Texas 2025 - 89th Regular

Texas House Bill HB5264 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2880 CXP-D
2	2	By: Cunningham H.B. No. 5264
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to establishing the Historic Texas Cemeteries Designation
10	10	Program; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 442, Government Code, is amended by
13	13	adding Subchapter I to read as follows:
14	14	SUBCHAPTER I. HISTORIC TEXAS CEMETERIES DESIGNATION PROGRAM
15	15	Sec. 442.351. DEFINITION. In this subchapter, "program"
16	16	means the Historic Texas Cemeteries Designation Program.
17	17	Sec. 442.352. ESTABLISHMENT AND PURPOSE. The commission
18	18	shall establish the program to alert the public, as well as current
19	19	and future owners of land adjacent to a cemetery, of the cemetery's
20	20	existence.
21	21	Sec. 442.353. ELIGIBILITY. To be eligible for a
22	22	designation under the program, a cemetery must:
23	23	(1) be worthy of recognition and preservation for the
24	24	cemetery's historical associations; and
25	25	(2) be established at least 50 years before the date an
26	26	application is submitted to the commission to designate the
27	27	cemetery under the program, unless the commission determines the
28	28	cemetery is exceptionally significant.
29	29	Sec. 442.354. APPLYING FOR DESIGNATION. (a) Any person may
30	30	submit an application to the commission to designate a cemetery
31	31	under the program.
32	32	(b) The applicant must include as part of the application
33	33	information establishing the existence of the cemetery.
34	34	Sec. 442.355. NOTICE OF APPLICATION. (a) After the
35	35	commission receives an application to designate a cemetery under
36	36	the program, the commission shall notify the following persons of
37	37	the application:
38	38	(1) the owner of the property containing the cemetery;
39	39	(2) each owner of property adjacent to the cemetery;
40	40	and
41	41	(3) the county historical commission established
42	42	under Chapter 318, Local Government Code, for the county in which
43	43	the cemetery is located, if applicable.
44	44	(b) The commission shall provide a county historical
45	45	commission described by Subsection (a)(3) with a copy of the
46	46	application materials to designate a cemetery under the program.
47	47	Sec. 442.356. APPLICATION REVIEW; DECISION. (a) The
48	48	commission shall review each application it receives for
49	49	designation of a cemetery under the program and determine whether
50	50	the cemetery qualifies for designation under the program.
51	51	(b) If the commission determines the cemetery qualifies for
52	52	a designation under the program, the commission shall:
53	53	(1) approve the application;
54	54	(2) notify the applicant of the approval of the
55	55	application;
56	56	(3) send to the applicant a declaration of dedication
57	57	to be filed with the appropriate county clerk's office; and
58	58	(4) inform the applicant that the cemetery may be
59	59	recognized with an Official Texas Historical Marker available for
60	60	purchase from the commission to certify the cemetery's
61	61	participation in the program.
62	62	(c) A cemetery is officially recognized under the program on
63	63	the commission's receipt of a copy of the filed declaration of
64	64	dedication described by Subsection (b)(3), including any exhibits
65	65	filed with the declaration. The copy of the declaration of
66	66	dedication must show the date the declaration was filed and the
67	67	recording information for the declaration.
68	68	(d) If the commission determines the cemetery does not
69	69	qualify for designation under the program, the commission shall
70	70	either:
71	71	(1) request additional information from the applicant
72	72	to support the application; or
73	73	(2) deny the application.
74	74	(e) If the commission denies the application for
75	75	designation under the program, the commission shall notify the
76	76	applicant of the denial and inform the applicant of the ability to
77	77	appeal the decision to the members of the commission.
78	78	Sec. 442.357. APPLICATION FORM; FEE. (a) The commission
79	79	shall develop an application form and procedure for applying for a
80	80	designation under the program. The application may require any
81	81	information the commission considers necessary, including a deed
82	82	and title, plot records, archival documents, photographs, oral
83	83	histories, and archaeological data.
84	84	(b) The commission shall make the application available at
85	85	the commission's office or post the application on the commission's
86	86	Internet website.
87	87	(c) The commission may charge a processing fee not to exceed
88	88	$25 for each application submitted under this subchapter.
89	89	Sec. 442.358. EFFECT OF DESIGNATION; REMOVAL. (a) A
90	90	historic cemetery designation under the program does not restrict
91	91	in any way a property owner's use of land outside the designated
92	92	cemetery's boundaries.
93	93	(b) A historic cemetery designation under the program may be
94	94	removed only by:
95	95	(1) commission action; or
96	96	(2) an order of a court of competent jurisdiction:
97	97	(A) removing the designation; or
98	98	(B) removing the dedication and returning the
99	99	land to other purposes.
100	100	(c) A transfer of ownership of property containing a
101	101	cemetery designated under the program does not result in a removal
102	102	of the designation.
103	103	Sec. 442.359. RULES. The commission shall adopt rules as
104	104	necessary to implement this subchapter.
105	105	SECTION 2. This Act takes effect September 1, 2025.