By Brown of Brazos H.B. No. 166 Substitute the following for H.B. No. 166: By Callegari C.S.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.