of each interment in a cemetery. The record must include:
1-9 (1) the date the remains are received;
1-10 (2) the date the remains are interred;
1-11 (3) the name and age of the person interred if those
1-12 facts can be conveniently obtained; and
1-13 (4) the identity of the plot, and grave, niche, or
1-14 crypt in which the remains are interred.
1-15 (b) An interment record is public information. The cemetery
1-16 shall make interment records available to the public during the
1-17 cemetery's regular business hours. The cemetery shall provide
1-18 copies of interment records or shall make the records available for
1-19 copying.
1-20 (c) The cemetery shall record each interment record with the
1-21 county clerk of the county in which the cemetery is located.
1-22 (d) Not later than February 1 of each year, the cemetery
1-23 shall file records with the state library relating to interments in
1-24 the previous year. The Texas State Library and Archives Commission
2-1 shall set a fee to accompany the filing of records under this
2-2 section. The fee may not exceed the amount necessary to defray the
2-3 cost of managing and preserving records filed under this
2-4 subsection.
2-5 SECTION 2. Section 711.007, Health and Safety Code, is
2-6 amended by adding Subsections (e) and (f) to read as follows:
2-7 (e) In determining whether to abate a cemetery as a nuisance
2-8 or enjoin its continuance, the court shall order an archeological
2-9 study to be conducted by a professional archeologist. The person
2-10 bringing the proceeding shall pay the costs of the study. The
2-11 study shall be conducted over an area that extends 150 feet beyond
2-12 the visible boundary of the cemetery, and the person conducting the
2-13 study is entitled to access to any property required under this
2-14 section to be covered by the study. The court shall consider the
2-15 results of the study in making its determination.
2-16 (f) In this section, "professional archeologist" has the
2-17 meaning assigned by Section 192.001, Natural Resources Code.
2-18 SECTION 3. Section 711.008, Health and Safety Code, is
2-19 amended to read as follows:
2-20 Sec. 711.008. LOCATION OF CEMETERY IN MUNICIPALITY. (a) A
2-21 person may not establish or expand a cemetery within the boundaries
2-22 of a municipality unless the person presents an application to the
2-23 governing body of each municipality in which the cemetery is
2-24 proposed to be established or expanded <Except as provided by
2-25 Subsections (b), (c), and (e), an individual, corporation, or
2-26 association may not inter remains in a cemetery located:>
2-27 <(1) in or within one mile of the boundaries of a
3-1 municipality with a population of 5,000 to 25,000;>
3-2 <(2) in or within two miles of the boundaries of a
3-3 municipality with a population of 25,000 to 50,000;>
3-4 <(3) in or within three miles of the boundaries of a
3-5 municipality with a population of 50,000 to 100,000;>
3-6 <(4) in or within four miles of the boundaries of a
3-7 municipality with a population of 100,000 to 200,000; or>
3-8 <(5) in or within five miles of the boundaries of a
3-9 municipality with a population of at least 200,000>.
3-10 (b) Subsection (a) does not apply to:
3-11 (1) a family, fraternal, or community cemetery of less
3-12 than five acres that is in existence on September 1, 1993, or that
3-13 is not within the boundaries of a municipality <cemetery heretofore
3-14 established and operating>; or
3-15 (2) a cemetery attached to a church building owned by
3-16 a religious society or sect that is in existence on September 1,
3-17 1993, or that is not within the boundaries of a municipality <the
3-18 establishment and use of a columbarium by an organized religious
3-19 society or sect as part of or attached to the principal church
3-20 building owned by the society or sect>.
3-21 (c) A cemetery association operating a cemetery that
3-22 heretofore was used and maintained inside municipal <the> limits
3-23 <prescribed by Subsection (a)> may acquire land adjacent to the
3-24 cemetery for cemetery purposes if additional land is required.
3-25 That land may be used as an addition to the cemetery.
3-26 (d) The governing body of the municipality shall conduct a
3-27 public hearing on the application after publishing notice in a
4-1 newspaper of general circulation in the municipality not earlier
4-2 than the 60th day or later than the 30th day before the date of the
4-3 hearing. The person seeking to establish or expand the cemetery
4-4 shall give notice within that period by certified mail to each
4-5 owner of property within 200 feet of the boundaries of the
4-6 cemetery or proposed cemetery and to each surviving owner of plots
4-7 within 200 feet of the boundaries of the cemetery or proposed
4-8 cemetery <Subsections (e)-(i) apply to the establishment or use of
4-9 a cemetery in a county with a population of less than 235,000 that
4-10 borders the Gulf of Mexico>.
