1-1     By:  Carter (Senate Sponsor - Staples)                H.B. No. 1737
 1-2           (In the Senate - Received from the House March 26, 2001;
 1-3     March 27, 2001, read first time and referred to Committee on State
 1-4     Affairs; April 24, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; April 24, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the acquisition of land for cemetery purposes adjacent
 1-9     to existing cemeteries.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 711.008(c), Health and Safety Code, is
1-12     repealed.
1-13           SECTION 2.  Section 711.033, Health and Safety Code, is
1-14     amended by redesignating Subsections (b), (c), and (d),
1-15     respectively, as Subsections (c), (d), and (e) and adding a new
1-16     Subsection (b) to read as follows:
1-17           (b)  A cemetery organization operating a cemetery located and
1-18     operated in accordance with the distance requirements prescribed in
1-19     Section 711.008 may acquire land adjacent to the cemetery for
1-20     cemetery purposes.  In this subsection, "adjacent" means that some
1-21     part of the property to be acquired has a common boundary with the
1-22     existing cemetery, or a common boundary with a public easement, a
1-23     utility easement, or a railroad right-of-way, some part of which
1-24     has a common boundary with the cemetery.  In no event shall the
1-25     closest points of the property to be acquired and the cemetery be
1-26     more than 200 feet apart.
1-27           (c) [(b)]  A cemetery organization that acquires property may
1-28     record title to its property with the county clerk of the county in
1-29     which the property is located if its president and secretary or
1-30     other authorized officer acknowledge a declaration executed by the
1-31     cemetery organization that describes the property and declares the
1-32     cemetery organization's intention to use the property or a part of
1-33     the property for interment purposes.
1-34           (d) [(c)]  Filing under Subsection (b) is constructive notice
1-35     as of the date of the filing of the use of the property for
1-36     interment.
1-37           (e) [(d)]  A cemetery organization may by condemnation
1-38     acquire property in which remains may be interred, and the
1-39     acquisition of that property is for a public purpose.
1-40           SECTION 3.  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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