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.