4-11 (e) The person who files the application shall pay the costs
4-12 for providing notice under Subsection (d) <Not later than August
4-13 31, 1990, a person who desires to establish or use a cemetery may
4-14 file a written application to establish or use the cemetery if the
4-15 cemetery is located inside a municipality and 80 percent or more of
4-16 the municipality's boundaries are contiguous with the boundaries or
4-17 extraterritorial jurisdiction of another municipality or if the
4-18 cemetery is located outside a municipality but within the distance
4-19 prohibited by Subsection (a) for the municipality. The application
4-20 must be filed with the governing body of the municipality>.
4-21 (f) <If the location of the proposed cemetery is inside the
4-22 prohibited distance from more than one municipality, the person
4-23 must file a written application with the governing body of each
4-24 municipality.>
4-25 <(g)> The governing body of a municipality by ordinance
4-26 shall prescribe the information required in an application
4-27 submitted under this section <subsection or Subsection (e)>.
5-1 (g) <(h)> The governing body may grant the application if it
5-2 determines that the establishment or use of the cemetery does not
5-3 adversely affect public health, safety, and welfare.
5-4 (h) <(i)> Before the person may establish or use the
5-5 cemetery, the application must be granted by each municipality
5-6 required to receive an application under this section.
5-7 <(j) For the purpose of determining where a cemetery may be
5-8 located under Subsection (a), the boundary of an area annexed by a
5-9 municipality is not considered to be a boundary of the municipality
5-10 if no more than 10 percent of the boundary of the annexed area is
5-11 composed of a part of the boundary of the annexing municipality as
5-12 it existed immediately before the annexation.>
5-13 SECTION 4. Subchapter A, Chapter 711, Health and Safety
5-14 Code, is amended by adding Sections 711.010-711.016 to read as
5-15 follows:
5-16 Sec. 711.010. LOCAL STANDARDS; CEMETERY ADVISORY BOARD. (a)
5-17 The governing body of a municipality may adopt regulations to
5-18 preserve and protect cemeteries in the municipality and to provide
5-19 standards of operation and maintenance.
5-20 (b) The governing body of a municipality may adopt this
5-21 subtitle or parts of this subtitle and may adopt additional
5-22 regulations providing standards for cemeteries in the municipality
5-23 to protect the health, safety, and welfare of the residents of the
5-24 municipality.
5-25 (c) The governing body of a municipality may appoint a
5-26 cemetery advisory board composed of five members to advise the
5-27 governing body concerning standards of operation and maintenance,
6-1 including the physical appearance, of cemeteries or parts of
6-2 cemeteries located in the municipality.
6-3 Sec. 711.011. DESTRUCTION OF CEMETERY. (a) A property
6-4 owner may not intentionally destroy, damage, or desecrate a
6-5 cemetery located on or partly on that person's property and shall
6-6 repair any damage negligently done to the cemetery by the person.
6-7 (b) A property owner shall undertake reasonable efforts to
6-8 determine whether a cemetery is located on property owned by the
6-9 person before allowing any improvements to be constructed on the
6-10 property.
6-11 (c) This section does not apply if the municipality adopts
6-12 regulations to preserve and protect cemeteries in the municipality.
6-13 (d) A person commits an offense if the person violates this
6-14 section. An offense under this subsection is a Class A
6-15 misdemeanor.
6-16 Sec. 711.012. DISCOVERY OF CEMETERY DURING CONSTRUCTION. A
6-17 person who discovers an unknown, abandoned cemetery during
6-18 construction may not continue the construction in a manner that
6-19 would further disturb the cemetery until the person has sought and
6-20 obtained a court order abating the cemetery and enjoining its
6-21 continuance under Section 711.007.
6-22 Sec. 711.013. ACCESS TO LANDLOCKED CEMETERY. (a) A person
6-23 who owns any land adjacent to a landlocked cemetery may not deny
6-24 reasonable access to the cemetery by a person who produces evidence
6-25 of the existence of the grave and who requests access to visit a
6-26 grave, to examine the condition of a grave or the cemetery, to
6-27 repair and maintain the cemetery, or to visit the cemetery for any
7-1 other lawful purpose.
