82R10327 YDB-F
  By: Howard of Travis H.B. No. 2544
  relating to archeological cemeteries.
         SECTION 1.  Section 711.001, Health and Safety Code, is
  amended by amending Subdivisions (1) and (1-a) and adding
  Subdivision (1-b) to read as follows:
               (1)  "Archeological cemetery" means an unmarked or
  abandoned cemetery that has been designated as an archeological
  cemetery by the Texas Historical Commission in accordance with
  criteria established under commission rule.
               (1-a)  "Burial park" means a tract of land that is used
  or intended to be used for interment in graves.
               (1-b) [(1-a)]  "Campus" means the area:
                     (A)  within the boundaries of one or more adjacent
  tracts, parcels, or lots under common ownership;
                     (B)  on which the principal church building and
  related structures and facilities of an organized religious society
  or sect are located; and
                     (C)  that may be subject to one or more easements
  for street, utility, or pipeline purposes.
         SECTION 2.  Section 711.010(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The owner of property on which an unknown cemetery is
  discovered or on which an abandoned cemetery is located may not
  construct improvements on the property in a manner that would
  further disturb the cemetery until the human remains interred in
  the cemetery are removed under:
               (1)  either:
                     (A)  a written order issued by the state registrar
  or the state registrar's designee under Section 711.004(f); or
                     (B)  for an archeological cemetery, a permit
  issued by the Texas Historical Commission; and
               (2)  [under] an order of a district court as provided by
  this section.
         SECTION 3.  Section 711.0105(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by this subsection, the [The] removal
  of remains authorized under this chapter shall be supervised by a
  cemetery keeper, a licensed funeral director, a medical examiner, a
  coroner, or a professional archeologist. The removal of remains
  from an archeological cemetery may only be supervised by a
  professional archeologist that meets any qualifications
  established by the Texas Historical Commission.
         SECTION 4.  Section 711.011(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by this subsection, a [A] person who
  discovers an unknown or abandoned cemetery shall file notice of the
  cemetery with the county clerk of the county in which the cemetery
  is located not later than the 90th [10th] day after the date of the
  discovery.  The notice must contain a legal description of the land
  on which the unknown or abandoned cemetery was found and describe
  the approximate location of the cemetery and the evidence of the
  cemetery that was discovered. To protect an archeological cemetery
  from looting or other desecration, a person who discovers a
  cemetery the person reasonably believes might be an archeological
  cemetery shall report the discovery to the Texas Historical
  Commission but is not required to file notice with the county clerk
  as required by this section.
         SECTION 5.  Section 711.041, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  Notwithstanding any other provision of this section, a
  member of the public may access an archeological cemetery only if
  the Texas Historical Commission issues a written authorization for
  the public access.
         SECTION 6.  This Act takes effect September 1, 2011.