Texas 2025 - 89th Regular

Texas Senate Bill SB586 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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1	2		By: West S.B. No. 586
2		-	(In the Senate - Filed December 13, 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 Cemeteries Designation
12	10		Program; authorizing a fee.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Chapter 442, Government Code, is amended by
15	13		adding Subchapter I to read as follows:
16	14		SUBCHAPTER I. HISTORIC TEXAS CEMETERIES DESIGNATION PROGRAM
17	15		Sec. 442.351. DEFINITION. In this subchapter, "program"
18	16		means the Historic Texas Cemeteries Designation Program.
19	17		Sec. 442.352. ESTABLISHMENT AND PURPOSE. The commission
20	18		shall establish the program to alert the public, as well as current
21	19		and future owners of land adjacent to a cemetery, of the cemetery's
22	20		existence.
23	21		Sec. 442.353. ELIGIBILITY. To be eligible for a
24	22		designation under the program, a cemetery must:
25	23		(1) be worthy of recognition and preservation for the
26	24		cemetery's historical associations; and
27	25		(2) be established at least 50 years before the date an
28	26		application is submitted to the commission to designate the
29	27		cemetery under the program, unless the commission determines the
30	28		cemetery is exceptionally significant.
31	29		Sec. 442.354. APPLYING FOR DESIGNATION. (a) Any person may
32	30		submit an application to the commission to designate a cemetery
33	31		under the program.
34	32		(b) The applicant must include as part of the application
35	33		information establishing the existence of the cemetery.
36	34		Sec. 442.355. NOTICE OF APPLICATION. (a) After the
37	35		commission receives an application to designate a cemetery under
38	36		the program, the commission shall notify the following persons of
39	37		the application:
40	38		(1) the owner of the property containing the cemetery;
41	39		(2) each owner of property adjacent to the cemetery;
42	40		and
43	41		(3) the county historical commission established
44	42		under Chapter 318, Local Government Code, for the county in which
45	43		the cemetery is located, if applicable.
46	44		(b) The commission shall provide a county historical
47	45		commission described by Subsection (a)(3) with a copy of the
48	46		application materials to designate a cemetery under the program.
49	47		Sec. 442.356. APPLICATION REVIEW; DECISION. (a) The
50	48		commission shall review each application it receives for
51	49		designation of a cemetery under the program and determine whether
52	50		the cemetery qualifies for designation under the program.
53	51		(b) If the commission determines the cemetery qualifies for
54	52		a designation under the program, the commission shall:
55	53		(1) approve the application;
56	54		(2) notify the applicant of the approval of the
57	55		application;
58	56		(3) send to the applicant a declaration of dedication
59	57		to be filed with the appropriate county clerk's office; and
60	58		(4) inform the applicant that the cemetery may be
61	59		recognized with an Official Texas Historical Marker available for
62	60		purchase from the commission to certify the cemetery's
63	61		participation in the program.
64	62		(c) A cemetery is officially recognized under the program on
65	63		the commission's receipt of a copy of the filed declaration of
66	64		dedication described by Subsection (b)(3), including any exhibits
67	65		filed with the declaration. The copy of the declaration of
68	66		dedication must show the date the declaration was filed and the
69	67		recording information for the declaration.
70	68		(d) If the commission determines the cemetery does not
71	69		qualify for designation under the program, the commission shall
72	70		either:
73	71		(1) request additional information from the applicant
74	72		to support the application; or
75	73		(2) deny the application.
76	74		(e) If the commission denies the application for
77	75		designation under the program, the commission shall notify the
78	76		applicant of the denial and inform the applicant of the ability to
79	77		appeal the decision to the members of the commission.
80	78		Sec. 442.357. APPLICATION FORM; FEE. (a) The commission
81	79		shall develop an application form and procedure for applying for a
82	80		designation under the program. The application may require any
83	81		information the commission considers necessary, including a deed
84	82		and title, plot records, archival documents, photographs, oral
85	83		histories, and archaeological data.
86	84		(b) The commission shall make the application available at
87	85		the commission's office or post the application on the commission's
88	86		Internet website.
89	87		(c) The commission may charge a processing fee not to exceed
90	88		$25 for each application submitted under this subchapter.
91	89		Sec. 442.358. EFFECT OF DESIGNATION; REMOVAL. (a) A
92	90		historic cemetery designation under the program does not restrict
93	91		in any way a property owner's use of land outside the designated
94	92		cemetery's boundaries.
95	93		(b) A historic cemetery designation under the program may be
96	94		removed only by:
97	95		(1) commission action; or
98	96		(2) an order of a court of competent jurisdiction:
99	97		(A) removing the designation; or
100	98		(B) removing the dedication and returning the
101	99		land to other purposes.
102	100		(c) A transfer of ownership of property containing a
103	101		cemetery designated under the program does not result in a removal
104	102		of the designation.
105	103		Sec. 442.359. RULES. The commission shall adopt rules as
106	104		necessary to implement this subchapter.
107	105		SECTION 2. This Act takes effect September 1, 2025.
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