Texas 2025 - 89th Regular

Texas House Bill HB5363

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to establishing the Historic Texas Freedmen's Cemetery Designation Program; authorizing a fee.

Impact

The bill outlines a formal application process for cemetery designation. To qualify, a cemetery must contain the grave of at least one freed slave, along with fulfilling any additional criteria set by the commission. Once an application is received, the commission is required to notify property owners nearby and review the application to determine eligibility. If approved, the cemetery will be recognized with a medallion that signifies its participation in the program, reinforcing its historical significance.

Summary

House Bill 5363, known as the Historic Texas Freedmen's Cemetery Designation Act, seeks to establish a program for the recognition and preservation of cemeteries that contain the graves of freed slaves in Texas. The bill mandates the creation of the Historic Texas Freedmen's Cemetery Designation Program under the jurisdiction of the Texas Historical Commission. The program's primary purpose is to inform the public and adjacent property owners of the existence of these cemeteries, promoting historical awareness and preservation efforts.

Conclusion

HB 5363 is primarily aimed at ensuring that cemeteries significant to African American history, particularly those related to freed slaves, are recognized and preserved. While it offers a structured approach for designation, the success of the program will depend on widespread awareness, community involvement, and the ability to navigate the proposed application processes without imposing financial burdens on applicants.

Contention

Notably, the program also specifies the potential for fees, as the commission may charge an application fee not exceeding $25. This has raised concerns among some stakeholders regarding the accessibility of the program for smaller or under-resourced cemetery organizations. Further, the requirement for cemeteries to demonstrate the presence of freed slave graves could present challenges in documentation and verification, potentially limiting the number of historical sites that can be officially designated.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 442. Texas Historical Commission
    • Section: New Section

Companion Bills

TX SB217

Identical Relating to establishing the Historic Texas Freedmen's Cemetery Designation Program; authorizing a fee.

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