Texas 2023 - 88th Regular

Texas House Bill HB783 Latest Draft

Bill / Enrolled Version Filed 05/23/2023

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                            H.B. No. 783


 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 783 was passed by the House on April
 14, 2023, by the following vote:  Yeas 111, Nays 32, 2 present, not
 voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 783 was passed by the Senate on May
 22, 2023, by the following vote:  Yeas 28, Nays 3.
 ______________________________
 Secretary of the Senate
 APPROVED:  _____________________
 Date
 _____________________
 Governor