By: Kuempel (Senate Sponsor - Uresti) H.B. No. 1415
(In the Senate - Received from the House April 20, 2015;
April 30, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 13, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
LucioX
BettencourtX
CampbellX
GarciaX
MenéndezX
NicholsX
TaylorofGalvestonX
A BILL TO BE ENTITLED
AN ACT
relating to establishment or use of cemeteries in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (h), Section 711.008, Health and
Safety Code, as added by Chapter 367 (S.B. 131), Acts of the 82nd
Legislature, Regular Session, 2011, is redesignated as Subsection
(i), Section 711.008, Health and Safety Code, and amended to read as
follows:
(i) [(h)] A [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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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