By Brown of Brazos                                     H.B. No. 166
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment or use of certain cemeteries.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 711.008, Health and Safety Code, is
 1-5     amended by amending Subsection (a) and adding Subsection (f) to
 1-6     read as follows:
 1-7           (a)  Except as provided by Subsections (b), (c), (f), and
 1-8     (k), an individual, corporation, partnership, firm, trust, or
 1-9     association may not establish or operate a cemetery, or use any
1-10     land for the interment of remains, located:
1-11                 (1)  in or within one mile of the boundaries of a
1-12     municipality with a population of 5,000 to 25,000;
1-13                 (2)  in or within two miles of the boundaries of a
1-14     municipality with a population of 25,000 to 50,000;
1-15                 (3)  in or within three miles of the boundaries of a
1-16     municipality with a population of 50,000 to 100,000;
1-17                 (4)  in or within four miles of the boundaries of a
1-18     municipality with a population of 100,000 to 200,000; or
1-19                 (5)  in or within five miles of the boundaries of a
1-20     municipality with a population of at least 200,000.
1-21           (f)  This subsection applies only to a municipality with a
1-22     population of at least 60,000 that is located in a county with a
1-23     population of no more than 155,000.  Not later than December 1,
1-24     2001, a charitable nonprofit corporation may file a written
 2-1     application with the governing body of a municipality to establish
 2-2     or use a cemetery located inside the boundaries of the
 2-3     municipality.  The municipality by ordinance shall prescribe the
 2-4     information to be included in the application.  The governing body
 2-5     by ordinance may authorize the establishment or use of a cemetery
 2-6     located inside the boundaries of the municipality if the
 2-7     municipality determines and states in the ordinance that the
 2-8     establishment or use of the cemetery does not adversely affect
 2-9     public health, safety, and welfare.
2-10           SECTION 2.  This Act takes effect immediately if it receives
2-11     a vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect September 1, 2001.