89R1828 CXP-F
By: Dutton H.B. No. 5363
A BILL TO BE ENTITLED
AN ACT
relating to establishing the Historic Texas Freedmen's Cemetery
Designation Program; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Historic Texas
Freedmen's Cemetery Designation Act.
SECTION 2. Chapter 442, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. HISTORIC TEXAS FREEDMEN'S CEMETERY DESIGNATION
PROGRAM
Sec. 442.301. DEFINITION. In this subchapter, "program"
means the Historic Texas Freedmen's Cemetery Designation Program.
Sec. 442.302. ESTABLISHMENT AND PURPOSE. The commission
shall establish the program to alert the public, as well as current
and future owners of land adjacent to the cemetery:
(1) of the existence of the cemetery; and
(2) that the cemetery contains the graves of freed
slaves.
Sec. 442.303. ELIGIBILITY. To be eligible for a
designation under the program, a cemetery must:
(1) contain the grave of at least one freed slave; and
(2) meet other requirements determined by the
commission.
Sec. 442.304. APPLYING FOR DESIGNATION. (a) Any person may
submit an application to the commission to designate a cemetery
under the program.
(b) The applicant must include as part of the application
information establishing:
(1) the existence of the cemetery; and
(2) that the cemetery contains the grave of at least
one freed slave.
Sec. 442.305. NOTICE OF APPLICATION. After the commission
receives an application to designate a cemetery under the program,
the commission shall notify the following persons of the
application:
(1) the owner of the property containing the cemetery;
(2) each owner of property adjacent to the cemetery;
and
(3) the cemetery organization, as defined by Section
711.001, Health and Safety Code, if applicable.
Sec. 442.306. APPLICATION REVIEW; DECISION. (a) The
commission shall review each application it receives for
designation of a cemetery under the program and determine whether
the cemetery qualifies for designation under the program.
(b) If the commission determines the cemetery qualifies for
a designation under the program, the commission shall:
(1) approve the application;
(2) notify the applicant of the approval of the
application; and
(3) inform the applicant that the cemetery may be
recognized with a medallion available for purchase from the
commission to certify the cemetery's participation in the program.
(c) If the commission determines the cemetery does not
qualify for designation under the program, the commission shall
either:
(1) request additional information from the applicant
to support the application; or
(2) deny the application.
(d) If the commission denies the application for
designation under the program, the commission shall notify the
applicant of the denial and inform the applicant of the ability to
appeal the decision to the members of the commission.
Sec. 442.307. APPLICATION FORM; FEE; MEDALLION. (a) The
commission shall develop an application form and procedure for
applying for a designation under the program. The commission shall
post the application on the commission's Internet website.
(b) The commission may charge an application fee not to
exceed $25 for each application submitted under this subchapter.
(c) The commission shall design a medallion that may be used
to identify cemeteries that receive a designation under the
program.
Sec. 442.308. RULES. The commission shall adopt rules as
necessary to implement this subchapter.
SECTION 3. Not later than June 1, 2026, the Texas Historical
Commission shall adopt rules to administer the Historic Texas
Freedmen's Cemetery Designation Program established under
Subchapter H, Chapter 442, Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.