HBA-MPM, DMD H.B. 817 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 817
By: Jones, Jesse
State, Federal & International Relations
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

In addition to human remains, cemeteries also contain historical
information about our society and its various cultures.  Prior to the 76th
Legislature state laws were enacted to protect cemeteries, however, they
have been inadequate in protecting cemeteries and graves from destruction
and desecration by some land owners, land developers, and governmental
units.  H.B. 817 amends existing laws to strengthen protection of
cemeteries.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 711, Health and Safety Code, by
adding Sections 711.010-711.011, as follows: 

Sec. 711.010.  UNKNOWN OR ABANDONED CEMETERY.  (a)  Prohibits the owner of
property on which an unknown cemetery is discovered or on which an
abandoned cemetery is located from constructing improvements on the
property in a manner which would disturb the cemetery until the human
remains interred are removed under a written order issued by the state
registrar or the registrar's designee under Section 711.004(f) (Removal of
Remains), Health and Safety Code, which provides that except as is
authorized for a justice of the peace acting as coroner or medical
examiner, remains may not be removed from a cemetery except on the written
order of the state registrar or the registrar's designee, and requires a
cemetery organization to keep a duplicate copy of the order as part of its
records. 

(b)  Requires a district court of the county in which an unknown cemetery
is discovered or an abandoned cemetery is located to order the removal of
any dedication for cemetery purposes that affects the property upon
petition of the property owner.  Requires the court to order the removal of
human remains from the cemetery to a perpetual care cemetery if all remains
have not been previously removed.  Requires a petition made by the property
owner to be made ex parte in the name of the owner without naming any
defendant or joinder of any other person. (According to Black's Law
Dictionary, Sixth Edition, "ex parte" means on one side only; by or for one
party; done for, in behalf of, or on the application of, one party only.) 

Sec. 711.011.  FILING RECORD OF UNKNOWN CEMETERY.  Requires a person who
discovers an unknown or abandoned cemetery to file notice of that cemetery
with the county clerk of the county where the cemetery is located. Provides
that the notice must contain a legal description of the land on which the
unknown or abandoned cemetery was found and describe the approximate
location of the cemetery and the evidence of the cemetery that was
discovered. Prohibits the county clerk from charging a fee for filing
notice under this section.  
SECTION 2.  Amends Subchapter C, Chapter 711, Health and Safety Code, by
adding Section 711.042, Health and Safety Code, as follows: 

 Sec. 711.042. AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION. Authorizes a
nonprofit cemetery organization (organization) organized by plot owners to
divide cemetery property into lots and subdivisions for cemetery purposes;
charge assessments on the property for the purposes of general improvement
and maintenance; and take any action, to the same extent and for the same
purposes as for a for-profit organization, necessary to carry out the
organization's business purposes, including those necessarily incident to
the burial and disposal of human remains, including certain necessary
actions. 

SECTION 3.Emergency clause.
  Effective date: upon passage.