By: Wentworth S.B. No. 131
(In the Senate - Filed November 8, 2010; January 31, 2011,
read first time and referred to Committee on Intergovernmental
Relations; March 7, 2011, reported favorably by the following
vote: Yeas 5, Nays 0; March 7, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to cemeteries in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.008, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (h) to
read as follows:
(a) Except as provided by Subsections (b), (f), (g), (h),
and (k), an individual, corporation, partnership, firm, trust, or
association may not establish or operate a cemetery, or use any land
for the interment of remains, located:
(1) in or within one mile of the boundaries of a
municipality with a population of 5,000 to 25,000;
(2) in or within two miles of the boundaries of a
municipality with a population of 25,000 to 50,000;
(3) in or within three miles of the boundaries of a
municipality with a population of 50,000 to 100,000;
(4) in or within four miles of the boundaries of a
municipality with a population of 100,000 to 200,000; or
(5) in or within five miles of the boundaries of a
municipality with a population of at least 200,000.
(h) Not later than September 1, 2014, a person may file a
written application with the governing body of a municipality to
establish or use a cemetery located inside the boundaries of the
municipality. The municipality by ordinance shall prescribe the
information to be included in the application. The governing body
by ordinance may authorize the establishment or use of a cemetery
located inside the boundaries of the municipality if the
municipality determines and states in the ordinance that the
establishment or use of the cemetery does not adversely affect
public health, safety, and welfare. This subsection applies only
to a municipality that:
(1) is located in three or more counties;
(2) has a population of 18,000 or more; and
(3) does not have a cemetery within its boundaries,
other than a family cemetery.
SECTION 2. This Act takes effect September 1, 2011.
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