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.
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