Texas House Bill HB3990

Texas 2019 - 86th Regular

Caption

Relating to an exemption from cemetery location restrictions for a funeral establishment licensed in this state.

Impact

The changes proposed in HB 3990 would notably affect the existing regulatory framework governing cemetery operations in Texas. By permitting exceptions for certain religious organizations, the legislation may result in more columbariums and mausoleums being established across the state. This could facilitate the interment practices of ordained clergy and provide dedicated sites within community contexts, recognizing the unique requirements of various religious groups. It potentially eases the process for these organizations to administer their burial and memorialization practices, thus aligning state law with specific religious traditions.

Summary

House Bill 3990 aims to amend the Health and Safety Code to provide exemptions from location restrictions on cemeteries specifically for funeral establishments licensed within the state of Texas. It outlines several specific scenarios where these exemptions apply, primarily focusing on organized religious societies and their associated practices for the establishment of columbariums and mausoleums. The bill recognizes the traditions and needs of these religious entities, allowing them to establish burial sites under fewer regulatory hurdles, particularly when these establishments are affiliated with locations of worship.

Contention

Despite the bill's intent to support religious organizations, there may be contention surrounding the implications of exempting certain funeral establishments from location restrictions. Critics could argue that this legislative move may lead to uneven enforcement and oversight regarding cemetery standards, potentially raising concerns about public health, safety, and environmental regulations. There is also the possibility that such exemptions might lead to conflicts with local zoning laws if not adequately regulated, thereby igniting a debate about local versus state jurisdiction in public health matters.