By Carter                                             H.B. No. 1737
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the location of cemeteries; amending Sections 711.008
 1-3     and 711.033, Health and Safety Code.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subsection (c), Section 711.008, Health and Safety
 1-6     Code is repealed:
 1-7           SECTION 2.  Section 711.033, Health and Safety Code, is
 1-8     amended by re-designating 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
1-12     located and operated in accordance with the distance requirements
1-13     prescribed in Section 711.008 of this Code may acquire land
1-14     adjacent to the cemetery for cemetery purposes.  In this
1-15     subsection, "adjacent" means that some part of the property to be
1-16     acquired has a common boundary with the existing cemetery, or a
1-17     common boundary with a public easement, a utility easement, or a
1-18     railroad right-of-way, some part which has a common boundary with
1-19     the cemetery.  In no event shall the closest points of the property
1-20     to be acquired and the cemetery be more than 200 feet apart.
1-21           SECTION 3.  This Act takes effect immediately if it receives
1-22     a vote of two-thirds of all the members elected to each house, as
1-23     provided by Section 39, Article III, Texas Constitution.  If this
1-24     Act does not receive the vote necessary for immediate effect, this
 2-1     Act takes effect September 1, 2001.