By: Wentworth S.B. No. 131
 
  (Kuempel)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to cemeteries in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 711.008, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (h) to
  read as follows:
         (a)  Except as provided by Subsections (b), (f), (g), (h), 
  and (k), an individual, corporation, partnership, firm, trust, or
  association may not establish or operate a cemetery, or use any land
  for the interment of remains, located:
               (1)  in or within one mile of the boundaries of a
  municipality with a population of 5,000 to 25,000;
               (2)  in or within two miles of the boundaries of a
  municipality with a population of 25,000 to 50,000;
               (3)  in or within three miles of the boundaries of a
  municipality with a population of 50,000 to 100,000;
               (4)  in or within four miles of the boundaries of a
  municipality with a population of 100,000 to 200,000; or
               (5)  in or within five miles of the boundaries of a
  municipality with a population of at least 200,000.
         (h)  Not later than September 1, 2014, a person may file a
  written application with the governing body of a municipality to
  establish or use a cemetery located inside the boundaries of the
  municipality.  The municipality by ordinance shall prescribe the
  information to be included in the application.  The governing body
  by ordinance may authorize the establishment or use of a cemetery
  located inside the boundaries of the municipality if the
  municipality determines and states in the ordinance that the
  establishment or use of the cemetery does not adversely affect
  public health, safety, and welfare.  This subsection applies only
  to a municipality that:
               (1)  is located in three or more counties;
               (2)  has a population of 18,000 or more; and
               (3)  does not have a cemetery within its boundaries,
  other than a family cemetery.
         SECTION 2.  This Act takes effect September 1, 2011.