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1-12 repealed.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.
1-45 * * * * *