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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of burial spaces and abandoned plots in |
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certain cemeteries in the possession and control of a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 713.009, Health and Safety Code, is |
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amended by amending Subsection (f) and adding Subsections (f-1) and |
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(f-2) to read as follows: |
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(f) After taking the action described by Subsection (d), the |
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municipality or corporation shall continue to maintain the cemetery |
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so that it does not endanger the public health, safety, comfort, or |
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welfare. Additional burial spaces may not be offered for sale, |
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except as provided by Subsection (f-1). |
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(f-1) A municipality that has taken possession and control |
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of a cemetery under this section for at least 25 years may sell |
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additional burial spaces in the cemetery if, after a public |
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hearing, the governing body of the municipality by official action |
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finds that: |
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(1) the cemetery has been consistently maintained in |
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accordance with Section 713.011; and |
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(2) the sale and use of additional burial spaces in the |
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cemetery will not endanger the public health, safety, comfort, or |
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welfare. |
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(f-2) A municipality shall provide written notice of a |
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public hearing required under Subsection (f-1). The notice must: |
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(1) describe the municipality's proposed action; |
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(2) identify the cemetery that is the subject of the |
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hearing by name and location; |
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(3) be published in a newspaper of general |
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circulation: |
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(A) once a week for three consecutive weeks: |
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(i) in a county in which the cemetery is |
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located; or |
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(ii) in the absence of a newspaper in that |
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county, in the neighboring county nearest to the cemetery that has a |
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newspaper of general circulation; and |
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(B) with a final date of publication that is not |
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less than one week and not more than two weeks before the date of the |
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hearing; and |
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(4) be mailed to the Texas Historical Commission not |
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less than one week before the date of the hearing. |
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SECTION 2. Subchapter A, Chapter 713, Health and Safety |
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Code, is amended by adding Sections 713.012 and 713.013 to read as |
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follows: |
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Sec. 713.012. ABANDONED PLOTS IN CERTAIN CEMETERIES IN |
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MUNICIPAL POSSESSION AND CONTROL. (a) This section applies only to |
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a cemetery for which the governing body of a municipality by |
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official action issues the findings described by Section |
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713.009(f-1). |
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(b) After notice provided in accordance with Subsection (c) |
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and a public hearing, the governing body of a municipality may by |
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official action declare a plot in a cemetery subject to this section |
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as presumed abandoned if: |
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(1) the municipality does not have any record of |
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ownership or sale of the plot; |
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(2) the plot has not been used for interment; and |
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(3) the plot is not within a family enclosure or area |
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of plots of related persons. |
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(c) A municipality shall provide written notice of the |
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public hearing required under Subsection (b) that satisfies the |
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notice requirements described by Section 713.009(f-2). |
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(d) The municipality may combine the notice and hearing |
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required under this section with the notice and hearing required |
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under Sections 713.009(f-1) and (f-2). |
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(e) A municipality has the exclusive right of sepulture in |
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an abandoned plot in a cemetery subject to this section and may |
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convey that right in the plot. |
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(f) A person may rebut the presumption of abandonment by |
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submitting to the municipality a deed, certificate of ownership, |
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bill of sale, receipt, instrument of conveyance, or other evidence |
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of ownership under which the person may claim the exclusive right of |
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sepulture in the plot in accordance with Section 711.039. |
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Sec. 713.013. APPEAL OF FINDING OF ABANDONMENT. (a) Not |
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later than the 10th day after the date the governing body of a |
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municipality declares a plot abandoned under Section 713.012, a |
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person aggrieved by the declaration or a taxpayer residing in the |
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municipality may file with a district court, county court, or |
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county court at law of the county in which the cemetery is located a |
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verified petition that states the decision is wholly or partly |
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illegal and the grounds of the illegality. |
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(b) On the filing of the petition, the court may grant a writ |
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of certiorari directed to the governing body to review the |
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governing body's decision. The writ must require the governing |
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body's return to be made and served on the petitioner not later than |
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the 10th day after the date the writ is issued, unless otherwise |
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extended by the court. Granting of the writ does not stay the |
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proceedings on appeal, but on application and after notice to the |
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governing body, the court may grant a restraining order. |
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(c) The governing body's return must be verified and |
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concisely state any pertinent facts that show the grounds of the |
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decision under appeal. The governing body is not required to return |
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the original documents on which the governing body acted but may |
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return certified or sworn copies of the documents or parts of the |
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documents as required by the writ. |
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(d) If a court determines at the hearing that testimony is |
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necessary for proper disposition of the matter, the court may take |
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evidence or appoint a referee to take evidence as directed. The |
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referee shall report the evidence to the court with the referee's |
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findings of fact and conclusions of law. The referee's report |
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constitutes a part of the proceedings on which the court makes a |
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decision. |
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(e) The court may wholly or partly reverse or affirm or |
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modify the appealed decision. The court may not assess costs |
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against the governing body unless the court determines that the |
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governing body acted with gross negligence, bad faith, or malice in |
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making the decision. |
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SECTION 3. This Act takes effect September 1, 2023. |