Texas 2023 - 88th Regular

Texas House Bill HB2371

Filed
2/15/23  
Out of House Committee
4/4/23  
Voted on by House
4/14/23  
Out of Senate Committee
5/4/23  
Voted on by Senate
5/9/23  
Governor Action
5/23/23  

Caption

Relating to the disposition of burial spaces and abandoned plots in certain cemeteries in the possession and control of a municipality.

Impact

The implications of HB 2371 include modifications to the existing Health and Safety Code, which governs cemetery operations. By empowering municipalities to declare plots as abandoned under certain conditions and sell them after public hearings, this bill is expected to facilitate the better use of land designated for burial purposes. Notably, it specifies criteria for determining abandonment, allowing for greater clarity in local governance. The act is positioned to encourage cemeteries to remain operationally sustainable while addressing public needs for burial spaces more effectively.

Summary

House Bill 2371 pertains to the management of burial spaces and abandoned plots within cemeteries that are under the control of municipalities in Texas. Specifically, the bill allows municipalities that have possessed and maintained a cemetery for at least 25 years to sell additional burial spaces, contingent upon a public hearing and official findings ensuring that such action does not compromise public health and safety. This legislative measure is presented as a response to the need for municipalities to efficiently manage and utilize their cemetery resources, particularly in areas where there is an increasing demand for burial spaces due to community growth.

Sentiment

The overall sentiment surrounding HB 2371 appears to be supportive, particularly from local government entities and community organizations that recognize the importance of managing cemetery spaces proactively. The discussions leading up to the bill's passage, such as testimonies from municipal representatives, underscore a commitment to ensuring responsible oversight of cemetery management. However, as with many legislative measures, there may exist concerns from some stakeholders regarding the potential for misunderstanding of plot ownership and rights, thus highlighting the importance of clear communication and public engagement in the process.

Contention

Notable points of contention include the potential for disputes arising from the declaration of plots as abandoned and the subsequent authority granted to municipalities for disposition actions. The provisions for appealing abandonment findings provide a legal recourse for residents which is crucial for transparent governance. The balance between enabling municipal management and protecting individual rights regarding burial spaces is central to the discussions around this bill, stressing the need for municipalities to carry out these proceedings judiciously and with adequate public notice.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 713. Local Regulation Of Cemeteries
    • Section: 009
    • Section: 012
    • Section: 013
    • Section: 009
    • Section: 012
    • Section: 013
    • Section: 009
    • Section: 012
    • Section: 013
    • Section: 009
    • Section: 012
    • Section: 013
    • Section: 009
    • Section: 012
    • Section: 013

Companion Bills

TX SB2053

Identical Relating to the disposition of burial spaces and abandoned plots in certain cemeteries in the possession and control of a municipality.

Similar Bills

CA SB777

Abandoned endowment care cemeteries: local agency possession and responsibility.

NV AB350

Revises provisions relating to cemeteries. (BDR 40-874)

HI HB1058

Relating To Veterans Cemeteries.

HI SB1377

Relating To Veterans Cemeteries.

CA SB565

Employee housing: H-2A agricultural workers: inspections.

IL HB1418

CEMETERY OVERSIGHT-EXEMPTION

TX HB2369

Relating to the sale of a cemetery plot; providing a criminal penalty.

MI SB0157

Cemeteries and funerals: other; pet cemetery regulation act; create. Creates new act.