Bill Text: TX HB783 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to cemeteries in certain municipalities and counties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB783 Detail]
Download: Texas-2023-HB783-Enrolled.html
H.B. No. 783 |
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relating to cemeteries in certain municipalities and counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 711.008, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsections (g-3) and | ||
(g-4) to read as follows: | ||
(a) Except as provided by Subsections (b), (f), (g), (g-1), | ||
(g-2), (g-3), (g-4), (h), and (k), an individual, corporation, | ||
partnership, firm, trust, or association may not establish or | ||
operate a cemetery, or use any land for the interment of remains, | ||
located: | ||
(1) in or within one mile of the boundaries of a | ||
municipality with a population of 5,000 to 25,000; | ||
(2) in or within two miles of the boundaries of a | ||
municipality with a population of 25,000 to 50,000; | ||
(3) in or within three miles of the boundaries of a | ||
municipality with a population of 50,000 to 100,000; | ||
(4) in or within four miles of the boundaries of a | ||
municipality with a population of 100,000 to 200,000; or | ||
(5) in or within five miles of the boundaries of a | ||
municipality with a population of at least 200,000. | ||
(g-3) An individual, corporation, partnership, firm, trust, | ||
or association may file a written application with the governing | ||
body of a municipality to establish or use a cemetery located inside | ||
the limits of the municipality. The governing body by ordinance | ||
shall prescribe the information to be included in the application. | ||
The governing body by ordinance may authorize the establishment or | ||
use of the cemetery if the governing body determines and states in | ||
the ordinance that the establishment or use of the cemetery does not | ||
adversely affect public health, safety, and welfare. This | ||
subsection applies only to a municipality that is located in: | ||
(1) a county with a population of more than 750,000; or | ||
(2) a county adjacent to a county with a population of | ||
more than 750,000. | ||
(g-4) An individual, corporation, partnership, firm, trust, | ||
or association may file a written application with the | ||
commissioners court of a county to establish or use a cemetery | ||
located inside the limits of the county. The commissioners court by | ||
order shall prescribe the information to be included in the | ||
application. The commissioners court by order may authorize the | ||
establishment or use of the cemetery if the commissioners court | ||
determines and states in the order that the establishment or use of | ||
the cemetery does not adversely affect public health, safety, and | ||
welfare. This subsection applies only to a county: | ||
(1) with a population of more than 750,000; or | ||
(2) that is adjacent to a county with a population of | ||
more than 750,000. | ||
SECTION 2. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 783 was passed by the House on April | ||
14, 2023, by the following vote: Yeas 111, Nays 32, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 783 was passed by the Senate on May | ||
22, 2023, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |