By Jones of Dallas                                    H.B. No. 2546
       74R6287 KLL-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of cemeteries and places of burial;
    1-3  providing criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 711.001, Health and Safety Code, is
    1-6  amended by adding Subdivisions (29) and (30) to read as follows:
    1-7              (29)  "Professional archeologist" means a person
    1-8  certified by the Society of Professional Archeologists or approved
    1-9  by the state archeologist as meeting the qualifications for
   1-10  certification.
   1-11              (30)  "Archeological study" means the systematic
   1-12  recovery by scientific methods of material evidence from real
   1-13  property and the detailed study of the evidence using methods and
   1-14  procedures adopted by the Society of Professional Archeologists or
   1-15  customarily used by professional archeologists.
   1-16        SECTION 2.  Section 711.003, Health and Safety Code, is
   1-17  amended to read as follows:
   1-18        Sec. 711.003.  Records of Interment.  (a)  A record shall be
   1-19  kept of each interment in a cemetery.  The record must include:
   1-20              (1)  the date the remains are received;
   1-21              (2)  the date the remains are interred;
   1-22              (3)  the name and age of the person interred if those
   1-23  facts can be conveniently obtained; and
   1-24              (4)  the identity of the plot in which the remains are
    2-1  interred.
    2-2        (b)  Records kept under this section are public information
    2-3  and shall be made available during regular business hours.  A
    2-4  reasonable number of copies of records may be obtained so as not to
    2-5  interfere with the regular business of the cemetery.  If a cemetery
    2-6  does not have facilities to maintain the records and make them
    2-7  available to the public, the records may be filed with the
    2-8  municipal clerk of the municipality in which the cemetery is
    2-9  located or in the public library in the county or municipality.
   2-10        (c)  Records kept under this section shall be filed with the
   2-11  county clerk of the county in which the cemetery is located.  The
   2-12  county clerk may collect a fee under this subsection in an amount
   2-13  permitted by law.
   2-14        (d)  Records kept under this section shall be filed annually
   2-15  with the state archives.  The state archives may collect a fee
   2-16  under this subsection in an amount reasonable and necessary to
   2-17  defray the costs of administering this subsection.
   2-18        SECTION 3.  Section 711.007, Health and Safety Code, is
   2-19  amended by adding Subsections (e) and (f) to read as follows:
   2-20        (e)  In determining whether to enjoin the use of a cemetery
   2-21  or abate a cemetery, the court shall order an archeological study
   2-22  to be conducted by a professional archeologist.  The person seeking
   2-23  the injunction or abatement is liable for the cost of the study.
   2-24  The study shall be conducted over an area that extends 150 feet
   2-25  beyond the visible boundary of the cemetery.
   2-26        (f)  A person required to conduct an archeological study has
   2-27  a right of access to property on which the study is required to be
    3-1  conducted.
    3-2        SECTION 4.  Section 711.008, Health and Safety Code, is
    3-3  amended to read as follows:
    3-4        Sec. 711.008.  Location of Cemetery.  (a)  A person may not
    3-5  establish or expand a cemetery in a municipality unless the person
    3-6  files an application with the governing body of the municipality in
    3-7  which the cemetery is proposed to be established or expanded and
    3-8  the municipality grants the application <Except as provided by
    3-9  Subsections (b), (c), and (k), an individual, corporation,
   3-10  partnership, firm, trust, or association may not establish or
   3-11  operate a cemetery, or use any land for the interment of remains,
   3-12  located:>
   3-13              <(1)  in or within one mile of the boundaries of a
   3-14  municipality with a population of 5,000 to 25,000;>
   3-15              <(2)  in or within two miles of the boundaries of a
   3-16  municipality with a population of 25,000 to 50,000;>
   3-17              <(3)  in or within three miles of the boundaries of a
   3-18  municipality with a population of 50,000 to 100,000;>
   3-19              <(4)  in or within four miles of the boundaries of a
   3-20  municipality with a population of 100,000 to 200,000; or>
   3-21              <(5)  in or within five miles of the boundaries of a
   3-22  municipality with a population of at least 200,000.>
   3-23        <(b)  Subsection (a) does not apply to:>
   3-24              <(1)  a cemetery heretofore established and operating;
   3-25  or>
   3-26              <(2)  the establishment and use of a columbarium by an
   3-27  organized religious society or sect as part of or attached to the
    4-1  principal church building owned by the society or sect>.
