H.B. No. 1011
relating to the removal of the dedication for certain cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.010, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) On petition of the owner of the property, a district
court of the county in which an unknown cemetery is discovered or an
abandoned cemetery is located may [
shall] order the removal of any
dedication for cemetery purposes that affects the property. If a
court orders the removal of a dedication of a cemetery and [ If] all
human remains on the property have not previously been removed, the
court shall order the removal of the human remains from the cemetery
to a perpetual care cemetery. [ A petition under this subsection
shall be made ex parte in the name of the owner of the property
without naming any defendant or joinder of any other person.]
(c) In addition to any notice required by Section 711.004,
notice of a petition filed under Subsection (b) must be given to the
Texas Historical Commission and to the county historical commission
of the county in which the cemetery is located. The Texas
Historical Commission and the county historical commission may
intervene and become parties to the suit.
SECTION 2. This Act applies only to a suit to remove a
cemetery dedication filed on or after the effective date of this
Act. A suit to remove a cemetery dedication filed before the
effective date of this Act is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1011 was passed by the House on April
22, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1011 was passed by the Senate on May
17, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate