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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 (g-1) to |
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read as follows: |
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(a) Except as provided by Subsections (b), (f), (g), (g-1), |
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(h), and (k), an individual, corporation, partnership, firm, trust, |
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or association may not establish or operate a cemetery, or use any |
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land 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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(g-1) Not later than September 1, 2020, a nonprofit |
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organization may file a written application with the governing body |
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of a municipality to establish or use a cemetery located inside the |
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boundaries of the municipality. The municipality by ordinance |
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shall prescribe the information to be included in the application. |
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The governing body by ordinance may authorize the establishment or |
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use of a cemetery located inside the boundaries of the municipality |
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if the 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 is wholly or partly located in a county with |
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a population of more than 3.3 million. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2214 was passed by the House on May 9, |
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2017, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2214 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |