76R13787 DLF-F
By Jones of Dallas H.B. No. 817
Substitute the following for H.B. No. 817:
By Chavez C.S.H.B. No. 817
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.