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. The notice must contain a legal 2-4 description of the land on which the unknown or abandoned cemetery 2-5 was found and describe the approximate location of the cemetery and 2-6 the evidence of the cemetery that was discovered. 2-7 (b) A county clerk may not charge a fee for filing notice 2-8 under this section. 2-9 SECTION 2. Subchapter C, Chapter 711, Health and Safety 2-10 Code, is amended by adding Section 711.042 to read as follows: 2-11 Sec. 711.042. AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION. 2-12 A nonprofit cemetery organization organized by plot owners may: 2-13 (1) divide cemetery property into lots and 2-14 subdivisions for cemetery purposes; 2-15 (2) charge assessments on the property for the 2-16 purposes of general improvement and maintenance; and 2-17 (3) take any action, to the same extent and for the 2-18 same purposes as a for-profit cemetery corporation, that is 2-19 necessary to carry out the organization's business purposes, which 2-20 include the business purposes necessarily incident to the burial 2-21 and disposal of human remains, including any action necessary to: 2-22 (A) convey property or other assets of the 2-23 organization; 2-24 (B) borrow money; 2-25 (C) pledge or mortgage the property or other 2-26 assets of the organization to secure the organization's 2-27 indebtedness or other obligations; 3-1 (D) lend money and take security for the loan in 3-2 furtherance of its business purposes; and 3-3 (E) conduct any business activity or business 3-4 directly or by or through one or more subsidiaries. 3-5 SECTION 3. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force from and after its 3-11 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 817 was passed by the House on May 8, 1999, by the following vote: Yeas 143, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 817 on May 26, 1999, by the following vote: Yeas 136, Nays 4, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 817 was passed by the Senate, with amendments, on May 24, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor