| 1 | 1 | | 88R13096 SCL-D |
|---|
| 2 | 2 | | By: Kuempel H.B. No. 3110 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the removal of human remains interred in a discovered |
|---|
| 8 | 8 | | unknown or abandoned cemetery. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 711.010(a), (b), and (c), Health and |
|---|
| 11 | 11 | | Safety Code, are amended to read as follows: |
|---|
| 12 | 12 | | (a) The owner of property on which an unknown cemetery is |
|---|
| 13 | 13 | | discovered or on which an abandoned cemetery is located may not |
|---|
| 14 | 14 | | construct improvements on the property in a manner that would |
|---|
| 15 | 15 | | disturb the cemetery until the human remains interred in the |
|---|
| 16 | 16 | | cemetery are removed under a written order issued by the state |
|---|
| 17 | 17 | | registrar or the state registrar's designee under Section |
|---|
| 18 | 18 | | 711.004(f) and under an order of the commissioners [a district] |
|---|
| 19 | 19 | | court of the county in which the cemetery is located as provided by |
|---|
| 20 | 20 | | this section, except as provided by Section 711.004(f-1). |
|---|
| 21 | 21 | | (b) On petition of the owner of the property, the |
|---|
| 22 | 22 | | commissioners [a district] court of the county in which an unknown |
|---|
| 23 | 23 | | cemetery is discovered or an abandoned cemetery is located may |
|---|
| 24 | 24 | | order the removal of any dedication for cemetery purposes that |
|---|
| 25 | 25 | | affects the property if the court finds that the removal of the |
|---|
| 26 | 26 | | dedication is in the public interest. If the [a] court orders the |
|---|
| 27 | 27 | | removal of a dedication of a cemetery and all human remains in that |
|---|
| 28 | 28 | | cemetery have not previously been removed, the court shall order |
|---|
| 29 | 29 | | the removal of the human remains from the cemetery to: |
|---|
| 30 | 30 | | (1) a perpetual care cemetery; |
|---|
| 31 | 31 | | (2) a municipal or county cemetery; or |
|---|
| 32 | 32 | | (3) any other place on the owner's property that the |
|---|
| 33 | 33 | | [district] court finds is in the public interest. |
|---|
| 34 | 34 | | (c) In addition to any notice required by Section 711.004, |
|---|
| 35 | 35 | | notice of a petition filed under Subsection (b) must be given to the |
|---|
| 36 | 36 | | Texas Historical Commission and to the county historical commission |
|---|
| 37 | 37 | | of the county in which the cemetery is located. The commissioners |
|---|
| 38 | 38 | | court of the county may consult the Texas Historical Commission and |
|---|
| 39 | 39 | | the county historical commission in making a decision under this |
|---|
| 40 | 40 | | section. The court may also designate or appoint any person, party, |
|---|
| 41 | 41 | | court appointed representative, or official the court considers |
|---|
| 42 | 42 | | necessary to assist in determining whether the removal is in the |
|---|
| 43 | 43 | | public interest. |
|---|
| 44 | 44 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 45 | 45 | | a petition filed on or after the effective date of this Act. A |
|---|
| 46 | 46 | | petition filed before the effective date of this Act is governed by |
|---|
| 47 | 47 | | the law in effect on the date the petition was filed, and that law is |
|---|
| 48 | 48 | | continued in effect for that purpose. |
|---|
| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|