    4-2        (b) <(c)>  A cemetery organization operating a cemetery that
    4-3  heretofore was used and maintained in a municipality <inside the
    4-4  limits prescribed by Subsection (a)> may acquire land that is
    4-5  adjacent but not necessarily contiguous to the cemetery for
    4-6  cemetery purposes if additional land is required.  That land may
    4-7  only be used as an addition to the cemetery.  A cemetery
    4-8  organization must comply with the application requirements under
    4-9  Subsection (a).
   4-10        (c)  The governing body of a municipality by ordinance shall
   4-11  prescribe the information required in an application filed under
   4-12  this section or under regulations adopted by the governing body.
   4-13        (d)  The governing body of a municipality shall conduct a
   4-14  public hearing on the application after publishing notice in a
   4-15  newspaper of general circulation in the municipality not more than
   4-16  60 days or less than 30 days before the hearing begins.  In
   4-17  addition, the person seeking to establish or expand the cemetery
   4-18  shall give notice within that period by certified mail to each
   4-19  property owner whose land is located within 200 feet of the
   4-20  boundaries of the cemetery or proposed cemetery and to all
   4-21  surviving owners of plats within 200 feet of the boundaries in an
   4-22  existing cemetery.
   4-23        (e)  The person who files the application shall pay the costs
   4-24  for providing notice under Subsection (d).
   4-25        (f)  The governing body may grant  the application if it
   4-26  determines that the establishment or use of the cemetery does not
   4-27  adversely affect public health, safety, and welfare.
    5-1        (g)  Before the person may establish or use the cemetery, the
    5-2  application  must be granted by each municipality required to
    5-3  receive an application under this section.
    5-4        (h)  This section does not apply to:
    5-5              (1)  a family, fraternal, or community cemetery of less
    5-6  than five acres; or
    5-7              (2)  a church, a religious society or denomination, or
    5-8  an organization solely administering the temporalities of a church
    5-9  or religious society or denomination  <(d)  Subsection (a) does not
   5-10  apply to a cemetery established and operating before September 1,
   5-11  1995, in a county with a population of more than 217,250 and less
   5-12  than 217,450 that borders the Gulf of Mexico.>
   5-13        <(e)  For the purpose of determining where a cemetery may be
   5-14  located under Subsection (a), the boundary of an area annexed by a
   5-15  municipality is not considered to be a boundary of the municipality
   5-16  if no more than 10 percent of the boundary of the annexed area is
   5-17  composed of a part of the boundary of the annexing municipality as
   5-18  it existed immediately before the annexation.>
   5-19        <(k)  This subsection applies only to a municipality with a
   5-20  population of 100,000 or more that is located in a county with a
   5-21  population of less than 120,000.  Not later than September 1, 1994,
   5-22  a person may file a written application with the governing body of
   5-23  the municipality to establish or use a cemetery located inside the
   5-24  boundaries of the municipality.  The municipality by ordinance
   5-25  shall prescribe the information to be included in the application.
   5-26  The governing body by ordinance may authorize the establishment or
   5-27  use of a cemetery located inside the boundaries of the municipality
    6-1  if the municipality determines and states in the ordinance that the
    6-2  establishment or use of the cemetery does not adversely affect
    6-3  public health, safety, and welfare>.
    6-4        SECTION 5.  Subchapter A, Chapter 711, Health and Safety
    6-5  Code, is amended by adding Sections 711.010-711.015 to read as
    6-6  follows:
    6-7        Sec. 711.010.  LOCAL STANDARDS; CEMETERY ADVISORY BOARD.  (a)
    6-8  The governing body of a county or municipality may adopt
    6-9  regulations to preserve and protect cemeteries in the county or
   6-10  municipality and to provide standards of operation  and
   6-11  maintenance.  If there is a conflict in regulations adopted by a
   6-12  county and by a municipality, the regulations of the municipality
   6-13  control.
   6-14        (b)  The governing body of a county or municipality may adopt
   6-15  this subtitle or parts of this subtitle and may adopt additional
   6-16  regulations providing standards for cemeteries in the county or
   6-17  municipality to protect the health, safety, and welfare of the
   6-18  residents of the county or municipality.
   6-19        (c)  The governing body of a county or municipality may
   6-20  appoint a cemetery advisory board composed of five members to
   6-21  advise the governing body concerning standards of operation and
   6-22  maintenance, including the physical appearance, of cemeteries or
   6-23  parts of cemeteries located in the county or municipality.
   6-24        Sec. 711.011.  DESTRUCTION OF CEMETERY.  (a)  A property
   6-25  owner may not intentionally destroy, damage, or desecrate a
   6-26  cemetery located on or partly on the person's property and shall
   6-27  repair any damage intentionally or negligently done to the cemetery
    7-1  by the person.
    7-2        (b)  A property owner shall undertake reasonable efforts to
    7-3  determine whether a cemetery is located on property owned by the
    7-4  person before allowing any improvements to be constructed on the
    7-5  property.
    7-6        (c)  A person commits an offense if the person violates
    7-7  Subsection (a).  An offense under this subsection is a felony of
    7-8  the third degree.
    7-9        (d)  This section is cumulative and in addition to any
   7-10  provision of the Penal Code.
   7-11        Sec. 711.012.  DISCOVERY OF CEMETERY DURING CONSTRUCTION.
   7-12  (a)  A person who discovers an unknown, abandoned cemetery during
   7-13  construction may not continue the construction in a manner that
   7-14  would further disturb the cemetery until the person has sought and
   7-15  obtained a court order abating the cemetery and enjoining its
   7-16  continuance.
   7-17        (b)  A district court of the county in which the construction
   7-18  is occurring may authorize the removal of all bodies, monuments,
   7-19  tombs, or similar items from the cemetery to a perpetual care
   7-20  cemetery.
   7-21        (c)  The person required to abate the cemetery and relocate
   7-22  the graves shall pay the costs of relocation.
   7-23        (d)  If a district court authorizes the removal of graves,
   7-24  the court shall order an archeological study to be conducted  by a
   7-25  professional archeologist.  The archeologist shall monitor the
   7-26  removal and relocation to ensure that all human remains are removed
   7-27  and relocated.  The archeological costs are part of the costs of
    8-1  relocation.
    8-2        Sec. 711.013.  FILING RECORD OF UNKNOWN CEMETERY.  (a)  A
    8-3  person who discovers an unknown, abandoned cemetery shall file
    8-4  notice of the cemetery with the county clerk of the county in which
    8-5  the cemetery is located.
    8-6        (b)  A county clerk may not charge a fee for filing notice
    8-7  under this section.
    8-8        Sec. 711.014.  GRAVE MARKERS AND HEADSTONES.  (a)  A person
    8-9  may not require another person, by regulation or otherwise, to
   8-10  purchase a grave marker or headstone from a particular vendor or
   8-11  manufacturer.
   8-12        (b)  A person may not require, by resolution or otherwise,
   8-13  that a grave marker or headstone be set in place by a particular
   8-14  person or charge a fee for setting the markers unless employed to
   8-15  do so by the plot owner or the person authorized to act for the
   8-16  plot owner.
   8-17        (c)  A cemetery association may establish a reasonable fee
   8-18  for the location, supervision, and amendment of records related to
   8-19  the installation of markers and headstones.
   8-20        (d)  A cemetery association may require that persons
   8-21  installing headstones or markers provide proof of adequate general
   8-22  liability and workers' compensation insurance coverage.
   8-23        Sec. 711.015.  NOTICE OF CHANGE IN USE.  (a)  If there is a
   8-24  proposed change in use of a part of a cemetery, the cemetery owner
   8-25  or organization shall send notice by certified mail to each
   8-26  surviving person who owns a plot within 200 feet of the boundaries
   8-27  of that change in use.   The notice shall be sent not more than 60
    9-1  days or less than 30 days before the public hearing on the change
    9-2  and must state the time and place of the public hearing.
    9-3        (b)  The provisions of this chapter governing the
    9-4  establishment or expansion of a cemetery apply to a change in use
    9-5  of a cemetery.
    9-6        SECTION 6.  Section 711.024, Health and Safety Code, is
    9-7  amended to read as follows:
    9-8        Sec. 711.024.  AUTHORITY OF <NONPROFIT> CEMETERY ORGANIZATION
    9-9  <CORPORATION>.  (a) A <nonprofit> cemetery organization
   9-10  <corporation> organized by plot owners may divide cemetery property
   9-11  into lots and subdivisions for cemetery purposes and charge
   9-12  assessments on the property for the purposes of general improvement
   9-13  and maintenance.