7-2 (b) The landowner may designate a reasonable path to the
7-3 cemetery. If a path is not designated, the person requesting
7-4 access shall take the route that is the least damaging to the
7-5 landowner's property. The person is liable for damages caused by
7-6 crossing the property, excluding damages caused by natural wear.
7-7 (c) This section applies only to a cemetery that is
7-8 surrounded by real property not owned by the person seeking access
7-9 and to which there is no means of public access.
7-10 (d) A landowner commits an offense if the landowner violates
7-11 Subsection (a). An offense under this section is a Class C
7-12 misdemeanor. Each day that access is denied constitutes a separate
7-13 offense.
7-14 Sec. 711.014. FILING RECORD OF UNKNOWN CEMETERY. (a) A
7-15 person who discovers an unknown, abandoned cemetery shall file
7-16 notice of the cemetery with the county clerk or the clerk of the
7-17 municipality in which the cemetery is located.
7-18 (b) A county clerk or municipal clerk may not charge a fee
7-19 for filing notice under this section.
7-20 Sec. 711.015. GRAVE MARKERS AND HEADSTONES. (a) A cemetery
7-21 association, advisory board, or other person may not require a
7-22 person, by rule or otherwise, to purchase a grave marker or
7-23 headstone from a particular vendor or manufacturer.
7-24 (b) A cemetery association, advisory board, or other person
7-25 may not require, by rule or otherwise, that a grave marker or
7-26 headstone be set in place by a particular person or charge a fee
7-27 for setting the grave marker or headstone unless employed to do so.
8-1 (c) A cemetery association may establish a reasonable fee
8-2 for the location, supervision, and records amendments related to
8-3 the installation of markers and headstones.
8-4 (d) A cemetery association may require that a person
8-5 installing a headstone or marker provide proof of adequate general
8-6 liability and workers' compensation insurance coverage.
8-7 Sec. 711.016. NOTICE OF CHANGE IN USE. If there is a change
8-8 in use of a part of a cemetery, including the construction of a
8-9 public road in the cemetery, the cemetery owner shall send notice
8-10 by certified mail to each surviving person who owns a plot within
8-11 200 feet of the boundaries concerning that change in use not
8-12 earlier than the 60th day or later than the 30th day before the
8-13 date on which the change becomes effective.
8-14 SECTION 5. Section 711.024, Health and Safety Code, is
8-15 amended to read as follows:
8-16 Sec. 711.024. AUTHORITY OF <NONPROFIT> CEMETERY CORPORATION.
8-17 A <nonprofit> cemetery corporation organized by plot owners may
8-18 divide cemetery property into lots and subdivisions for cemetery
8-19 purposes and charge assessments on the property for the purposes of
8-20 general improvement and maintenance. A plot owner or a director or
8-21 board of directors of a cemetery corporation may not remove a
8-22 dedication from property dedicated for cemetery purposes except as
8-23 provided by Section 711.036.
8-24 SECTION 6. Section 711.031, Health and Safety Code, is
8-25 amended by adding Subsection (d) to read as follows:
8-26 (d) A rule adopted by a cemetery association may not be less
8-27 stringent or contradict a regulation adopted by the governing body
9-1 of the municipality in which the cemetery is located.
9-2 SECTION 7. Sections 711.033(b) and (d), Health and Safety
9-3 Code, are amended to read as follows:
9-4 (b) A cemetery association that acquires property may record
9-5 the association's title to the property with the county clerk of
9-6 the county in which the property is located if the association
9-7 president and secretary or other authorized officer acknowledge a
9-8 declaration executed by the association that describes the property
9-9 and declares the association's intention to use the property or a
9-10 part of the property for interment purposes. The declaration shall
9-11 be filed with the county clerk of the county or the clerk of the
9-12 municipality in which the property is located.
9-13 (d) A cemetery association may by condemnation acquire
9-14 property in which remains are to <may> be interred, and the
9-15 acquisition of that property is for a public purpose.
9-16 SECTION 8. Sections 711.034(b) and (e), Health and Safety
9-17 Code, are amended to read as follows:
9-18 (b) The cemetery association shall file the map or plat with
9-19 the county clerk of the <each> county and the clerk of the
9-20 municipality in which the property or any part of the property is
9-21 located. A filing fee may not be charged for filing a map or plat
9-22 under this subsection.
9-23 (e) The certificate or declaration may not contain a
9-24 provision permitting the directors by order to resurvey and change
9-25 the shape and size of the property for which the associated map or
9-26 plat is filed without applying to the governing body of each
9-27 municipality in which the cemetery is located and obtaining its
10-1 approval <if that change does not disturb any interred remains. If
10-2 a change is made, the association shall file an amended map or
10-3 plat>.
10-4 SECTION 9. Section 711.036, Health and Safety Code, is
10-5 amended by amending Subsections (b), (c), and (d) and adding
10-6 Subsection (f) to read as follows:
10-7 (b) A proceeding may be brought by:
10-8 (1) the governing body of a municipality with a
10-9 population of more than 25,000, if the cemetery is located in the
10-10 municipality or not farther than five miles from the municipality;
10-11 (2) the district attorney of the county, if the
10-12 cemetery is located in an area of the county not described by
10-13 Subdivision (1); <or>
10-14 (3) the owner of property situated so that its value
10-15 is affected by the cemetery; or
10-16 (4) the owner, operator, director, board of directors,
10-17 or chairman of the cemetery or governing board of the cemetery.
10-18 (c) The court may order the removal of the dedication of a
10-19 cemetery on notice and proof satisfactory to the court that the
10-20 conditions established by Subsection (a)(1) or (2) exist.
10-21 (d) The district court in a county in which a dedicated
10-22 cemetery is located may, in a proceeding brought by the affected
10-23 political subdivision, remove the dedication from property lying in
10-24 the path of proposed construction of or on a highway, thoroughfare,
10-25 road, or street only if:
10-26 (1) the United States, this state, a county, a
10-27 municipality, or another governmental subdivision of this state
11-1 determines that a new highway, thoroughfare, road, or street will
11-2 be constructed along a proposed route or that an existing highway,
11-3 thoroughfare, road, or street will be widened;
11-4 (2) the determination is a matter of public record;
11-5 <and>
11-6 (3) after the determination, property lying in the
11-7 path of the proposed route is dedicated for cemetery purposes; and
11-8 (4) the political subdivision proves by clear and
11-9 convincing evidence that the conditions established by Subsection
11-10 (a)(1) or (2) exist.
11-11 (f) A dedication may not be removed from a dedicated
11-12 cemetery except as provided by this section. This section applies
11-13 to any property that has been dedicated for cemetery purposes in
11-14 this state, including a perpetual care or nonperpetual care
11-15 cemetery, a cemetery operated for profit, and a nonprofit cemetery.
11-16 SECTION 10. Section 31.03(c), Penal Code, is amended to read
11-17 as follows:
11-18 (c) For purposes of Subsection (b) of this section:
11-19 (1) evidence that the actor has previously
11-20 participated in recent transactions other than, but similar to,
11-21 that which the prosecution is based is admissible for the purpose
11-22 of showing knowledge or intent and the issues of knowledge or
11-23 intent are raised by the actor's plea of not guilty;
11-24 (2) the testimony of an accomplice shall be
11-25 corroborated by proof that tends to connect the actor to the crime,
11-26 but the actor's knowledge or intent may be established by the
11-27 uncorroborated testimony of the accomplice;
12-1 (3) an actor engaged in the business of buying and
12-2 selling used or secondhand personal property, or lending money on
12-3 the security of personal property deposited with him, is presumed
12-4 to know upon receipt by the actor of stolen property (other than a
12-5 motor vehicle subject to Article 6687-1, Vernon's Texas Civil
12-6 Statutes) that the property has been previously stolen from another
12-7 if the actor pays for or loans against the property $25 or more (or
12-8 consideration of equivalent value) and the actor knowingly or
12-9 recklessly:
12-10 (A) fails to record the name, address, and
12-11 physical description or identification number of the seller or
12-12 pledgor;
12-13 (B) fails to record a complete description of
12-14 the property, including the serial number, if reasonably available,
12-15 or other identifying characteristics; or
12-16 (C) fails to obtain a signed warranty from the
