By: Eltife S.B. No. 1343
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on Administration;
March 30, 2011, reported favorably by the following vote: Yeas 5,
Nays 0; March 30, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to archeological cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.001, Health and Safety Code, is
amended by amending Subdivisions (1) and (1-a) and adding
Subdivision (1-b) to read as follows:
(1) "Archeological cemetery" means an unmarked or
abandoned cemetery that has been designated as an archeological
cemetery by the Texas Historical Commission in accordance with
criteria established under commission rule.
(1-a) "Burial park" means a tract of land that is used
or intended to be used for interment in graves.
(1-b) [(1-a)] "Campus" means the area:
(A) within the boundaries of one or more adjacent
tracts, parcels, or lots under common ownership;
(B) on which the principal church building and
related structures and facilities of an organized religious society
or sect are located; and
(C) that may be subject to one or more easements
for street, utility, or pipeline purposes.
SECTION 2. Subsection (a), Section 711.010, Health and
Safety Code, is amended to read as follows:
(a) The owner of property on which an unknown cemetery is
discovered or on which an abandoned cemetery is located may not
construct improvements on the property in a manner that would
further disturb the cemetery until the human remains interred in
the cemetery are removed under:
(1) either:
(A) a written order issued by the state registrar
or the state registrar's designee under Section 711.004(f); or
(B) for an archeological cemetery, a permit
issued by the Texas Historical Commission; and
(2) [under] an order of a district court as provided by
this section.
SECTION 3. Subsection (a), Section 711.0105, Health and
Safety Code, is amended to read as follows:
(a) Except as provided by this subsection, the [The] removal
of remains authorized under this chapter shall be supervised by a
cemetery keeper, a licensed funeral director, a medical examiner, a
coroner, or a professional archeologist. The removal of remains
from an archeological cemetery may only be supervised by a
professional archeologist that meets any qualifications
established by the Texas Historical Commission.
SECTION 4. Subsection (a), Section 711.011, Health and
Safety Code, is amended to read as follows:
(a) Except as otherwise provided by this subsection, a [A]
person who discovers an unknown or abandoned cemetery shall file
notice of the cemetery with the county clerk of the county in which
the cemetery is located not later than the 90th [10th] day after the
date of the discovery. The notice must contain a legal description
of the land on which the unknown or abandoned cemetery was found and
describe the approximate location of the cemetery and the evidence
of the cemetery that was discovered. To protect an archeological
cemetery from looting or other desecration, a person who discovers
a cemetery the person reasonably believes might be an archeological
cemetery shall report the discovery to the Texas Historical
Commission but is not required to file notice with the county clerk
as required by this section.
SECTION 5. Section 711.041, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Notwithstanding any other provision of this section, a
member of the public may access an archeological cemetery only if
the Texas Historical Commission issues a written authorization for
the public access.
SECTION 6. This Act takes effect September 1, 2011.
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