| 1 | 1 | | 87R11252 EAS-D |
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| 2 | 2 | | By: Meza H.B. No. 3199 |
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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 and counties. |
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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 Subsections (g-2) and |
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| 11 | 11 | | (g-3) to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsections (b), (f), (g), (g-1), |
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| 13 | 13 | | (g-2), (g-3), (h), and (k), an individual, corporation, |
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| 14 | 14 | | partnership, firm, trust, or association may not establish or |
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| 15 | 15 | | operate a cemetery, or use any land for the interment of remains, |
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| 16 | 16 | | located: |
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| 17 | 17 | | (1) in or within one mile of the boundaries of a |
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| 18 | 18 | | municipality with a population of 5,000 to 25,000; |
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| 19 | 19 | | (2) in or within two miles of the boundaries of a |
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| 20 | 20 | | municipality with a population of 25,000 to 50,000; |
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| 21 | 21 | | (3) in or within three miles of the boundaries of a |
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| 22 | 22 | | municipality with a population of 50,000 to 100,000; |
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| 23 | 23 | | (4) in or within four miles of the boundaries of a |
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| 24 | 24 | | municipality with a population of 100,000 to 200,000; or |
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| 25 | 25 | | (5) in or within five miles of the boundaries of a |
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| 26 | 26 | | municipality with a population of at least 200,000. |
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| 27 | 27 | | (g-2) An individual, corporation, partnership, firm, trust, |
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| 28 | 28 | | or association may file a written application with the governing |
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| 29 | 29 | | body of a municipality to establish or use a cemetery located inside |
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| 30 | 30 | | the limits of the municipality. The governing body by ordinance |
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| 31 | 31 | | shall prescribe the information to be included in the application. |
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| 32 | 32 | | The governing body by ordinance may authorize the establishment or |
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| 33 | 33 | | use of the cemetery if the governing body determines and states in |
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| 34 | 34 | | the ordinance that the establishment or use of the cemetery does not |
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| 35 | 35 | | adversely affect public health, safety, and welfare. This |
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| 36 | 36 | | subsection applies only to a municipality that is located in: |
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| 37 | 37 | | (1) a county with a population of more than 750,000; or |
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| 38 | 38 | | (2) a county adjacent to a county with a population of |
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| 39 | 39 | | more than 750,000. |
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| 40 | 40 | | (g-3) An individual, corporation, partnership, firm, trust, |
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| 41 | 41 | | or association may file a written application with the |
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| 42 | 42 | | commissioners court of a county to establish or use a cemetery |
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| 43 | 43 | | located inside the limits of the county. The commissioners court by |
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| 44 | 44 | | order shall prescribe the information to be included in the |
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| 45 | 45 | | application. The commissioners court by order may authorize the |
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| 46 | 46 | | establishment or use of the cemetery if the commissioners court |
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| 47 | 47 | | determines and states in the order that the establishment or use of |
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| 48 | 48 | | the cemetery does not adversely affect public health, safety, and |
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| 49 | 49 | | welfare. This subsection applies only to a county: |
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| 50 | 50 | | (1) with a population of more than 750,000; or |
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| 51 | 51 | | (2) that is adjacent to a county with a population of |
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| 52 | 52 | | more than 750,000. |
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| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2021. |
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