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A BILL TO BE ENTITLED
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AN ACT
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relating to cemeteries in certain municipalities. |
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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 (h) to |
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read as follows: |
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(a) Except as provided by Subsections (b), (f), (g), (h),
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and (k), an individual, corporation, partnership, firm, trust, or |
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association may not establish or operate a cemetery, or use any land |
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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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(h) Not later than September 1, 2014, a person may file a |
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written application with the governing body of a municipality to |
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establish or use a cemetery located inside the boundaries of the |
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municipality. The municipality by ordinance shall prescribe the |
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information to be included in the application. The governing body |
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by ordinance may authorize the establishment or use of a cemetery |
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located inside the boundaries of the municipality if the |
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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. This subsection applies only |
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to a municipality that: |
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(1) is located in three or more counties; |
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(2) has a population of 18,000 or more; and |
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(3) does not have a cemetery within its boundaries, |
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other than a family cemetery. |
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SECTION 2. This Act takes effect September 1, 2011. |