S.B. No. 667
AN ACT
relating to the establishment or use of certain cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.008, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (g) to
read as follows:
(a) Except as provided by Subsections (b), [(c),] (f), (g),
and (k), an individual, corporation, partnership, firm, trust, or
association may not establish or operate a cemetery, or use any land
for the interment of remains, located:
(1) in or within one mile of the boundaries of a
municipality with a population of 5,000 to 25,000;
(2) in or within two miles of the boundaries of a
municipality with a population of 25,000 to 50,000;
(3) in or within three miles of the boundaries of a
municipality with a population of 50,000 to 100,000;
(4) in or within four miles of the boundaries of a
municipality with a population of 100,000 to 200,000; or
(5) in or within five miles of the boundaries of a
municipality with a population of at least 200,000.
(g) Not later than December 1, 2003, a corporation may file
a written application with the governing body of a municipality
that has a population of at least 27,000 and not more than 30,000
and that is located in a county with a population of at least
245,000 and not more than 250,000 to establish or use a cemetery
located outside the municipality but within two miles of the
municipal boundaries. The municipality by ordinance shall
prescribe the information to be included in the application. The
governing body by ordinance may authorize the establishment or use
of the cemetery if the municipality determines and states in the
ordinance that the establishment or use of the cemetery does not
adversely affect public health, safety, and welfare.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 667 passed the Senate on
March 27, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 667 passed the House on
May 6, 2003, by the following vote: Yeas 143, Nays 0, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor