79R2044 MCK-F


By:  Hilderbran                                                   H.B. No. 1011



A BILL TO BE ENTITLED

AN ACT

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.