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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment or use of certain cemeteries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.008, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (l) to |
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read as follows: |
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(a) Except as provided by Subsections (b), (f), (g), [and] |
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(k), and (l), an individual, corporation, partnership, firm, trust, |
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or association may not establish or operate a cemetery, or use any |
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land for the interment of remains, located: |
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(1) in or within one mile of the boundaries of a |
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municipality with a population of 5,000 to 25,000; |
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(2) in or within two miles of the boundaries of a |
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municipality with a population of 25,000 to 50,000; |
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(3) in or within three miles of the boundaries of a |
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municipality with a population of 50,000 to 100,000; |
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(4) in or within four miles of the boundaries of a |
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municipality with a population of 100,000 to 200,000; or |
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(5) in or within five miles of the boundaries of a |
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municipality with a population of at least 200,000. |
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(l) This subsection applies only to a municipality with a |
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population of not more than 27,000 that is located in a county that |
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is adjacent to an international border. Not later than September 1, |
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2008, a person may file a written application with the governing |
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body of a municipality to establish or use a cemetery located inside |
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the boundaries of the municipality. The municipality by ordinance |
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shall prescribe the information to be included in the application. |
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The governing body by ordinance may authorize the establishment or |
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use of a cemetery located inside the boundaries of the municipality |
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if the municipality determines and states in the ordinance that the |
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establishment or use of the cemetery does not adversely affect |
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public health, safety, and welfare. |
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SECTION 2. This Act takes effect September 1, 2007. |