Texas 2023 - 88th Regular

Texas Senate Bill SB2053

Filed
3/9/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the disposition of burial spaces and abandoned plots in certain cemeteries in the possession and control of a municipality.

Impact

The impact of SB2053 is significant for municipalities managing cemeteries, particularly those with plots that have been long unutilized. By facilitating the sale of additional burial spaces, the bill not only aims to enhance the upkeep of aging cemeteries but also provides a potential revenue stream for municipalities. The introduction of procedures for public hearings and notifications also ensures transparency and community involvement, aligning municipal actions with public interests and health standards.

Summary

Senate Bill 2053 aims to amend the Health and Safety Code concerning the management and disposition of burial spaces and abandoned plots in cemeteries that are under municipal possession and control. The bill explicitly stipulates that municipalities can sell additional burial spaces in cemeteries they have maintained for at least 25 years, provided they hold a public hearing and determine that such sale will not endanger public health or safety. This effectively updates the legal framework governing abandoned plots, ensuring that local authorities have clearer guidelines for both maintenance and potential sale of these spaces.

Sentiment

The sentiment surrounding SB2053 appears to be generally supportive, particularly among municipal representatives and cemetery management advocates, who view the bill as a necessary update that clarifies existing laws. For instance, representatives from the Texas Cemetery Association voiced their support during discussions, emphasizing the importance of structured management of abandoned plots. However, concerns were raised by individuals worried about the implications for families with ties to abandoned plots, highlighting a dual narrative where both support for practical governance and fears of potential overreach are present.

Contention

Notable points of contention include the balance between preserving historical family plots and allowing municipalities the flexibility to manage cemetery resources effectively. While proponents argue that SB2053 is critically important for public health and safety, opponents express concerns regarding how these measures might inadvertently marginalize families or communities tied to abandoned plots. The possibility of appeals against the declaration of plots as abandoned also introduces an additional layer of legal complexity, which could lead to further disputes, reflecting ongoing tensions between regulation and community sentiment.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 713. Local Regulation Of Cemeteries
    • Section: 009
    • Section: 012
    • Section: 013
    • Section: 009
    • Section: 012
    • Section: 013

Companion Bills

TX HB2371

Identical Relating to the disposition of burial spaces and abandoned plots in certain cemeteries in the possession and control of a municipality.

Similar Bills

CA SB777

Abandoned endowment care cemeteries: local agency possession and responsibility.

NV AB350

Revises provisions relating to cemeteries. (BDR 40-874)

HI HB1058

Relating To Veterans Cemeteries.

HI SB1377

Relating To Veterans Cemeteries.

CA SB565

Employee housing: H-2A agricultural workers: inspections.

IL HB1418

CEMETERY OVERSIGHT-EXEMPTION

TX HB2369

Relating to the sale of a cemetery plot; providing a criminal penalty.

MI SB0157

Cemeteries and funerals: other; pet cemetery regulation act; create. Creates new act.