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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment or use of perpetual care cemeteries |
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located outside 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 (l) 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), and (l), an individual, corporation, partnership, |
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firm, trust, or association may not establish or operate a |
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cemetery, or use any 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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(l) Not later than September 1, 2021, an organized religious |
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society or sect that is exempt from income taxation under Section |
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501(a), Internal Revenue Code of 1986, by being listed under |
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Section 501(c) of that code, may file a written application with the |
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governing body of a municipality that has a population of at least |
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18,000 and not more than 20,000 and that is located in a county with |
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a population of at least 750,000 to establish or use a perpetual |
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care cemetery located outside the municipality but within one-half |
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mile of the municipal boundaries. The governing body 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 the cemetery if the municipality determines and states in the |
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ordinance that the establishment or use of the cemetery does not |
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adversely affect public health, safety, and welfare. |
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SECTION 2. This Act takes effect September 1, 2019. |