Bill Text: TX HB783 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 783

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




	AN ACT
	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