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A BILL TO BE ENTITLED
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AN ACT
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relating to archeological cemeteries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.001, Health and Safety Code, is |
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amended by amending Subdivisions (1) and (1-a) and adding |
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Subdivision (1-b) to read as follows: |
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(1) "Archeological cemetery" means an unmarked or |
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abandoned cemetery that has been designated as an archeological |
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cemetery by the Texas Historical Commission in accordance with |
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criteria established under commission rule. |
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(1-a) "Burial park" means a tract of land that is used |
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or intended to be used for interment in graves. |
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(1-b) [(1-a)] "Campus" means the area: |
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(A) within the boundaries of one or more adjacent |
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tracts, parcels, or lots under common ownership; |
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(B) on which the principal church building and |
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related structures and facilities of an organized religious society |
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or sect are located; and |
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(C) that may be subject to one or more easements |
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for street, utility, or pipeline purposes. |
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SECTION 2. Subsection (a), Section 711.010, Health and |
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Safety Code, is amended to read as follows: |
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(a) The owner of property on which an unknown cemetery is |
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discovered or on which an abandoned cemetery is located may not |
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construct improvements on the property in a manner that would |
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further disturb the cemetery until the human remains interred in |
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the cemetery are removed under: |
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(1) either: |
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(A) a written order issued by the state registrar |
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or the state registrar's designee under Section 711.004(f); or |
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(B) for an archeological cemetery, a permit |
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issued by the Texas Historical Commission; and |
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(2) [under] an order of a district court as provided by |
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this section. |
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SECTION 3. Subsection (a), Section 711.0105, Health and |
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Safety Code, is amended to read as follows: |
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(a) Except as provided by this subsection, the [The] removal |
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of remains authorized under this chapter shall be supervised by a |
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cemetery keeper, a licensed funeral director, a medical examiner, a |
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coroner, or a professional archeologist. The removal of remains |
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from an archeological cemetery may only be supervised by a |
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professional archeologist that meets any qualifications |
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established by the Texas Historical Commission. |
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SECTION 4. Subsection (a), Section 711.011, Health and |
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Safety Code, is amended to read as follows: |
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(a) Except as otherwise provided by this subsection, a [A] |
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person who discovers an unknown or abandoned cemetery shall file |
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notice of the cemetery with the county clerk of the county in which |
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the cemetery is located not later than the 90th [10th] day after the |
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date of the discovery. The notice must contain a legal description |
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of the land on which the unknown or abandoned cemetery was found and |
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describe the approximate location of the cemetery and the evidence |
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of the cemetery that was discovered. To protect an archeological |
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cemetery from looting or other desecration, a person who discovers |
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a cemetery the person reasonably believes might be an archeological |
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cemetery shall report the discovery to the Texas Historical |
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Commission but is not required to file notice with the county clerk |
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as required by this section. |
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SECTION 5. Section 711.041, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of this section, a |
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member of the public may access an archeological cemetery only if |
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the Texas Historical Commission issues a written authorization for |
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the public access. |
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SECTION 6. This Act takes effect September 1, 2011. |
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* * * * * |