BILL ANALYSIS

 

 

Senate Research Center	H.B. 2732
88R8107 LRM-D	By: King, Tracy O. (Zaffirini)
	Local Government
	5/11/2023
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The need for a new cemetery in the City of Laredo (city) has risen exponentially because of increases in the city's population and interest from nonresidents in burial in the city. Finding the land for a new cemetery is difficult, however, as current law does not allow a cemetery to be located within five miles of the city limits.

 

H.B. 2732 would allow an organized religious society or sect to establish or use a cemetery within the city's boundaries. This would ensure that religious societies and sects can meet demand for cemetery space and that residents and nonresidents can choose the city as their final resting place.

 

H.B. 2732 amends current law relating to cemeteries in certain municipalities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 711.008, Health and Safety Code, by amending Subsection (a) and adding Subsection (m), as follows:

 

(a) Creates an exception under Subsection (m). Makes a nonsubstantive change.

 

(m) Authorizes an organized religious society or sect, not later than September 1, 2024, to file a written application with the governing body of a municipality to establish or use a cemetery within the boundaries of the municipality. Requires the municipality by ordinance to prescribe the information to be included on the application. Authorizes the governing body by ordinance to authorize the establishment or use of the cemetery if the municipality determines and states in the ordinance that the establishment or use does not adversely affect public health, safety, and welfare. Provides that this subsection applies only to a municipality with a population of 200,000 or more located in a county with a population of less than 300,000 that is adjacent to this state's international border with Mexico.

 

SECTION 2. Effective date: September 1, 2023.