   9-14        (b)  An owner, director, or board of directors of a cemetery
   9-15  organization may not remove a dedication from property dedicated
   9-16  for cemetery purposes except as provided by this chapter.
   9-17        SECTION 7.  Section 711.031, Health and Safety Code, is
   9-18  amended by adding Subsection (d) to read as follows:
   9-19        (d)  A rule adopted by a cemetery association may not be less
   9-20  stringent than or conflict with a regulation adopted by the
   9-21  governing body of the county or municipality in which the cemetery
   9-22  is located.
   9-23        SECTION 8.  Sections 711.033(b) and (d), Health and Safety
   9-24  Code, are amended to read as follows:
   9-25        (b)  A cemetery organization that acquires property may
   9-26  record title to its property with the county clerk of the county in
   9-27  which the property is located if its president and secretary or
   10-1  other authorized officer acknowledge a declaration executed by the
   10-2  cemetery organization that describes the property and declares the
   10-3  cemetery organization's intention to use the property or a part of
   10-4  the property for interment purposes.  The declaration shall be
   10-5  filed with the county clerk of the county or the clerk of the
   10-6  municipality in which the property is located.
   10-7        (d)  A cemetery organization may by condemnation acquire
   10-8  property in which remains are to <may> be interred, and the
   10-9  acquisition of that property is for a public purpose.
  10-10        SECTION 9.  Sections 711.034(b) and (e), Health and Safety
  10-11  Code, are amended to read as follows:
  10-12        (b)  The cemetery organization shall file the map or plat
  10-13  with the county clerk of each county and the clerk of each
  10-14  municipality in which the property or any part of the property is
  10-15  located.  A filing fee may not be charged under this section.
  10-16        (e)  The certificate or declaration may not contain a
  10-17  provision permitting the directors by order to resurvey and change
  10-18  the shape and size of the property for which the associated map or
  10-19  plat is filed without applying to the governing body of the county
  10-20  or municipality in which the cemetery is located and obtaining its
  10-21  approval <if that change does not disturb any interred remains>.
  10-22  If a change is made, the cemetery organization shall file an
  10-23  amended map or plat.
  10-24        SECTION 10.  Section 711.036, Health and Safety Code, is
  10-25  amended to read as follows:
  10-26        Sec. 711.036.  REMOVAL OF DEDICATION FOR ANY TYPE OF
  10-27  CEMETERY.  (a)  Land that is or has been dedicated for cemetery
   11-1  purposes shall remain dedicated until the dedication is removed by
   11-2  a district court as provided by this section.  This section applies
   11-3  to a perpetual care cemetery, nonperpetual care cemetery, or profit
   11-4  or nonprofit cemetery.
   11-5        (b)  A <cemetery organization may petition a> district court
   11-6  of a <the> county in which a <its> dedicated cemetery is located
   11-7  may, by order, <to> remove the dedication <with respect to all or
   11-8  any portion of the cemetery> if<:>
   11-9              <(1)>  all the remains have been removed from that
  11-10  portion of the cemetery where the dedication is to be removed in
  11-11  accordance with this section<; or>
  11-12              <(2)  no interments were made in that portion of the
  11-13  cemetery where the dedication is to be removed and that portion of
  11-14  the cemetery is not used or necessary for interment purposes.>
  11-15        <(b)  The court shall order the removal of the dedication on
  11-16  notice and proof satisfactory to the court>.
  11-17        (c)  A cemetery organization may not remove any remains from
  11-18  an existing grave in a cemetery until the organization has
  11-19  petitioned a district court in the county in which the cemetery is
  11-20  located for a court order abating the use of that portion of the
  11-21  cemetery for cemetery purposes and enjoining its continuance as a
  11-22  cemetery.
  11-23        (d)  A district court of the county in which the cemetery is
  11-24  located may authorize the removal of all bodies, monuments, tombs,
  11-25  or similar items from the portion of the cemetery to another
  11-26  portion of the cemetery or to a perpetual care cemetery if the
  11-27  court finds that the cemetery organization has notified all living
   12-1  owners of plots in the cemetery and, to the extent the cemetery has
   12-2  in its records such information, a surviving relative of each
   12-3  person whose remains are to be moved and has given those persons so
   12-4  notified an opportunity to protest the removal of the dedication.
   12-5  The court shall consider the reason for the removal of the
   12-6  dedication and the protests of plot owners and survivors of plot
   12-7  owners.  The court may not permit the removal of a cemetery
   12-8  dedication for the construction of a public road or highway or the
   12-9  construction of any commercial, funeral, or residential building on
  12-10  the dedicated property.
