Texas House Bill HB1404

Texas 2009 - 81st Regular

• Out of House Committee: 3/30/09
• Voted on by House: 4/7/09
• Out of Senate Committee: 5/8/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/23/09
• Passed: 6/19/09

Caption

Relating to the establishment and use of a columbarium by a church.

Impact

The enactment of HB 1404 will modify current regulations governing cemeteries, ensuring that organized religious entities have clear guidelines for establishing columbariums. By allowing these structures on church properties, the bill may promote a broader acceptance of columbariums in religious contexts, thus supporting churches in providing additional services and memorial options to their members. This represents a shift toward more inclusive practices regarding end-of-life services provided by religious organizations.

Summary

House Bill 1404 addresses the establishment and use of columbariums by organized religious societies or sects exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code. Specifically, the bill amends Section 711.008(b) of the Health and Safety Code to clarify the exempt status of columbariums located on church properties, allowing them to be established as part of or attached to the principal church building. This legislation signifies an effort to update existing laws governing cemetery establishments to include provisions for religious organizations wishing to provide such facilities for their congregations.

Contention

Although the bill primarily aims to support religious organizations, there could be concerns from local governments regarding the regulation of such establishments. Allowing columbariums on church property could lead to debates about zoning regulations and land use, particularly in municipalities with population densities that may challenge integration of such facilities. Critics may argue that this could lead to conflicts over local zoning laws and property management, especially if community needs for space or services conflict with the interests of religious institutions.