By: Meza (Senate Sponsor - West) H.B. No. 783
(In the Senate - Received from the House April 17, 2023;
April 18, 2023, read first time and referred to Committee on Local
Government; May 19, 2023, reported favorably by the following
vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
BettencourtX
SpringerX
EckhardtX
GutierrezX
HallX
NicholsX
ParkerX
PaxtonX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to cemeteries in certain municipalities and counties.
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 Subsections (g-3) and
(g-4) to read as follows:
(a) Except as provided by Subsections (b), (f), (g), (g-1),
(g-2), (g-3), (g-4), (h), and (k), 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.
(g-3) An individual, corporation, partnership, firm, trust,
or association may file a written application with the governing
body of a municipality to establish or use a cemetery located inside
the limits of the municipality. The governing body by ordinance
shall prescribe the information to be included in the application.
The governing body by ordinance may authorize the establishment or
use of the cemetery if the governing body determines and states in
the ordinance that the establishment or use of the cemetery does not
adversely affect public health, safety, and welfare. This
subsection applies only to a municipality that is located in:
(1) a county with a population of more than 750,000; or
(2) a county adjacent to a county with a population of
more than 750,000.
(g-4) An individual, corporation, partnership, firm, trust,
or association may file a written application with the
commissioners court of a county to establish or use a cemetery
located inside the limits of the county. The commissioners court by
order shall prescribe the information to be included in the
application. The commissioners court by order may authorize the
establishment or use of the cemetery if the commissioners court
determines and states in the order that the establishment or use of
the cemetery does not adversely affect public health, safety, and
welfare. This subsection applies only to a county:
(1) with a population of more than 750,000; or
(2) that is adjacent to a county with a population of
more than 750,000.
SECTION 2. This Act takes effect September 1, 2023.
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