By Armbrister S.B. No. 1316
74R7751 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the bodies interred in certain unknown and abandoned
1-3 cemeteries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 711, Health and Safety
1-6 Code, is amended by adding Section 711.010 to read as follows:
1-7 Sec. 711.010. UNKNOWN AND ABANDONED CEMETERY IN URBAN AREA.
1-8 (a) A county court may order that remains, including cremated
1-9 remains, may be removed from a cemetery and reinterred in a
1-10 perpetual care cemetery if:
1-11 (1) the cemetery is located in an incorporated
1-12 municipality in an area that is restricted to or zoned for single
1-13 or multi-family residential use;
1-14 (2) the cemetery is not administered by a cemetery
1-15 corporation, cemetery association, or other entity dedicated to a
1-16 cemetery purpose; and
1-17 (3) the record title owner of the property on which
1-18 the cemetery is located did not have actual notice of the existence
1-19 of the cemetery at the time the owner acquired the property.
1-20 (b) An action under this section may be commenced by
1-21 petition of the holder of record title of the property on which the
1-22 cemetery is located.
1-23 (c) Except as provided by Subsection (d), the court may not
1-24 order the removal and reinterment of remains under Subsection (a)
2-1 unless notice of the hearing for removal and reinterment has been
2-2 provided to the person who may give consent to the removal of
2-3 remains under Section 711.004(a). The notice requirement of this
2-4 subsection is satisfied by:
2-5 (1) personal notice given not later than the 11th day
2-6 before the date of the hearing; or
2-7 (2) notice by certified or registered mail that is
2-8 deposited in the United States mail not later than the 16th day
2-9 before the date of the hearing.
2-10 (d) If a person listed under Section 711.004(a) cannot be
2-11 located, notice must be provided by publication in the county where
2-12 the cemetery is located once each week for four consecutive weeks.
2-13 The first publication must be made not later than the 28th day
2-14 before the date on which the hearing is to be held.
2-15 (e) The record title owner of the property on which the
2-16 cemetery is located shall pay for the removal and reinterment. The
2-17 reinterment shall be in a perpetual care cemetery.
2-18 (f) The person who removes remains from a cemetery under a
2-19 court order issued under this section shall file with the court a
2-20 report of the removal that includes:
2-21 (1) the date the remains are removed;
2-22 (2) the name and age at death of the decedent if those
2-23 facts are known or can be conveniently obtained; and
2-24 (3) the place in which the remains are reinterred.
2-25 (g) An action under this section shall be brought in the
2-26 county in which the cemetery is located.
2-27 SECTION 2. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.