By Sibley                                       S.B. No. 1132

      75R4767 MCK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of lawn crypts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 711.001(19), Health and Safety Code, is

 1-5     amended to read as follows:

 1-6                 (19)  "Lawn crypt" means a subsurface [concrete and

 1-7     reinforced steel] receptacle installed in multiple units for burial

 1-8     of human remains.

 1-9           SECTION 2.  Chapter 711, Health and Safety Code, is amended

1-10     by adding Subchapter E to read as follows:

1-11                         SUBCHAPTER E.  LAWN CRYPTS

1-12           Sec. 711.061.  REQUIREMENTS FOR LAWN CRYPTS.  A lawn crypt

1-13     may not be installed unless:

1-14                 (1)  the lawn crypt is constructed of concrete and

1-15     reinforced steel or other comparably durable material;

1-16                 (2)  the lawn crypt is installed on not less than six

1-17     inches of rock, gravel, or other drainage material;

1-18                 (3)  the lawn crypt contains a method to drain water

1-19     out of the lawn crypt;

1-20                 (4)  the outside top surface of the lawn crypt at the

1-21     time of installation is not less than 1-1/2 feet below the surface

1-22     of the ground as required by Section 714.001(a)(2) and is capable

1-23     of withstanding the weight of the soil and sod above the top

1-24     surface and the weight of machinery and equipment normally used in

 2-1     the maintenance of the cemetery;

 2-2                 (5)  the lawn crypt is installed in a garden or other

 2-3     section of the cemetery that has been dedicated for lawn crypt

 2-4     interment purposes in accordance with Section 711.034; and

 2-5                 (6)  except as provided by Section 711.062, the lawn

 2-6     crypt is installed in multiple units of 10 or more.

 2-7           Sec. 711.062.  REQUEST TO INSTALL LAWN CRYPT IN FEWER THAN 10

 2-8     UNITS.  A lawn crypt may be installed in fewer than 10 units if it

 2-9     is installed in a plot pursuant to the plot owner's written request

2-10     that is in substantially the following form:

2-11                "REQUEST FOR INSTALLATION OF A LAWN CRYPT IN

2-12                             FEWER THAN 10 UNITS

2-13           I, (plot owner's name and address), request (name of cemetery

2-14     organization) to install a lawn crypt consisting of (number of)

2-15     units in the following location (description of plots) in (name and

2-16     address of cemetery).

2-17           The lawn crypt must meet the requirements of Section 711.061,

2-18     Health and Safety Code:

2-19                 (1)  the lawn crypt must be constructed of concrete and

2-20     reinforced steel or other comparably durable material;

2-21                 (2)  the lawn crypt must be installed on not less than

2-22     six inches of rock, gravel, or other drainage material;

2-23                 (3)  the lawn crypt must contain a method to drain

2-24     water out of the lawn crypt;

2-25                 (4)  the outside top surface of the lawn crypt at the

2-26     time of installation must not be less than 1-1/2 feet below the

2-27     surface of the ground as required by Section 714.001(a)(2), Health

 3-1     and Safety Code, and be capable of withstanding the weight of the

 3-2     soil and sod above the top surface and the weight of machinery and

 3-3     equipment normally used in the maintenance of the cemetery; and

 3-4                 (5)  the plot in which the lawn crypt is to be

 3-5     installed must be located in a garden or other section of the

 3-6     cemetery that is dedicated for lawn crypt interment purposes in

 3-7     accordance with Section 711.034, Health and Safety Code.

 3-8           Dated (month, day, year).

 3-9                                             (signature of plot owner)."

3-10           SECTION 3.  This Act takes effect September 1, 1997, and

3-11     applies to the installation of lawn crypts on or after that date.

3-12           SECTION 4.  The importance of this legislation and the

3-13     crowded condition of the calendars in both houses create an

3-14     emergency and an imperative public necessity that the

3-15     constitutional rule requiring bills to be read on three several

3-16     days in each house be suspended, and this rule is hereby suspended.