Texas 2023 - 88th Regular

Texas House Bill HB783 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 783
2	2
3	3
4	4	AN ACT
5	5	relating to cemeteries in certain municipalities and counties.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 711.008, Health and Safety Code, is
8	8	amended by amending Subsection (a) and adding Subsections (g-3) and
9	9	(g-4) to read as follows:
10	10	(a) Except as provided by Subsections (b), (f), (g), (g-1),
11	11	(g-2), (g-3), (g-4), (h), and (k), an individual, corporation,
12	12	partnership, firm, trust, or association may not establish or
13	13	operate a cemetery, or use any land for the interment of remains,
14	14	located:
15	15	(1) in or within one mile of the boundaries of a
16	16	municipality with a population of 5,000 to 25,000;
17	17	(2) in or within two miles of the boundaries of a
18	18	municipality with a population of 25,000 to 50,000;
19	19	(3) in or within three miles of the boundaries of a
20	20	municipality with a population of 50,000 to 100,000;
21	21	(4) in or within four miles of the boundaries of a
22	22	municipality with a population of 100,000 to 200,000; or
23	23	(5) in or within five miles of the boundaries of a
24	24	municipality with a population of at least 200,000.
25	25	(g-3) An individual, corporation, partnership, firm, trust,
26	26	or association may file a written application with the governing
27	27	body of a municipality to establish or use a cemetery located inside
28	28	the limits of the municipality. The governing body by ordinance
29	29	shall prescribe the information to be included in the application.
30	30	The governing body by ordinance may authorize the establishment or
31	31	use of the cemetery if the governing body determines and states in
32	32	the ordinance that the establishment or use of the cemetery does not
33	33	adversely affect public health, safety, and welfare. This
34	34	subsection applies only to a municipality that is located in:
35	35	(1) a county with a population of more than 750,000; or
36	36	(2) a county adjacent to a county with a population of
37	37	more than 750,000.
38	38	(g-4) An individual, corporation, partnership, firm, trust,
39	39	or association may file a written application with the
40	40	commissioners court of a county to establish or use a cemetery
41	41	located inside the limits of the county. The commissioners court by
42	42	order shall prescribe the information to be included in the
43	43	application. The commissioners court by order may authorize the
44	44	establishment or use of the cemetery if the commissioners court
45	45	determines and states in the order that the establishment or use of
46	46	the cemetery does not adversely affect public health, safety, and
47	47	welfare. This subsection applies only to a county:
48	48	(1) with a population of more than 750,000; or
49	49	(2) that is adjacent to a county with a population of
50	50	more than 750,000.
51	51	SECTION 2. This Act takes effect September 1, 2023.
52	52	______________________________ ______________________________
53	53	President of the Senate Speaker of the House
54	54	I certify that H.B. No. 783 was passed by the House on April
55	55	14, 2023, by the following vote: Yeas 111, Nays 32, 2 present, not
56	56	voting.
57	57	______________________________
58	58	Chief Clerk of the House
59	59	I certify that H.B. No. 783 was passed by the Senate on May
60	60	22, 2023, by the following vote: Yeas 28, Nays 3.
61	61	______________________________
62	62	Secretary of the Senate
63	63	APPROVED: _____________________
64	64	Date
65	65	_____________________
66	66	Governor