By:  Krusee                                           H.B. No. 1798
       73R5075 RWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment and use of cemeteries by an organized
    1-3  religious society or denomination.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 711.008(a), Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        (a)  Except as provided by Subsections (b), (c), and (e) and
    1-8  Section 711.0081, an individual, corporation, or association may
    1-9  not inter 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        SECTION 2.  Subchapter A, Chapter 711, Health and Safety
   1-21  Code, is amended by adding Section 711.0081 to read as follows:
   1-22        Sec. 711.0081.  CEMETERIES OF ORGANIZED RELIGIOUS SOCIETIES
   1-23  OR DENOMINATIONS.  (a)  An organized religious society or
   1-24  denomination may establish, use, and operate, and inter remains in,
    2-1  a cemetery located on property owned by the society or
    2-2  denomination, regardless of whether the cemetery is within the
    2-3  boundaries of or inside the prohibited distance from a municipality
    2-4  if:
    2-5              (1)  the total contiguous property on which the
    2-6  cemetery is located is 10 acres or more;
    2-7              (2)  the principal church building of the particular
    2-8  society or denomination is located on the property on which the
    2-9  cemetery is located;
   2-10              (3)  the total area that comprises the cemetery is 10
   2-11  percent or less of the total property on which the cemetery is
   2-12  located;
   2-13              (4)  the cemetery is used for the interment of the
   2-14  remains of decedents who were members of the religious society or
   2-15  denomination or were within the second degree of consanguinity or
   2-16  affinity of a member, as determined under Article 5996h, Revised
   2-17  Statutes; and
   2-18              (5)  the cemetery is in compliance with any applicable
   2-19  municipal ordinance.
   2-20        (b)  This section does not apply to a cemetery heretofore
   2-21  established and operating.
   2-22        (c)  An organized religious society or denomination that
   2-23  establishes, uses, operates, or inters remains in a cemetery under
   2-24  this section shall comply with all other applicable laws relating
   2-25  to the establishment, operation, and use of a cemetery and to the
   2-26  interment of remains.
   2-27        SECTION 3.  This Act takes effect January 1, 1994.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.