87R17584 EAS-D
 
  By: Kuempel H.B. No. 1526
 
  Substitute the following for H.B. No. 1526:
 
  By:  Craddick C.S.H.B. No. 1526
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to cemeteries in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 711.008, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (g-2) to
  read as follows:
         (a)  Except as provided by Subsections (b), (f), (g), (g-1),
  (g-2), (h), and (k), an individual, corporation, partnership, firm,
  trust, or association may not establish or operate a cemetery, or
  use any land for the interment of remains, located:
               (1)  in or within one mile of the boundaries of a
  municipality with a population of 5,000 to 25,000;
               (2)  in or within two miles of the boundaries of a
  municipality with a population of 25,000 to 50,000;
               (3)  in or within three miles of the boundaries of a
  municipality with a population of 50,000 to 100,000;
               (4)  in or within four miles of the boundaries of a
  municipality with a population of 100,000 to 200,000; or
               (5)  in or within five miles of the boundaries of a
  municipality with a population of at least 200,000.
         (g-2)  Not later than December 1, 2022, an individual,
  corporation, partnership, firm, trust, or association may file a
  written application with the governing body of a municipality to
  establish or use a cemetery located inside the legal 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 the cemetery
  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 has a population of:
               (1)  at least 55,000 and not more than 60,000 and that
  is located in two counties, each of which has a population of less
  than 132,000; or
               (2)  at least 24,000 and not more than 26,000 and that
  is the county seat of a county that has a population of at least
  130,000 and not more than 135,000.
         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, 2021.