  12-11        (e)  The cemetery organization seeking to remove the
  12-12  dedication shall pay for the cost of relocation of graves.
  12-13        (f)  A dedication may not be removed until the cemetery
  12-14  organization seeking the removal has conducted an archeological
  12-15  study by a professional archeologist.
  12-16        (g)  If the court authorizes the removal of the cemetery
  12-17  dedication, the court shall order the cemetery organization to
  12-18  employ a professional archeologist to monitor the removal and
  12-19  relocation of the remains to ensure that all human remains are
  12-20  removed.  All costs of the archeologist's services shall be paid by
  12-21  the cemetery organization seeking the removal of the dedication.
  12-22        (h)  A proceeding may be brought by:
  12-23              (1)  the governing body of a municipality if the
  12-24  cemetery is located in the municipality or not farther than five
  12-25  miles from the municipality;
  12-26              (2)  the district attorney of the county, if the
  12-27  cemetery is located in an area of the county not described by
   13-1  Subdivision (1);
   13-2              (3)  the owner of property situated so that its value
   13-3  is affected by the cemetery; or
   13-4              (4)  the owner, operator, director, board of directors,
   13-5  other governing board, or chairman of a cemetery.
   13-6        (i)  An owner, operator, director, board of directors, other
   13-7  governing board, or chairman of a cemetery may not unilaterally
   13-8  remove the dedication of a cemetery.
   13-9        SECTION 11.  Section 28.03(f), Penal Code, is amended to read
  13-10  as follows:
  13-11        (f)  An offense under this section is a felony of the third
  13-12  degree <state jail felony> if the damage or destruction is
  13-13  inflicted on a place of worship or human burial, a public monument,
  13-14  or a community center that provides medical, social, or educational
  13-15  programs and the amount of the pecuniary loss to real property or
  13-16  to tangible personal property is less than $20,000.
  13-17        SECTION 12.  Section 31.03, Penal Code, is amended by adding
  13-18  Subsection (g) to read as follows:
  13-19        (g)  A person who receives a tombstone or vase from another
  13-20  is presumed to know that the tombstone or vase has been previously
  13-21  stolen from a cemetery or place of burial unless the tombstone or
  13-22  vase is a new tombstone or vase that has never been used at a
  13-23  burial site  and the tombstone or vase is accompanied by a receipt
  13-24  for purchase from a burial products supplier.
  13-25        SECTION 13.  Section 42.08(b), Penal Code, is amended to read
  13-26  as follows:
  13-27        (b)  An offense under this section is a felony of the third
   14-1  degree <Class A misdemeanor>.
   14-2        SECTION 14.  Title 9, Natural Resources Code, is amended by
   14-3  adding Chapter 192 to read as follows:
   14-4                  CHAPTER 192.  DISCOVERY OF BURIALS
   14-5        Sec. 192.001.  DEFINITIONS.  In this chapter:
   14-6              (1)  "Burial" means a marked or unmarked place,
   14-7  excavation, or construction, including a pit, tomb, cairn, mound,
   14-8  or other facility in this state made or used for interment of human
   14-9  remains or burial objects.
  14-10              (2)  "Burial object" means an object located in a
  14-11  burial, including an item of personal adornment, a casket or casket
  14-12  hardware, or other similar objects or materials of archeological
  14-13  significance.
  14-14              (3)  "Commission" means the Texas Historical
  14-15  Commission.
  14-16              (4)  "Human remains" means the physical remains of a
  14-17  human body, including bone, teeth, mummified flesh, and ash found
  14-18  within a burial.
  14-19              (5)  "Medical examiner" means a person appointed under
  14-20  Section 2, Article 49.25, Code of Criminal Procedure.
  14-21              (6)  "Professional archeologist" means a person:
  14-22                    (A)  certified by the Society of Professional
  14-23  Archeologists; or
  14-24                    (B)  approved by the state archeologist as
  14-25  meeting the training and experience requirements for certification.
  14-26              (7)  "State archeologist" means the person employed by
  14-27  the Texas Historical Commission under Section 442.007, Government
   15-1  Code.
