Texas House Bill HB788

Texas 2011 - 82nd Regular

• Out of House Committee: 4/19/11
• Introduced: 1/21/11
• Voted on by House: 4/27/11
• Refer: 2/23/11
• Out of Senate Committee: 5/13/11
• Report Pass: 4/18/11
• Voted on by Senate: 5/24/11
• Engrossed: 4/27/11
• Governor Action: 6/17/11
• Refer: 5/2/11
• Report Pass: 5/13/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to the establishment and use of a private family cemetery by certain organizations in certain counties.

Impact

If enacted, HB 788 would create a legal pathway for religious organizations and certain non-profit entities to create private family cemeteries, facilitating the management of burial sites for ordained clergy and their families. This legislative change reflects a growing recognition of the need for burial spaces that adhere to specific religious and familial practices, enabling these organizations to better serve their members while ensuring compliance with tax-exempt status requirements.

Summary

House Bill 788 seeks to amend Section 711.008 of the Health and Safety Code to establish provisions for the creation and use of private family cemeteries by certain organizations. This bill specifically addresses the organizations that are exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. It allows these entities to establish and maintain private family cemeteries on land they own, thus acknowledging and supporting the burial preferences of families affiliated with religious organizations.

Contention

While fostering the establishment of private family cemeteries, there may be potential points of contention regarding zoning regulations and land use policies in various counties. Stakeholders need to consider community sentiments about the integration of burial sites within residential or commercial areas, as local governments may have differing views on such establishments. Furthermore, the bill could encounter challenges related to environmental assessments and land management, particularly if the cemeteries are located in sensitive areas.