Bill Text: TX HB3207 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the establishment and operation of perpetual care cemeteries by certain organized religious societies and sects in certain populous municipalities.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-25 - Removed from local & uncontested calendar [HB3207 Detail]

Download: Texas-2011-HB3207-Engrossed.html

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82R22296 YDB-D
By: Davis of Dallas H.B. No. 3207

A BILL TO BE ENTITLED
AN ACT
relating to the establishment and operation of perpetual care
cemeteries by certain organized religious societies and sects in
certain populous 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 (b) and adding Subsection (h) to
read as follows:
(b) Subsection (a) does not apply to:
(1) a cemetery heretofore established and operating;
(2) the establishment and use of a columbarium by an
organized religious society or sect that is exempt from income
taxation under Section 501(a), Internal Revenue Code of 1986, by
being listed under Section 501(c)(3) of that code, as part of or
attached to the principal church building owned by the society or
sect;
(3) the establishment and use of a columbarium by an
organized religious society or sect that is exempt from income
taxation under Section 501(a), Internal Revenue Code of 1986, by
being listed under Section 501(c)(3) of that code, on land that:
(A) is owned by the society or sect; and
(B) is part of the campus on which an existing
principal church building is located;
(4) the establishment and use of a columbarium on the
campus of a private or independent institution of higher education,
as defined by Section 61.003, Education Code, that is wholly or
substantially controlled, managed, owned, or supported by or
otherwise affiliated with an organized religious society or sect
that is exempt from income taxation under Section 501(a), Internal
Revenue Code of 1986, by being listed under Section 501(c)(3) of
that code, if a place of worship is located on the campus; [or]
(5) the establishment and use of a mausoleum that is:
(A) constructed beneath the principal church
building owned by an organized religious society or sect that:
(i) is exempt from income taxation under
Section 501(a), Internal Revenue Code of 1986, by being listed
under Section 501(c)(3) of that code; and
(ii) has recognized religious traditions
and practices of interring the remains of ordained clergy in or
below the principal church building; and
(B) used only for the interment of the remains of
ordained clergy of that organized religious society or sect; or
(6) the establishment and operation, if authorized in
accordance with Subsection (h), of a perpetual care cemetery by an
organized religious society or sect that:
(A) is exempt from income taxation under Section
501(a), Internal Revenue Code of 1986, by being listed under
Section 501(c)(3) of that code;
(B) has been in existence for at least five
years;
(C) has at least $500,000 in assets; and
(D) establishes and operates the cemetery on land
that:
(i) is owned by the society or sect;
(ii) together with any other land owned by
the society or sect and adjacent to the land on which the cemetery
is located, is not less than 10 acres; and
(iii) is in a municipality with a
population of at least one million that is located predominantly in
a county that has a total area of less than 1,000 square miles.
(h) The governing body of a municipality described by
Subsection (b)(6)(D)(iii) may authorize the establishment and use
in accordance with Subsection (b)(6) 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.
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, 2011.