84R7290 SCL-D
 
  By: Kuempel H.B. No. 1415
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishment or use of cemeteries in certain
  municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (h), Section 711.008, Health and
  Safety Code, as added by Chapter 367 (S.B. 131), Acts of the 82nd
  Legislature, Regular Session, 2011, is redesignated as Subsection
  (i), Section 711.008, Health and Safety Code, and amended to read as
  follows:
         (i) [(h)]  A [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 immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.