12-17 seller or pledgor that the seller or pledgor has the right to
12-18 possess the property. It is the express intent of this provision
12-19 that the presumption arises unless the actor complies with each of
12-20 the numbered requirements;
12-21 (4) for the purposes of Subdivision (3)(A) of this
12-22 subsection, "identification number" means driver's license number,
12-23 military identification number, identification certificate, or
12-24 other official number capable of identifying an individual;
12-25 (5) stolen property does not lose its character as
12-26 stolen when recovered by any law enforcement agency;
12-27 (6) an actor engaged in the business of obtaining
13-1 abandoned or wrecked motor vehicles or parts of an abandoned or
13-2 wrecked motor vehicle for resale, disposal, scrap, repair,
13-3 rebuilding, demolition, or other form of salvage is presumed to
13-4 know on receipt by the actor of stolen property that the property
13-5 has been previously stolen from another if the actor knowingly or
13-6 recklessly:
13-7 (A) fails to maintain an accurate and legible
13-8 inventory of each major motor vehicle component part purchased by
13-9 or delivered to the actor, including the date of purchase or
13-10 delivery, the name, age, address, sex, and driver's license number
13-11 of the seller or person making the delivery, the license plate
13-12 number of the motor vehicle in which the part was delivered, a
13-13 complete description of the part, and the vehicle identification
13-14 number of the motor vehicle from which the part was removed, or in
13-15 lieu of maintaining an inventory, fails to record the name and
13-16 certificate of inventory number of the person who dismantled the
13-17 motor vehicle from which the part was obtained;
13-18 (B) fails on receipt of a motor vehicle to
13-19 obtain a certificate of authority, sales receipt, or transfer
13-20 document as required by Article V, Section 1, Chapter 741, Acts of
13-21 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
13-22 Vernon's Texas Civil Statutes), or a certificate of title showing
13-23 that the motor vehicle is not subject to a lien or that all
13-24 recorded liens on the motor vehicle have been released; or
13-25 (C) fails on receipt of a motor vehicle to
13-26 immediately remove an unexpired license plate from the motor
13-27 vehicle, to keep the plate in a secure and locked place, or to
14-1 maintain an inventory, on forms provided by the State Department of
14-2 Highways and Public Transportation, of license plates kept under
14-3 this paragraph, including for each plate or set of plates the
14-4 license plate number and the make, motor number, and vehicle
14-5 identification number of the motor vehicle from which the plate was
14-6 removed;
14-7 (7) an actor who purchases or receives a used or
14-8 secondhand motor vehicle is presumed to know on receipt by the
14-9 actor of the motor vehicle that the motor vehicle has been
14-10 previously stolen from another if the actor knowingly or
14-11 recklessly:
14-12 (A) fails to report to the State Department of
14-13 Highways and Public Transportation the failure of the person who
14-14 sold or delivered the motor vehicle to the actor to deliver to the
14-15 actor a properly executed certificate of title to the motor vehicle
14-16 at the time the motor vehicle was delivered; or
14-17 (B) fails to file with the county tax
14-18 assessor-collector of the county in which the actor received the
14-19 motor vehicle, not later than the 20th day after the date the actor
14-20 received the motor vehicle, the registration license receipt and
14-21 certificate of title or evidence of title delivered to the actor in
14-22 accordance with Section 2, Chapter 364, Acts of the 50th
14-23 Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
14-24 Civil Statutes), at the time the motor vehicle was delivered; <and>
14-25 (8) an actor who possesses a shopping cart, laundry
14-26 cart, or container that has a name or mark and is not on the
14-27 premises of the owner or an adjacent parking area is presumed to
15-1 have appropriated property without the owner's effective consent;
15-2 and
15-3 (9) an actor is presumed to know on receipt of a
15-4 tombstone or vase designed for use at a burial site that the
15-5 tombstone or vase has been previously stolen from another, unless
15-6 the tombstone or vase is a new tombstone or vase that has never
15-7 been used at a burial site.
15-8 SECTION 11. Section 42.09, Penal Code, is amended by adding
15-9 Subsection (e) to read as follows:
15-10 (e) It is a defense to prosecution under Subsection (a)(2)
15-11 of this section that the actor is engaging in an authorized
15-12 archeological study of a place of burial under the direct
15-13 supervision of a professional archeologist and in accordance with
15-14 Chapter 191, Natural Resources Code.
