By Jones of Dallas                                     H.B. No. 817
         76R13787 DLF-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to regulation of cemeteries.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 711, Health and Safety
 1-5     Code, is amended by adding Sections 711.010-711.011 to read as
 1-6     follows:
 1-7           Sec. 711.010.  UNKNOWN OR ABANDONED CEMETERY.  (a)  The owner
 1-8     of property on which an unknown cemetery is discovered or on which
 1-9     an abandoned cemetery is located may not construct improvements on
1-10     the property in a manner that would further disturb the cemetery
1-11     until the human remains interred in the cemetery are removed under
1-12     a written order issued by the state registrar or the state
1-13     registrar's designee under Section 711.004(f).
1-14           (b)  On petition of the owner of the property, a district
1-15     court of the county in which an unknown cemetery is discovered or
1-16     an abandoned cemetery is located shall order the removal of any
1-17     dedication for cemetery purposes that affects the property.  If all
1-18     human remains on the property have not previously been removed, the
1-19     court shall order the removal of the human remains from the
1-20     cemetery to a perpetual care cemetery. A petition under this
1-21     subsection shall be made ex parte in the name of the owner of the
1-22     property without naming any defendant or joinder of any other
1-23     person.
1-24           Sec. 711.011.  FILING RECORD OF UNKNOWN CEMETERY.  (a)  A
 2-1     person who discovers an unknown or abandoned cemetery shall file
 2-2     notice of the cemetery with the county clerk of the county in which
 2-3     the cemetery is located.
 2-4           (b)  A county clerk may not charge a fee for filing notice
 2-5     under this section.
 2-6           SECTION 2.  Subchapter C, Chapter 711, Health and Safety
 2-7     Code, is amended by adding Section 711.042 to read as follows:
 2-8           Sec. 711.042.  AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION.
 2-9     A nonprofit cemetery organization organized by plot owners may:
2-10                 (1)  divide cemetery property into lots and
2-11     subdivisions for cemetery purposes;
2-12                 (2)  charge assessments on the property for the
2-13     purposes of general improvement and maintenance; and
2-14                 (3)  take any action, to the same extent and for the
2-15     same purposes as a for-profit cemetery corporation, that is
2-16     necessary to carry out the organization's business purposes, which
2-17     include the business purposes necessarily incident to the burial
2-18     and disposal of human remains, including any action necessary to:
2-19                       (A)  convey property or other assets of the
2-20     organization;
2-21                       (B)  borrow money;
2-22                       (C)  pledge or mortgage the property or other
2-23     assets of the organization to secure the organization's
2-24     indebtedness or other obligations;
2-25                       (D)  lend money and take security for the loan in
2-26     furtherance of its business purposes; and
2-27                       (E)  conduct any business activity or business
 3-1     directly or by or through one or more subsidiaries.
 3-2           SECTION 3.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended,
 3-7     and that this Act take effect and be in force from and after its
 3-8     passage, and it is so enacted.