   15-2        Sec. 192.002.  DISCOVERY OF BURIAL.  (a)  Except as provided
   15-3  by Subsection (b), a person who discovers a burial shall stop any
   15-4  activity that may disturb the burial and notify the medical
   15-5  examiner who has authority over the area in which the burial is
   15-6  located or, if there is no medical examiner for the area, a justice
   15-7  of the peace for the county in which the burial is located.
   15-8        (b)  A person who discovers a burial during an archeological
   15-9  investigation conducted by a professional archeologist shall stop
  15-10  any activity that may disturb the burial and notify the
  15-11  archeologist in charge of the investigation.
  15-12        (c)  Activity that may disturb the burial may not resume
  15-13  without the approval of the medical examiner, justice of the peace,
  15-14  or archeologist.
  15-15        Sec. 192.003.  INVESTIGATION BY ARCHEOLOGIST.  (a)  An
  15-16  archeologist notified under Section 192.002 shall immediately
  15-17  investigate the burial and stop any activity that may disturb the
  15-18  burial.
  15-19        (b)  If the archeologist finds that the burial is that of a
  15-20  person who has been dead less than 75 years, the archeologist shall
  15-21  notify the medical examiner or justice of the peace, as
  15-22  appropriate.
  15-23        (c)  If the archeologist finds that the burial is that of a
  15-24  person who has been dead 75 years or longer, the archeologist shall
  15-25  notify the state archeologist immediately.
  15-26        (d)  Not later than the 15th day after the date the
  15-27  archeologist notifies the state archeologist, the archeologist
   16-1  shall:
   16-2              (1)  report to the state archeologist on the cultural
   16-3  and biological characteristics of the burial; and
   16-4              (2)  recommend temporary disposition of any human
   16-5  remains or burial objects.
   16-6        Sec. 192.004.  TEMPORARY JURISDICTION OVER BURIAL FOUND ON
   16-7  PRIVATE LAND.  (a)  After oral or written notice to the owner of
   16-8  private land on which a burial is found, the commission has
   16-9  temporary jurisdiction over the burial and associated human remains
  16-10  for the purpose of protecting, studying, and determining the
  16-11  appropriate disposition of the burial and associated remains as
  16-12  provided by Section 192.005.
  16-13        (b)  On or before the 60th day after the date the commission
  16-14  assumes temporary jurisdiction, the commission shall provide the
  16-15  landowner a proposed work plan that includes a description of the
  16-16  physical boundaries of the burial location and the proposed period
  16-17  during which temporary jurisdiction will be assumed.  The proposed
  16-18  work plan is effective on written approval of the landowner.
  16-19        (c)  The commission's assumption of temporary jurisdiction
  16-20  over a burial on private land does not allow public access on the
  16-21  private land.
  16-22        Sec. 192.005.  DISPOSITION OF BURIAL.  (a)  The state
  16-23  archeologist shall determine the proper disposition of a burial
  16-24  provided by this section.
  16-25        (b)  Before making a disposition, the state archeologist
  16-26  shall:
  16-27              (1)  determine the historical, archeological, or
   17-1  scientific significance of the burial and associated human remains
   17-2  and burial objects;
   17-3              (2)  appoint a bioarcheologist to examine the burial or
   17-4  remains and objects the state archeologist considers significant;
   17-5  and
   17-6              (3)  make reasonable efforts to identify and locate
   17-7  persons who can establish direct kinship or community relationships
   17-8  with a person whose remains are found at the burial.
   17-9        (c)  If the state archeologist is able to identify and locate
  17-10  persons who can establish direct kinship or community relationships
  17-11  with a person whose remains are found at the burial, the state
  17-12  archeologist shall consult with the persons and appropriate persons
  17-13  in the community on the proper disposition of the burial.
  17-14        (d)  The state archeologist who is making a disposition of a
  17-15  burial over which the commission has temporary jurisdiction must
  17-16  provide to the person who owns the land on which the burial is
  17-17  located an opportunity to be heard by the state archeologist.
  17-18        (e)  The state archeologist may recommend, as part of the
  17-19  disposition of the burial under this section, that the commission
  17-20  assume permanent jurisdiction over the burial and associated human
  17-21  remains or burial objects.
  17-22        Sec. 192.006.  PERMANENT JURISDICTION OVER BURIAL FOUND ON
  17-23  PRIVATE LAND.  (a)  After the state archeologist has made a
  17-24  disposition concerning a burial found on private land in which the
  17-25  state archeologist recommends that the commission assume permanent
  17-26  jurisdiction over the burial and associated human remains or burial
  17-27  objects, and the landowner has given approval, the commission may
   18-1  assume the jurisdiction.
