H.B. No. 2732
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 (m) to
read as follows:
(a) Except as provided by Subsections (b), (f), (g), (g-1),
(g-2), (h), [and] (k), and (m), 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.
(m) Not later than September 1, 2024, an organized religious
society or sect may file a written application with the governing
body of a municipality to establish or use a cemetery within the
boundaries of the municipality. The municipality by ordinance
shall prescribe the information to be included on 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 does not adversely affect
public health, safety, and welfare. This subsection applies only
to a municipality with a population of 200,000 or more located in a
county with a population of less than 300,000 that is adjacent to
this state's international border with Mexico.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2732 was passed by the House on April
14, 2023, by the following vote: Yeas 128, Nays 15, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2732 was passed by the Senate on May
16, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor