By: Schofield (Senate Sponsor - Kolkhorst) H.B. No. 2214
(In the Senate - Received from the House May 10, 2017;
May 10, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2017, reported favorably by
the following vote: Yeas 6, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
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 (g-1) to
read as follows:
(a) Except as provided by Subsections (b), (f), (g), (g-1),
(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.
(g-1) Not later than September 1, 2020, a nonprofit
organization 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 is wholly or partly located in a county with
a population of more than 3.3 million.
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, 2017.
* * * * *