15-15 SECTION 12. Chapter 42, Penal Code, is amended by adding
15-16 Section 42.105 to read as follows:
15-17 Sec. 42.105. DISTURBING A BURIAL. (a) In this section:
15-18 (1) "Burial" means a marked or unmarked place,
15-19 excavation, or construction, including a pit, tomb, cairn, mound,
15-20 or other place made or used for interment of human remains or
15-21 burial objects, and any associated human remains or burial objects.
15-22 (2) "Burial object" means an object located in a
15-23 burial, including an item of personal adornment and any casket and
15-24 casket hardware.
15-25 (3) "Human remains" means the physical remains of a
15-26 human body, including bone, teeth, mummified flesh, or ash found
15-27 within a burial.
16-1 (b) A person commits an offense if the person intentionally
16-2 or knowingly:
16-3 (1) disturbs, damages, or destroys a burial or a
16-4 burial marker;
16-5 (2) removes any human remains or burial objects from a
16-6 burial; or
16-7 (3) buys, sells, or damages human remains.
16-8 (c) An offense under Subsection (b) of this section is a
16-9 Class A misdemeanor.
16-10 (d) A person commits an offense if the person knows that a
16-11 burial is being disturbed, damaged, or destroyed and the person
16-12 intentionally or knowingly fails to notify a law enforcement agency
16-13 in whose jurisdiction the site of the burial is located that the
16-14 burial is being disturbed, damaged, or destroyed.
16-15 (e) An offense under Subsection (d) of this section is a
16-16 Class B misdemeanor.
16-17 (f) It is a defense to prosecution under this section that
16-18 the burial or burial marker was disturbed, damaged, or destroyed or
16-19 that the human remains or burial object was recovered in accordance
16-20 with:
16-21 (1) Chapter 191, Natural Resources Code; or
16-22 (2) any applicable federal law, rule, or executive
16-23 order, including:
16-24 (A) Chapter 1A or 1B, Title 16, United States
16-25 Code;
16-26 (B) Executive Order 11593 (36 Fed. Reg. 8921);
16-27 or
17-1 (C) 36 C.F.R. Section 800.1 et seq.
17-2 (g) On conviction of an accused under this section, the
17-3 state assumes jurisdiction as provided by Chapter 192, Natural
17-4 Resources Code, over any human remains or burial object associated
17-5 with the offense.
17-6 (h) A person may not be prosecuted under both this section
17-7 and Section 42.10 of this code for the same act.
17-8 SECTION 13. Title 9, Natural Resources Code, is amended by
17-9 adding Chapter 192 to read as follows:
17-10 CHAPTER 192. DISCOVERY OF BURIALS
17-11 Sec. 192.001. DEFINITIONS. In this chapter:
17-12 (1) "Burial" means a marked or unmarked place,
17-13 excavation, or construction, including a pit, tomb, cairn, mound,
17-14 or other place made or used for interment of human remains or
17-15 burial objects, and any associated human remains or burial objects.
17-16 (2) "Burial object" means an object located in a
17-17 burial, including an item of personal adornment and any casket and
17-18 casket hardware.
17-19 (3) "Commission" means the Texas Historical
17-20 Commission.
17-21 (4) "Human remains" means the physical remains of a
17-22 human body, including bone, teeth, mummified flesh, or ash found
17-23 within a burial.
17-24 (5) "Medical examiner" means a person appointed under
17-25 Section 2, Article 49.25, Code of Criminal Procedure.
17-26 (6) "Professional archeologist" means a person:
17-27 (A) certified by the Society of Professional
18-1 Archeologists; or
18-2 (B) approved by the state archeologist as
18-3 meeting the training and experience requirements for certification.
18-4 (7) "State archeologist" means the person employed by
18-5 the commission under Section 442.007, Government Code.
18-6 Sec. 192.002. DISCOVERY OF BURIALS. (a) Except as provided
18-7 by Subsection (b) of this section, a person who discovers a burial
18-8 shall stop any activity that may disturb the burial and notify the
18-9 medical examiner who has authority over the area where the burial
18-10 is located or, if there is not a medical examiner for the area, a
18-11 justice of the peace for the county in which the burial is located.
