1-1     By:  Jones of Dallas (Senate Sponsor - Armbrister)     H.B. No. 817
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on
 1-4     Administration; May 14, 1999, reported favorably, as amended, by
 1-5     the following vote:  Yeas 5, Nays 0; May 14, 1999, sent to
 1-6     printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                               By:  Harris
 1-8     Amend H.B. 817 by Jones as follows:
 1-9           At the end of Sec. 711.011(a) after "located." add a new
1-10     sentence to read "The notice must contain a legal description of
1-11     the land on which the unknown, abandoned cemetery was found and
1-12     describe the approximate location of the cemetery and the evidence
1-13     of the cemetery that was discovered."
1-14                            A BILL TO BE ENTITLED
1-15                                   AN ACT
1-16     relating to regulation of cemeteries.
1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18           SECTION 1.  Subchapter A, Chapter 711, Health and Safety
1-19     Code, is amended by adding Sections 711.010-711.011 to read as
1-20     follows:
1-21           Sec. 711.010.  UNKNOWN OR ABANDONED CEMETERY.  (a)  The owner
1-22     of property on which an unknown cemetery is discovered or on which
1-23     an abandoned cemetery is located may not construct improvements on
1-24     the property in a manner that would further disturb the cemetery
1-25     until the human remains interred in the cemetery are removed under
1-26     a written order issued by the state registrar or the state
1-27     registrar's designee under Section 711.004(f).
1-28           (b)  On petition of the owner of the property, a district
1-29     court of the county in which an unknown cemetery is discovered or
1-30     an abandoned cemetery is located shall order the removal of any
1-31     dedication for cemetery purposes that affects the property.  If all
1-32     human remains on the property have not previously been removed, the
1-33     court shall order the removal of the human remains from the
1-34     cemetery to a perpetual care cemetery. A petition under this
1-35     subsection shall be made ex parte in the name of the owner of the
1-36     property without naming any defendant or joinder of any other
1-37     person.
1-38           Sec. 711.011.  FILING RECORD OF UNKNOWN CEMETERY.  (a)  A
1-39     person who discovers an unknown or abandoned cemetery shall file
1-40     notice of the cemetery with the county clerk of the county in which
1-41     the cemetery is located.
1-42           (b)  A county clerk may not charge a fee for filing notice
1-43     under this section.
1-44           SECTION 2.  Subchapter C, Chapter 711, Health and Safety
1-45     Code, is amended by adding Section 711.042 to read as follows:
1-46           Sec. 711.042.  AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION.
1-47     A nonprofit cemetery organization organized by plot owners may:
1-48                 (1)  divide cemetery property into lots and
1-49     subdivisions for cemetery purposes;
1-50                 (2)  charge assessments on the property for the
1-51     purposes of general improvement and maintenance; and
1-52                 (3)  take any action, to the same extent and for the
1-53     same purposes as a for-profit cemetery corporation, that is
1-54     necessary to carry out the organization's business purposes, which
1-55     include the business purposes necessarily incident to the burial
1-56     and disposal of human remains, including any action necessary to:
1-57                       (A)  convey property or other assets of the
1-58     organization;
1-59                       (B)  borrow money;
1-60                       (C)  pledge or mortgage the property or other
1-61     assets of the organization to secure the organization's
1-62     indebtedness or other obligations;
1-63                       (D)  lend money and take security for the loan in
 2-1     furtherance of its business purposes; and
 2-2                       (E)  conduct any business activity or business
 2-3     directly or by or through one or more subsidiaries.
 2-4           SECTION 3.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended,
 2-9     and that this Act take effect and be in force from and after its
2-10     passage, and it is so enacted.
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