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A BILL TO BE ENTITLED
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AN ACT
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relating to cemeteries in certain municipalities and counties. |
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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 Subsections (g-3) and |
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(g-4) to read as follows: |
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(a) Except as provided by Subsections (b), (f), (g), (g-1), |
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(g-2), (g-3), (g-4), (h), and (k), an individual, corporation, |
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partnership, firm, trust, or association may not establish or |
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operate a cemetery, or use any land for the interment of remains, |
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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-3) An individual, corporation, partnership, firm, trust, |
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or association may file a written application with the governing |
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body of a municipality to establish or use a cemetery located inside |
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the limits of the municipality. 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 governing body determines and states in |
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the ordinance that the establishment or use of the cemetery does not |
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adversely affect public health, safety, and welfare. This |
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subsection applies only to a municipality that is located in: |
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(1) a county with a population of more than 750,000; or |
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(2) a county adjacent to a county with a population of |
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more than 750,000. |
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(g-4) An individual, corporation, partnership, firm, trust, |
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or association may file a written application with the |
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commissioners court of a county to establish or use a cemetery |
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located inside the limits of the county. The commissioners court by |
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order shall prescribe the information to be included in the |
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application. The commissioners court by order may authorize the |
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establishment or use of the cemetery if the commissioners court |
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determines and states in the order that the establishment or use of |
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the cemetery does not adversely affect public health, safety, and |
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welfare. This subsection applies only to a county: |
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(1) with a population of more than 750,000; or |
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(2) that is adjacent to a county with a population of |
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more than 750,000. |
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SECTION 2. This Act takes effect September 1, 2023. |