SRC-JJJ H.B. 817 76(R)BILL ANALYSIS


Senate Research CenterH.B. 817
76R13787 DLF-FBy: Jones, Jesse (Armbrister)
Administration
5/13/1999
Committee Report (Amended)


DIGEST 

In addition to human remains, cemeteries also contain historical
information about our society and its various cultures.  Current state laws
have been 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 would
establish conditions regarding the regulation of cemeteries.  

PURPOSE

As proposed, H.B. 817 establishes conditions regarding the regulation of
cemeteries.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

Sec. 711.010.  UNKNOWN OR ABANDONED CEMETERY.  Prohibits an owner of
property on which an unknown cemetery is discovered  or on which an
abandoned cemetery is located from constructing improvements  on the
property that would further disturb the cemetery  until the human remains
interred in the cemetery are removed  under a written order issued by the
state registrar or the state registrar's designee.  Requires the district
court of the county, on petition of the owner of the property,  upon
discovery of a cemetery, to order the removal of any dedication  for
cemetery purposes that affects the property. Requires the court to order
the removal of human remains from the cemetery to a perpetual care
cemetery, if all human remains have not been previously removed.  Requires
a petition to be made ex parte in the name of the owner of the property
without naming any defendant or joinder of any other person. 

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

Sec. 711.042.  AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION.  Sets forth
conditions regarding the property and business purposes that a nonprofit
cemetery organization organized by plot owners is authorized to take.  

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