18-12 (b) A person who discovers a burial during an archeological
18-13 investigation conducted by a professional archeologist shall stop
18-14 any activity that may disturb the burial and notify the
18-15 professional archeologist in charge of the investigation.
18-16 (c) Activity that may disturb the burial may not resume
18-17 without the approval of the medical examiner, justice of the peace,
18-18 or professional archeologist, as appropriate.
18-19 Sec. 192.003. INVESTIGATION BY ARCHEOLOGIST. (a) A
18-20 professional archeologist notified under Section 192.002 of this
18-21 code shall investigate the burial and stop any activity that may
18-22 disturb the burial.
18-23 (b) If the professional archeologist finds that the burial
18-24 is that of a person who has been dead less than 75 years, the
18-25 archeologist, not later than the second day after receipt of notice
18-26 under Section 192.002, shall notify the medical examiner or justice
18-27 of the peace, as appropriate.
19-1 (c) If the professional archeologist finds that the burial
19-2 is that of a person who has been dead 75 years or longer, the
19-3 archeologist, not later than the second day after receipt of notice
19-4 under Section 192.002, shall notify the state archeologist.
19-5 (d) Not later than the 15th day after the date the
19-6 professional archeologist notifies the state archeologist, the
19-7 professional archeologist shall:
19-8 (1) report to the state archeologist on the cultural
19-9 and biological characteristics of the burial; and
19-10 (2) recommend temporary disposition of any human
19-11 remains or burial objects.
19-12 Sec. 192.004. TEMPORARY JURISDICTION OVER BURIAL FOUND ON
19-13 PRIVATE LAND. (a) After oral or written notice to the owner of
19-14 private land on which a burial is found, the commission has
19-15 temporary jurisdiction over the burial for the purpose of
19-16 protecting, studying, and determining the appropriate disposition
19-17 of the burial as provided by Section 192.005 of this code.
19-18 (b) Not later than the 60th day after the date the
19-19 commission assumes temporary jurisdiction, the commission shall
19-20 provide the property owner a proposed work plan that includes a
19-21 description of the physical boundaries of the burial area and the
19-22 proposed period during which temporary jurisdiction will be
19-23 assumed. The proposed work plan may not go into effect except on
19-24 the written approval of the property owner.
19-25 (c) The commission's assumption of temporary jurisdiction
19-26 over a burial on private property does not authorize public access
19-27 to the property.
20-1 Sec. 192.005. DISPOSITION OF BURIAL. (a) The state
20-2 archeologist shall determine the proper disposition of a burial as
20-3 provided by this section.
20-4 (b) Before making a disposition, the state archeologist
20-5 shall:
20-6 (1) determine the historical, archeological, or
20-7 scientific significance of the burial;
20-8 (2) appoint a bioarcheologist to examine the burial or
20-9 human remains or burial objects the state archeologist considers
20-10 significant; and
20-11 (3) make reasonable efforts to identify and locate
20-12 persons who can establish direct kinship or a community
20-13 relationship with a person whose remains constitute the burial.
20-14 (c) If the state archeologist is able to identify and locate
20-15 persons who can establish direct kinship or a community
20-16 relationship with a person whose remains constitute the burial, the
20-17 state archeologist shall consult with the persons and their
20-18 families and recognized community on the proper disposition of the
20-19 burial. If the state archeologist is not able to identify and
20-20 locate these persons, the state archeologist shall consult with the
20-21 advisory committee appointed under Section 192.009 of this code on
20-22 the proper disposition of the burial.
20-23 (d) A state archeologist who is making a disposition of a
20-24 burial over which the commission has temporary jurisdiction must
20-25 provide an opportunity for the person who owns the land on which
20-26 the burial is located to be heard by the state archeologist and, if
20-27 the advisory committee is involved in the disposition of the
21-1 burial, by the advisory committee appointed under Section 192.009
21-2 of this code.
21-3 (e) The state archeologist may recommend, as part of the
21-4 disposition of the burial under this section, that the commission
21-5 assume permanent jurisdiction over the burial.
21-6 Sec. 192.006. PERMANENT JURISDICTION OVER BURIAL FOUND ON
21-7 PRIVATE LAND. (a) If the state archeologist recommends that the
21-8 commission assume permanent jurisdiction over the burial, the
21-9 commission may assume the jurisdiction with the approval of the
21-10 affected property owner.
21-11 (b) The commission's assumption of permanent jurisdiction
21-12 over a burial on private property does not allow public access to
21-13 the private property.
21-14 Sec. 192.007. REPORT TO STATE ARCHEOLOGIST. (a) A
21-15 professional archeologist or bioarcheologist who conducts an
21-16 archeological investigation or scientific analysis of a burial and
21-17 associated human remains or burial objects recovered from private
21-18 land shall submit a report of the findings to the state
21-19 archeologist before the first anniversary of the date that the
21-20 investigation is completed.
21-21 (b) Not later than the 15th day after the date on which the
21-22 state archeologist receives the findings, the state archeologist
21-23 shall submit a copy of the findings to the owner of the property
21-24 where the site is located.
21-25 (c) The archeologist or bioarcheologist retains the right to
21-26 publish the findings.
21-27 Sec. 192.008. EXCAVATION NOT REQUIRED. This chapter does
22-1 not require excavation of a burial unless excavation is necessary
22-2 to prevent destruction of human remains or associated burial
22-3 objects.
22-4 Sec. 192.009. ADVISORY COMMITTEE. The commission shall
22-5 appoint an advisory committee to advise the state archeologist on
22-6 the disposition of burials under Section 192.005 of this code and
22-7 other matters relating to the administration of this chapter.
22-8 Sec. 192.010. RELATIONSHIP WITH OTHER LAW. This chapter
22-9 prevails over Chapter 191 of this code to the extent of any
22-10 conflict.
22-11 Sec. 192.011. COMPENSATION OF PROPERTY OWNERS; REPORT;
22-12 EXPIRATION OF CHAPTER. (a) The commission and the state
22-13 archeologist shall study appropriate methods for compensating a
22-14 property owner whose property becomes subject to the jurisdiction
22-15 of the commission under this chapter. The commission shall issue a
22-16 report recommending appropriate methods for compensation and any
22-17 legislation required to implement those methods, and shall file the
22-18 report with the presiding officer of each house of the legislature
22-19 not later than February 1, 1997.
22-20 (b) This chapter expires September 1, 1997.
22-21 SECTION 14. Section 191.133, Natural Resources Code, is
22-22 amended to read as follows:
22-23 Sec. 191.133. Entry Without Consent. Except as provided by
22-24 Section 711.013, Health and Safety Code, a <No> person who is not
22-25 the owner, and does not have the consent of the owner, proprietor,
22-26 lessee, or person in charge, may not enter or attempt to enter on
22-27 the enclosed land of another and intentionally injure, disfigure,
23-1 remove, excavate, damage, take, dig into, or destroy any historical
23-2 structure, monument, marker, medallion, or artifact, or any
23-3 prehistoric or historic archeological site, American Indian or
23-4 aboriginal campsite, artifact, burial, ruin, or other archeological
23-5 remains located in, on, or under any private land within the State
23-6 of Texas.
23-7 SECTION 15. (a) Section 42.105, Penal Code, as added by
23-8 this Act, applies only to an offense committed on or after the
23-9 effective date of this Act. For purposes of this section, an
23-10 offense is committed before the effective date of this Act if any
23-11 element of the offense occurs before that date.
23-12 (b) An offense committed before the effective date of this
23-13 Act is governed by the law in effect when the offense was
23-14 committed, and the former law is continued in effect for that
23-15 purpose.
23-16 (c) Not later than December 31, 1993, the Texas Historical
23-17 Commission shall make the appointments required under Section
23-18 192.009, Natural Resources Code, as added by this Act. The state
23-19 archeologist shall call the first meeting of the advisory committee
23-20 established under Section 192.009, Natural Resources Code, as added
23-21 by this Act. The meeting must be held before April 1, 1994.
23-22 SECTION 16. This Act takes effect September 1, 1993.
23-23 SECTION 17. The importance of this legislation and the
23-24 crowded condition of the calendars in both houses create an
23-25 emergency and an imperative public necessity that the
23-26 constitutional rule requiring bills to be read on three several
23-27 days in each house be suspended, and this rule is hereby suspended.