BILL ANALYSIS

S.B. 586

By: West

Culture, Recreation & Tourism

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that Texas is home to approximately 14,000 cemeteries, many of which hold deep cultural, religious, and historical significance. The bill sponsor has also informed the committee that while these cemeteries are vital to preserving the state's heritage, they face growing threats from urban development and lack formal protections. The bill sponsor has further informed the committee that while the Historic Texas Cemeteries Designation Program administered by the Texas Historical Commission has provided recognition and support for these cemeteries, the program operates solely under the Texas Administrative Code and, therefore, lacks the statutory authority necessary to guarantee the program's stability and long-term effectiveness, leaving the program vulnerable to potential fiscal or administrative changes. S.B. 586 seeks to ensure the Historic Texas Cemeteries Designation Program has formal legal standing by creating a new subchapter in the Government Code to codify the program exactly as it currently exists under the Administrative Code.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Historical Commission in SECTION 1 of this bill.

ANALYSIS

S.B. 586 amends the Government Code to require the Texas Historical Commission to establish the Historic Texas Cemeteries Designation Program to alert the public, as well as current and future owners of land adjacent to a cemetery, of the cemetery's existence. The bill requires a cemetery, in order to be eligible for a designation under the program, to be the following:

· worthy of recognition and preservation for the cemetery's historical associations; and

· established at least 50 years before the date an application is submitted to the commission to designate the cemetery under the program, unless the commission determines the cemetery is exceptionally significant.

S.B. 586 authorizes any person to submit an application to the commission to designate a cemetery under the program and requires an application to include information establishing the existence of the cemetery. The bill requires the commission, after receiving an application, to notify the following persons of the application:

· the owner of the property containing the cemetery;

· each owner of property adjacent to the cemetery; and

· the county historical commission established under Local Government Code provisions for the county in which the cemetery is located, if applicable.

The bill requires the commission to provide such a county historical commission with a copy of the application materials to designate a cemetery under the program.

S.B. 586 requires the commission to do the following:

· review each application it receives for designation of a cemetery under the program and determine whether the cemetery qualifies for designation under the program;

· if the commission determines the cemetery qualifies for a designation under the program:

o approve the application;

o notify the applicant of the approval of the application;

o send to the applicant a declaration of dedication to be filed with the appropriate county clerk's office; and

o inform the applicant that the cemetery may be recognized with an Official Texas Historical Marker available for purchase from the commission to certify the cemetery's participation in the program; and

· if the commission determines the cemetery does not qualify for designation under the program:

o request additional information from the applicant to support the application; or

o deny the application, notify the applicant of the denial, and inform the applicant of the ability to appeal the decision to the members of the commission.

The bill establishes that a cemetery is officially recognized under the program on the commission's receipt of a copy of the filed declaration of dedication, including any exhibits filed with the declaration. The bill requires the copy of the declaration of dedication to show the date the declaration was filed and the recording information for the declaration.

S.B. 586 requires the commission to develop an application form and procedure for applying for a designation under the program. The application may require any information the commission considers necessary, including a deed and title, plot records, archival documents, photographs, oral histories, and archaeological data. The bill requires the commission to make the application available at the commission's office or post the application on the commission's website and authorizes the commission to charge a processing fee not to exceed $25 for each application submitted.

S.B. 586 establishes the following relating to historic cemetery designations under the program:

· a designation does not restrict in any way a property owner's use of land outside the designated cemetery's boundaries;

· a designation may be removed only by commission action or an order of a court of competent jurisdiction:

o removing the designation; or

o removing the dedication and returning the land to other purposes; and

· a transfer of ownership of property containing a designated cemetery does not result in a removal of the designation.

The bill requires the commission to adopt rules as necessary to implement the bill's provisions.

EFFECTIVE DATE

September 1, 2025.