| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to archeological cemeteries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
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. |