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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. |
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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 (m) 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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(g-2), (h), [and] (k), and (m), 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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(m) Not later than September 1, 2024, an organized religious |
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society or sect may file a written application with the governing |
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body of a municipality to establish or use a cemetery within the |
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boundaries of the municipality. The municipality by ordinance |
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shall prescribe the information to be included on 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 does not adversely affect |
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public health, safety, and welfare. This subsection applies only |
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to a municipality with a population of 200,000 or more located in a |
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county with a population of less than 300,000 that is adjacent to |
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this state's international border with Mexico. |
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SECTION 2. This Act takes effect September 1, 2023. |