88R13096 SCL-D
By: Kuempel H.B. No. 3110
A BILL TO BE ENTITLED
AN ACT
relating to the removal of human remains interred in a discovered
unknown or abandoned cemetery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 711.010(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) The owner of property on which an unknown cemetery is
discovered or on which an abandoned cemetery is located may not
construct improvements on the property in a manner that would
disturb the cemetery until the human remains interred in the
cemetery are removed under a written order issued by the state
registrar or the state registrar's designee under Section
711.004(f) and under an order of the commissioners [a district]
court of the county in which the cemetery is located as provided by
this section, except as provided by Section 711.004(f-1).
(b) On petition of the owner of the property, the
commissioners [a district] court of the county in which an unknown
cemetery is discovered or an abandoned cemetery is located may
order the removal of any dedication for cemetery purposes that
affects the property if the court finds that the removal of the
dedication is in the public interest. If the [a] court orders the
removal of a dedication of a cemetery and all human remains in that
cemetery have not previously been removed, the court shall order
the removal of the human remains from the cemetery to:
(1) a perpetual care cemetery;
(2) a municipal or county cemetery; or
(3) any other place on the owner's property that the
[district] court finds is in the public interest.
(c) In addition to any notice required by Section 711.004,
notice of a petition filed under Subsection (b) must be given to the
Texas Historical Commission and to the county historical commission
of the county in which the cemetery is located. The commissioners
court of the county may consult the Texas Historical Commission and
the county historical commission in making a decision under this
section. The court may also designate or appoint any person, party,
court appointed representative, or official the court considers
necessary to assist in determining whether the removal is in the
public interest.
SECTION 2. The changes in law made by this Act apply only to
a petition filed on or after the effective date of this Act. A
petition filed before the effective date of this Act is governed by
the law in effect on the date the petition was filed, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.