By: Hinojosa S.B. No. 629
(In the Senate - Filed February 9, 2021; March 11, 2021,
read first time and referred to Committee on Business & Commerce;
April 7, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 7, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 629 By: Nichols
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 (l) to
read as follows:
(a) Except as provided by Subsections (b), (f), (g), (g-1),
(h), [and] (k), and (l), 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.
(l) Not later than September 1, 2022, an individual,
corporation, partnership, firm, trust, or association may file a
written application with the governing body of a municipality to
which this subsection applies to establish or use a cemetery
located inside the legal 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 the cemetery 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:
(1) with a population of not less than 75,000 and not
more than 95,000; and
(2) in which a state veterans cemetery is located.
SECTION 2. This Act takes effect September 1, 2021.
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