1-1 By: Brown of Brazos (Senate Sponsor - Ogden) H.B. No. 166 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; May 9, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the establishment or use of certain cemeteries. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Section 711.008, Health and Safety Code, is 1-11 amended by amending Subsection (a) and adding Subsection (f) to 1-12 read as follows: 1-13 (a) Except as provided by Subsections (b), (c), (f), and 1-14 (k), an individual, corporation, partnership, firm, trust, or 1-15 association may not establish or operate a cemetery, or use any 1-16 land for the interment of remains, located: 1-17 (1) in or within one mile of the boundaries of a 1-18 municipality with a population of 5,000 to 25,000; 1-19 (2) in or within two miles of the boundaries of a 1-20 municipality with a population of 25,000 to 50,000; 1-21 (3) in or within three miles of the boundaries of a 1-22 municipality with a population of 50,000 to 100,000; 1-23 (4) in or within four miles of the boundaries of a 1-24 municipality with a population of 100,000 to 200,000; or 1-25 (5) in or within five miles of the boundaries of a 1-26 municipality with a population of at least 200,000. 1-27 (f) This subsection applies only to a municipality with a 1-28 population of at least 60,000 that is located in a county with a 1-29 population of no more than 155,000. Not later than December 1, 1-30 2001, a charitable nonprofit corporation may file a written 1-31 application with the governing body of a municipality to establish 1-32 or use a cemetery located inside the boundaries of the 1-33 municipality. The municipality by ordinance shall prescribe the 1-34 information to be included in the application. The governing body 1-35 by ordinance may authorize the establishment or use of a cemetery 1-36 located inside the boundaries of the municipality if the 1-37 municipality determines and states in the ordinance that the 1-38 establishment or use of the cemetery does not adversely affect 1-39 public health, safety, and welfare. 1-40 SECTION 2. This Act takes effect immediately if it receives 1-41 a vote of two-thirds of all the members elected to each house, as 1-42 provided by Section 39, Article III, Texas Constitution. If this 1-43 Act does not receive the vote necessary for immediate effect, this 1-44 Act takes effect September 1, 2001. 1-45 * * * * *