Bill Text: TX HB2214 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to cemeteries in certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-09 - Effective immediately [HB2214 Detail]
Download: Texas-2017-HB2214-Enrolled.html
H.B. No. 2214 |
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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-1) to | ||
read as follows: | ||
(a) Except as provided by Subsections (b), (f), (g), (g-1), | ||
(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-1) Not later than September 1, 2020, a nonprofit | ||
organization may file a written application with the governing body | ||
of a municipality to establish or use a cemetery located inside the | ||
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 a cemetery located inside the boundaries of the municipality | ||
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 is wholly or partly located in a county with | ||
a population of more than 3.3 million. | ||
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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2214 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2214 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |