Bill Text: TX HB1526 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to cemeteries in certain municipalities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-14 - Effective immediately [HB1526 Detail]
Download: Texas-2021-HB1526-Enrolled.html
H.B. No. 1526 |
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relating to cemeteries in certain municipalities. | ||
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 Subsection (g-2) to | ||
read as follows: | ||
(a) Except as provided by Subsections (b), (f), (g), (g-1), | ||
(g-2), (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-2) Not later than December 1, 2022, 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 legal boundaries of | ||
the municipality. The municipality 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 municipality 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 has a population of: | ||
(1) at least 55,000 and not more than 60,000 and that | ||
is located in two counties, each of which has a population of less | ||
than 132,000; or | ||
(2) at least 24,000 and not more than 26,000 and that | ||
is the county seat of a county that has a population of at least | ||
130,000 and not more than 135,000. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1526 was passed by the House on April | ||
30, 2021, by the following vote: Yeas 139, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1526 was passed by the Senate on May | ||
26, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |