| 1 | 1 | | 89R1828 CXP-F |
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| 2 | 2 | | By: Dutton H.B. No. 5363 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to establishing the Historic Texas Freedmen's Cemetery |
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| 10 | 10 | | Designation Program; authorizing a fee. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act shall be known as the Historic Texas |
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| 13 | 13 | | Freedmen's Cemetery Designation Act. |
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| 14 | 14 | | SECTION 2. Chapter 442, Government Code, is amended by |
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| 15 | 15 | | adding Subchapter H to read as follows: |
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| 16 | 16 | | SUBCHAPTER H. HISTORIC TEXAS FREEDMEN'S CEMETERY DESIGNATION |
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| 17 | 17 | | PROGRAM |
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| 18 | 18 | | Sec. 442.301. DEFINITION. In this subchapter, "program" |
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| 19 | 19 | | means the Historic Texas Freedmen's Cemetery Designation Program. |
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| 20 | 20 | | Sec. 442.302. ESTABLISHMENT AND PURPOSE. The commission |
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| 21 | 21 | | shall establish the program to alert the public, as well as current |
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| 22 | 22 | | and future owners of land adjacent to the cemetery: |
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| 23 | 23 | | (1) of the existence of the cemetery; and |
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| 24 | 24 | | (2) that the cemetery contains the graves of freed |
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| 25 | 25 | | slaves. |
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| 26 | 26 | | Sec. 442.303. ELIGIBILITY. To be eligible for a |
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| 27 | 27 | | designation under the program, a cemetery must: |
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| 28 | 28 | | (1) contain the grave of at least one freed slave; and |
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| 29 | 29 | | (2) meet other requirements determined by the |
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| 30 | 30 | | commission. |
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| 31 | 31 | | Sec. 442.304. APPLYING FOR DESIGNATION. (a) Any person may |
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| 32 | 32 | | submit an application to the commission to designate a cemetery |
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| 33 | 33 | | under the program. |
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| 34 | 34 | | (b) The applicant must include as part of the application |
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| 35 | 35 | | information establishing: |
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| 36 | 36 | | (1) the existence of the cemetery; and |
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| 37 | 37 | | (2) that the cemetery contains the grave of at least |
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| 38 | 38 | | one freed slave. |
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| 39 | 39 | | Sec. 442.305. NOTICE OF APPLICATION. After the commission |
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| 40 | 40 | | receives an application to designate a cemetery under the program, |
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| 41 | 41 | | the commission shall notify the following persons of the |
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| 42 | 42 | | application: |
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| 43 | 43 | | (1) the owner of the property containing the cemetery; |
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| 44 | 44 | | (2) each owner of property adjacent to the cemetery; |
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| 45 | 45 | | and |
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| 46 | 46 | | (3) the cemetery organization, as defined by Section |
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| 47 | 47 | | 711.001, Health and Safety Code, if applicable. |
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| 48 | 48 | | Sec. 442.306. APPLICATION REVIEW; DECISION. (a) The |
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| 49 | 49 | | commission shall review each application it receives for |
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| 50 | 50 | | designation of a cemetery under the program and determine whether |
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| 51 | 51 | | the cemetery qualifies for designation under the program. |
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| 52 | 52 | | (b) If the commission determines the cemetery qualifies for |
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| 53 | 53 | | a designation under the program, the commission shall: |
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| 54 | 54 | | (1) approve the application; |
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| 55 | 55 | | (2) notify the applicant of the approval of the |
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| 56 | 56 | | application; and |
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| 57 | 57 | | (3) inform the applicant that the cemetery may be |
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| 58 | 58 | | recognized with a medallion available for purchase from the |
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| 59 | 59 | | commission to certify the cemetery's participation in the program. |
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| 60 | 60 | | (c) If the commission determines the cemetery does not |
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| 61 | 61 | | qualify for designation under the program, the commission shall |
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| 62 | 62 | | either: |
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| 63 | 63 | | (1) request additional information from the applicant |
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| 64 | 64 | | to support the application; or |
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| 65 | 65 | | (2) deny the application. |
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| 66 | 66 | | (d) If the commission denies the application for |
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| 67 | 67 | | designation under the program, the commission shall notify the |
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| 68 | 68 | | applicant of the denial and inform the applicant of the ability to |
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| 69 | 69 | | appeal the decision to the members of the commission. |
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| 70 | 70 | | Sec. 442.307. APPLICATION FORM; FEE; MEDALLION. (a) The |
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| 71 | 71 | | commission shall develop an application form and procedure for |
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| 72 | 72 | | applying for a designation under the program. The commission shall |
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| 73 | 73 | | post the application on the commission's Internet website. |
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| 74 | 74 | | (b) The commission may charge an application fee not to |
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| 75 | 75 | | exceed $25 for each application submitted under this subchapter. |
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| 76 | 76 | | (c) The commission shall design a medallion that may be used |
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| 77 | 77 | | to identify cemeteries that receive a designation under the |
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| 78 | 78 | | program. |
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| 79 | 79 | | Sec. 442.308. RULES. The commission shall adopt rules as |
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| 80 | 80 | | necessary to implement this subchapter. |
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| 81 | 81 | | SECTION 3. Not later than June 1, 2026, the Texas Historical |
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| 82 | 82 | | Commission shall adopt rules to administer the Historic Texas |
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| 83 | 83 | | Freedmen's Cemetery Designation Program established under |
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| 84 | 84 | | Subchapter H, Chapter 442, Government Code, as added by this Act. |
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| 85 | 85 | | SECTION 4. This Act takes effect September 1, 2025. |
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