1-1                                   AN ACT
 1-2     relating to the acquisition of land for cemetery purposes adjacent
 1-3     to existing cemeteries.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 711.008(c), Health and Safety Code, is
 1-6     repealed.
 1-7           SECTION 2.  Section 711.033, Health and Safety Code, is
 1-8     amended by redesignating Subsections (b), (c), and (d),
 1-9     respectively, as Subsections (c), (d), and (e) and adding a new
1-10     Subsection (b) to read as follows:
1-11           (b)  A cemetery organization operating a cemetery located and
1-12     operated in accordance with the distance requirements prescribed in
1-13     Section 711.008 may acquire land adjacent to the cemetery for
1-14     cemetery purposes.  In this subsection, "adjacent" means that some
1-15     part of the property to be acquired has a common boundary with the
1-16     existing cemetery, or a common boundary with a public easement, a
1-17     utility easement, or a railroad right-of-way, some part of which
1-18     has a common boundary with the cemetery.  In no event shall the
1-19     closest points of the property to be acquired and the cemetery be
1-20     more than 200 feet apart.
1-21           (c) [(b)]  A cemetery organization that acquires property may
1-22     record title to its property with the county clerk of the county in
1-23     which the property is located if its president and secretary or
1-24     other authorized officer acknowledge a declaration executed by the
 2-1     cemetery organization that describes the property and declares the
 2-2     cemetery organization's intention to use the property or a part of
 2-3     the property for interment purposes.
 2-4           (d) [(c)]  Filing under Subsection (b) is constructive notice
 2-5     as of the date of the filing of the use of the property for
 2-6     interment.
 2-7           (e) [(d)]  A cemetery organization may by condemnation
 2-8     acquire property in which remains may be interred, and the
 2-9     acquisition of that property is for a public purpose.
2-10           SECTION 3.  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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1737 was passed by the House on March
         22, 2001, by the following vote:  Yeas 139, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1737 was passed by the Senate on May
         8, 2001, by the following vote:  Yeas 29, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor