| 1 | 1 | | 88R2360 EAS-D |
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| 2 | 2 | | By: Schofield H.B. No. 452 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to cemeteries in certain municipalities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 711.008(g-1), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (g-1) Not later than September 1, 2026 [2020], a nonprofit |
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| 12 | 12 | | organization may file a written application with the governing body |
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| 13 | 13 | | of a municipality to establish or use a cemetery located inside the |
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| 14 | 14 | | boundaries of the municipality. The municipality by ordinance shall |
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| 15 | 15 | | prescribe the information to be included in the application. The |
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| 16 | 16 | | governing body by ordinance may authorize the establishment or use |
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| 17 | 17 | | of a cemetery located inside the boundaries of the municipality if |
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| 18 | 18 | | the municipality determines and states in the ordinance that the |
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| 19 | 19 | | establishment or use of the cemetery does not adversely affect |
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| 20 | 20 | | public health, safety, and welfare. This subsection applies only to |
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| 21 | 21 | | a municipality that is wholly or partly located in a county with a |
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| 22 | 22 | | population of more than 3.3 million. |
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| 23 | 23 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 27 | | Act takes effect September 1, 2023. |
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