| |
| |
| |
|
|
AN ACT
|
|
|
relating to cemeteries in certain municipalities and counties. |
|
|
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 Subsections (g-3) and |
|
|
(g-4) to read as follows: |
|
|
(a) Except as provided by Subsections (b), (f), (g), (g-1), |
|
|
(g-2), (g-3), (g-4), (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-3) 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 limits of the municipality. The governing body 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 governing body 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 is located in: |
|
|
(1) a county with a population of more than 750,000; or |
|
|
(2) a county adjacent to a county with a population of |
|
|
more than 750,000. |
|
|
(g-4) An individual, corporation, partnership, firm, trust, |
|
|
or association may file a written application with the |
|
|
commissioners court of a county to establish or use a cemetery |
|
|
located inside the limits of the county. The commissioners court by |
|
|
order shall prescribe the information to be included in the |
|
|
application. The commissioners court by order may authorize the |
|
|
establishment or use of the cemetery if the commissioners court |
|
|
determines and states in the order that the establishment or use of |
|
|
the cemetery does not adversely affect public health, safety, and |
|
|
welfare. This subsection applies only to a county: |
|
|
(1) with a population of more than 750,000; or |
|
|
(2) that is adjacent to a county with a population of |
|
|
more than 750,000. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 783 was passed by the House on April |
|
|
14, 2023, by the following vote: Yeas 111, Nays 32, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 783 was passed by the Senate on May |
|
|
22, 2023, by the following vote: Yeas 28, Nays 3. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |