Texas 2025 - 89th Regular

Texas Senate Bill SB217 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R1828 CXP-F
1	2		By: West S.B. No. 217
2		-	(In the Senate - Filed November 12, 2024; February 3, 2025,
3		-	read first time and referred to Committee on Economic Development;
4		-	April 7, 2025, reported favorably by the following vote: Yeas 4,
5		-	Nays 1; April 7, 2025, sent to printer.)
6		-	Click here to see the committee vote
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9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to establishing the Historic Texas Freedmen's Cemetery
12	10		Designation Program; authorizing a fee.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. This Act shall be known as the Historic Texas
15	13		Freedmen's Cemetery Designation Act.
16	14		SECTION 2. Chapter 442, Government Code, is amended by
17	15		adding Subchapter H to read as follows:
18	16		SUBCHAPTER H. HISTORIC TEXAS FREEDMEN'S CEMETERY DESIGNATION
19	17		PROGRAM
20	18		Sec. 442.301. DEFINITION. In this subchapter, "program"
21	19		means the Historic Texas Freedmen's Cemetery Designation Program.
22	20		Sec. 442.302. ESTABLISHMENT AND PURPOSE. The commission
23	21		shall establish the program to alert the public, as well as current
24	22		and future owners of land adjacent to the cemetery:
25	23		(1) of the existence of the cemetery; and
26	24		(2) that the cemetery contains the graves of freed
27	25		slaves.
28	26		Sec. 442.303. ELIGIBILITY. To be eligible for a
29	27		designation under the program, a cemetery must:
30	28		(1) contain the grave of at least one freed slave; and
31	29		(2) meet other requirements determined by the
32	30		commission.
33	31		Sec. 442.304. APPLYING FOR DESIGNATION. (a) Any person may
34	32		submit an application to the commission to designate a cemetery
35	33		under the program.
36	34		(b) The applicant must include as part of the application
37	35		information establishing:
38	36		(1) the existence of the cemetery; and
39	37		(2) that the cemetery contains the grave of at least
40	38		one freed slave.
41	39		Sec. 442.305. NOTICE OF APPLICATION. After the commission
42	40		receives an application to designate a cemetery under the program,
43	41		the commission shall notify the following persons of the
44	42		application:
45	43		(1) the owner of the property containing the cemetery;
46	44		(2) each owner of property adjacent to the cemetery;
47	45		and
48	46		(3) the cemetery organization, as defined by Section
49	47		711.001, Health and Safety Code, if applicable.
50	48		Sec. 442.306. APPLICATION REVIEW; DECISION. (a) The
51	49		commission shall review each application it receives for
52	50		designation of a cemetery under the program and determine whether
53	51		the cemetery qualifies for designation under the program.
54	52		(b) If the commission determines the cemetery qualifies for
55	53		a designation under the program, the commission shall:
56	54		(1) approve the application;
57	55		(2) notify the applicant of the approval of the
58	56		application; and
59	57		(3) inform the applicant that the cemetery may be
60	58		recognized with a medallion available for purchase from the
61	59		commission to certify the cemetery's participation in the program.
62	60		(c) If the commission determines the cemetery does not
63	61		qualify for designation under the program, the commission shall
64	62		either:
65	63		(1) request additional information from the applicant
66	64		to support the application; or
67	65		(2) deny the application.
68	66		(d) If the commission denies the application for
69	67		designation under the program, the commission shall notify the
70	68		applicant of the denial and inform the applicant of the ability to
71	69		appeal the decision to the members of the commission.
72	70		Sec. 442.307. APPLICATION FORM; FEE; MEDALLION. (a) The
73	71		commission shall develop an application form and procedure for
74	72		applying for a designation under the program. The commission shall
75	73		post the application on the commission's Internet website.
76	74		(b) The commission may charge an application fee not to
77	75		exceed $25 for each application submitted under this subchapter.
78	76		(c) The commission shall design a medallion that may be used
79	77		to identify cemeteries that receive a designation under the
80	78		program.
81	79		Sec. 442.308. RULES. The commission shall adopt rules as
82	80		necessary to implement this subchapter.
83	81		SECTION 3. Not later than June 1, 2026, the Texas Historical
84	82		Commission shall adopt rules to administer the Historic Texas
85	83		Freedmen's Cemetery Designation Program established under
86	84		Subchapter H, Chapter 442, Government Code, as added by this Act.
87	85		SECTION 4. This Act takes effect September 1, 2025.
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