Bill Text: TX SB586 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to establishing the Historic Texas Cemeteries Designation Program; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-03 - Referred to Economic Development [SB586 Detail]
Download: Texas-2025-SB586-Introduced.html
| 89R2880 CXP-D | ||
| By: West | S.B. No. 586 | |
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| relating to establishing the Historic Texas Cemeteries Designation | ||
| Program; authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 442, Government Code, is amended by | ||
| adding Subchapter I to read as follows: | ||
| SUBCHAPTER I. HISTORIC TEXAS CEMETERIES DESIGNATION PROGRAM | ||
| Sec. 442.351. DEFINITION. In this subchapter, "program" | ||
| means the Historic Texas Cemeteries Designation Program. | ||
| Sec. 442.352. ESTABLISHMENT AND PURPOSE. The commission | ||
| shall establish the program to alert the public, as well as current | ||
| and future owners of land adjacent to a cemetery, of the cemetery's | ||
| existence. | ||
| Sec. 442.353. ELIGIBILITY. To be eligible for a | ||
| designation under the program, a cemetery must: | ||
| (1) be worthy of recognition and preservation for the | ||
| cemetery's historical associations; and | ||
| (2) be established at least 50 years before the date an | ||
| application is submitted to the commission to designate the | ||
| cemetery under the program, unless the commission determines the | ||
| cemetery is exceptionally significant. | ||
| Sec. 442.354. 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 the existence of the cemetery. | ||
| Sec. 442.355. NOTICE OF APPLICATION. (a) 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 county historical commission established | ||
| under Chapter 318, Local Government Code, for the county in which | ||
| the cemetery is located, if applicable. | ||
| (b) The commission shall provide a county historical | ||
| commission described by Subsection (a)(3) with a copy of the | ||
| application materials to designate a cemetery under the program. | ||
| Sec. 442.356. 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; | ||
| (3) send to the applicant a declaration of dedication | ||
| to be filed with the appropriate county clerk's office; and | ||
| (4) inform the applicant that the cemetery may be | ||
| recognized with an Official Texas Historical Marker available for | ||
| purchase from the commission to certify the cemetery's | ||
| participation in the program. | ||
| (c) A cemetery is officially recognized under the program on | ||
| the commission's receipt of a copy of the filed declaration of | ||
| dedication described by Subsection (b)(3), including any exhibits | ||
| filed with the declaration. The copy of the declaration of | ||
| dedication must show the date the declaration was filed and the | ||
| recording information for the declaration. | ||
| (d) 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. | ||
| (e) 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. 442.357. APPLICATION FORM; FEE. (a) The commission | ||
| shall develop an application form and procedure for applying for a | ||
| designation under the program. The application may require any | ||
| information the commission considers necessary, including a deed | ||
| and title, plot records, archival documents, photographs, oral | ||
| histories, and archaeological data. | ||
| (b) The commission shall make the application available at | ||
| the commission's office or post the application on the commission's | ||
| Internet website. | ||
| (c) The commission may charge a processing fee not to exceed | ||
| $25 for each application submitted under this subchapter. | ||
| Sec. 442.358. EFFECT OF DESIGNATION; REMOVAL. (a) A | ||
| historic cemetery designation under the program does not restrict | ||
| in any way a property owner's use of land outside the designated | ||
| cemetery's boundaries. | ||
| (b) A historic cemetery designation under the program may be | ||
| removed only by: | ||
| (1) commission action; or | ||
| (2) an order of a court of competent jurisdiction: | ||
| (A) removing the designation; or | ||
| (B) removing the dedication and returning the | ||
| land to other purposes. | ||
| (c) A transfer of ownership of property containing a | ||
| cemetery designated under the program does not result in a removal | ||
| of the designation. | ||
| Sec. 442.359. RULES. The commission shall adopt rules as | ||
| necessary to implement this subchapter. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