   18-2        (b)  The commission's assumption of permanent jurisdiction
   18-3  over a burial on private land does not allow public access on the
   18-4  private land.
   18-5        Sec. 192.007.  REPORT TO STATE ARCHEOLOGIST.  (a)  A
   18-6  professional archeologist or bioarcheologist who conducts an
   18-7  archeological investigation or scientific analysis of a burial and
   18-8  associated human remains or burial objects recovered from private
   18-9  land shall submit a report of the findings to the state
  18-10  archeologist before the first anniversary of the date that the
  18-11  investigation is completed.
  18-12        (b)  Within two weeks of receiving the findings, the state
  18-13  archeologist shall submit a copy of the findings to the owner of
  18-14  the land on which the site is located.
  18-15        (c)  The archeologist or bioarcheologist retains all rights
  18-16  regarding publication of those findings.
  18-17        Sec. 192.008.  EXCAVATION NOT REQUIRED.  This chapter
  18-18  requires excavation of a human burial only if excavation is
  18-19  necessary to prevent destruction of the remains or associated
  18-20  burial objects.
  18-21        Sec. 192.009.  EXPIRATION.  If a suitable means cannot be
  18-22  found by September 1, 2000, to compensate the private landowner for
  18-23  the past and future assumption of jurisdiction of burial sites, the
  18-24  authority of this state to assume jurisdiction on private land
  18-25  terminates.
  18-26        Sec. 192.010.  DISTURBING A BURIAL.  (a)  A person commits an
  18-27  offense if the person intentionally or knowingly:
   19-1              (1)  disturbs, damages, or destroys a burial or a
   19-2  burial marker;
   19-3              (2)  removes any human remains or burial objects from a
   19-4  burial; or
   19-5              (3)  buys, sells, or barters human remains.
   19-6        (b)  An offense under Subsection (a) is a felony of the third
   19-7  degree.
   19-8        (c)  A person commits an offense if the person knows that a
   19-9  burial is being disturbed, damaged, or destroyed and the person
  19-10  intentionally or knowingly fails to notify a law enforcement agency
  19-11  whose jurisdiction includes the site of the burial that the burial
  19-12  is being disturbed, damaged, or destroyed.
  19-13        (d)  An offense under Subsection (c) is a Class A
  19-14  misdemeanor.
  19-15        (e)  It is an exception to the application of this section
  19-16  that the human remains or burial object was recovered under:
  19-17              (1)  Chapter 191, Natural Resources Code; or
  19-18              (2)  any applicable federal law, rule, or executive
  19-19  order, including:
  19-20                    (A)  16 U.S.C. Sections 469-469c-1;
  19-21                    (B)  Subchapter II, Chapter 1A, Title 16, United
  19-22  States Code;
  19-23                    (C)  Chapter 1B, Title 16, United States Code;
  19-24                    (D)  Executive Order No. 11,593, 36 C.F.R. 8921;
  19-25                    (E)  36 C.F.R. Section 800; or
  19-26                    (F)  the Archaeological Resources Protection Act
  19-27  of 1979, 16 U.S.C.  Section 470aa et seq.
   20-1        (f)  On conviction of an accused under this section, the
   20-2  state assumes jurisdiction as provided by this chapter over any
   20-3  human remains or burial objects associated with the offense.
   20-4        (g)  If conduct constituting an offense under this section
   20-5  also constitutes an offense under a section of the Penal Code, the
   20-6  person may be prosecuted under either section.
   20-7        SECTION 15.  (a)  The changes in law made by this Act apply
   20-8  only to an offense committed on or after the effective date of this
   20-9  Act.  For purposes of this section, an offense is committed before
  20-10  the effective date of this Act if any element of the offense occurs
  20-11  before that date.
  20-12        (b)  An offense committed before the effective date of this
  20-13  Act is covered by the law in effect when the offense was committed,
  20-14  and the former law is continued in effect for that purpose.
  20-15        SECTION 16.  This Act takes effect September 1, 1996.
  20-16        SECTION 17.  The importance of this legislation and the
  20-17  crowded condition of the calendars in both houses create an
  20-18  emergency and an imperative public necessity that the
  20-19  constitutional rule requiring bills to be read on three several
  20-20  days in each house be suspended, and this rule is hereby suspended.