Texas 2023 - 88th Regular

Texas House Bill HB3110

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the removal of human remains interred in a discovered unknown or abandoned cemetery.

Impact

This law emphasizes the importance of preserving the integrity of cemeteries, particularly those that may have historical or cultural significance. It provides a clear process for the removal of remains, including consultation with the Texas Historical Commission, ensuring that the interests of both property owners and historical preservation groups are considered. Additionally, the bill specifies that any petition for removal after the law's enactment will follow its stipulations, effectively updating and clarifying the previous legal ambiguities regarding cemetery management.

Summary

House Bill 3110 addresses the legal framework surrounding the discovery and handling of human remains in unknown or abandoned cemeteries in Texas. The bill stipulates that property owners cannot commence improvements on their land that would disturb such cemeteries unless the remains are removed under a court order and in compliance with regulations established by the state registrar. This reflects a significant attempt to ensure that human remains are treated with respect, particularly when they are discovered under circumstances that may not be immediately clear to property owners and local authorities.

Sentiment

The sentiment surrounding HB3110 appears to be generally supportive among legislators interested in balancing property rights with the preservation of historical sites. Advocates for the bill argue that it aligns with professional ethical standards for the treatment of human remains, as well as the need for communities to maintain respect for their deceased. Concerns may arise, however, from property owners who fear potential restrictions on their ability to develop land where such cemeteries are discovered.

Contention

While the bill has gained support, some points of contention may include debates over the extent of public interest in potential cemetery removals and how such processes are handled legally. Opponents might argue that the court processes could become cumbersome, or that property rights are being compromised. The balance between maintaining local control over property use and ensuring that human remains are treated properly is at the core of discussions surrounding the bill.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 711. General Provisions Relating To Cemeteries
    • Section: 010

Companion Bills

No companion bills found.

Similar Bills

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CA SB777

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NV AB350

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CA AB651

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IL HB1571

CEMETERIES-DISINTERMENT

HI HB1058

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HI SB1377

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CA AB3254

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