| 1 | 1 | | By: Wentworth S.B. No. 131 |
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| 2 | 2 | | (Kuempel) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to cemeteries in certain municipalities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 711.008, Health and Safety Code, is |
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| 10 | 10 | | amended by amending Subsection (a) and adding Subsection (h) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsections (b), (f), (g), (h), |
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| 13 | 13 | | and (k), an individual, corporation, partnership, firm, trust, or |
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| 14 | 14 | | association may not establish or operate a cemetery, or use any land |
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| 15 | 15 | | for the interment of remains, located: |
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| 16 | 16 | | (1) in or within one mile of the boundaries of a |
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| 17 | 17 | | municipality with a population of 5,000 to 25,000; |
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| 18 | 18 | | (2) in or within two miles of the boundaries of a |
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| 19 | 19 | | municipality with a population of 25,000 to 50,000; |
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| 20 | 20 | | (3) in or within three miles of the boundaries of a |
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| 21 | 21 | | municipality with a population of 50,000 to 100,000; |
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| 22 | 22 | | (4) in or within four miles of the boundaries of a |
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| 23 | 23 | | municipality with a population of 100,000 to 200,000; or |
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| 24 | 24 | | (5) in or within five miles of the boundaries of a |
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| 25 | 25 | | municipality with a population of at least 200,000. |
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| 26 | 26 | | (h) Not later than September 1, 2014, a person may file a |
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| 27 | 27 | | written application with the governing body of a municipality to |
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| 28 | 28 | | establish or use a cemetery located inside the boundaries of the |
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| 29 | 29 | | municipality. The municipality by ordinance shall prescribe the |
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| 30 | 30 | | information to be included in the application. The governing body |
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| 31 | 31 | | by ordinance may authorize the establishment or use of a cemetery |
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| 32 | 32 | | located inside the boundaries of the municipality if the |
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| 33 | 33 | | municipality determines and states in the ordinance that the |
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| 34 | 34 | | establishment or use of the cemetery does not adversely affect |
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| 35 | 35 | | public health, safety, and welfare. This subsection applies only |
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| 36 | 36 | | to a municipality that: |
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| 37 | 37 | | (1) is located in three or more counties; |
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| 38 | 38 | | (2) has a population of 18,000 or more; and |
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| 39 | 39 | | (3) does not have a cemetery within its boundaries, |
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| 40 | 40 | | other than a family cemetery. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2011. |
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