Bill Text: TX SB131 | 2011-2012 | 82nd Legislature | Enrolled

Texas Senate Bill 131 (Prior Session Legislation)

Bill Title: Relating to cemeteries in certain municipalities.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB131 Detail]

Download: Texas-2011-SB131-Enrolled.html



	S.B. No. 131




	AN ACT
	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 (h) to
	read as follows:
	(a) Except as provided by Subsections (b), (f), (g), (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.
	(h) Not later than September 1, 2014, a person 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:
	(1) is located in three or more counties;
	(2) has a population of 18,000 or more; and
	(3) does not have a cemetery within its boundaries,
	other than a family cemetery.
	SECTION 2. This Act takes effect September 1, 2011.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 131 passed the Senate on
	March 17, 2011, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 131 passed the House on
	May 20, 2011, by the following vote: Yeas 149, Nays 0, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor