"FYI" Neva ----- Original Message ----- From: <ImaBR@aol.com> To: <TX-CEMETERIES-L@rootsweb.com> Sent: Sunday, August 27, 2000 8:40 AM Subject: [TX-Cemeteries] LAWS Protecting Cem in TX > This Law goes in effect Sept 1, 2000 > > HBA-MPM, C.S.H.B. 817 76(R)BILL ANALYSIS > > > Office of House Bill AnalysisC.S.H.B. 817 > By: Jones, Jesse > State, Federal & International Relations > 4/30/1999 > Committee Report (Substituted) > > BACKGROUND AND PURPOSE > > In addition to human remains, cemeteries also contain historical > information about our society and its various cultures. Current state laws > have been enacted to protect cemeteries, however, they have been inadequate > in protecting cemeteries and graves from destruction and desecration by > some land owners, land developers, and governmental units. C.S.H.B. 817 > amends existing laws to strengthen protection of cemeteries. > > RULEMAKING AUTHORITY > > It is the opinion of the Office of House Bill Analysis that this bill does > not expressly delegate any additional rulemaking authority to a state > officer, department, agency, or institution. > > SECTION BY SECTION ANALYSIS > > SECTION 1. Amends Subchapter A, Chapter 711, Health and Safety Code, by > adding Sections 711.010-711.011, as follows: > > Sec. 711.010. UNKNOWN OR ABANDONED CEMETERY. (a) Prohibits the owner of > property on which an unknown cemetery is discovered or on which an > abandoned cemetery is located from constructing improvements on the > property in a manner which would disturb the cemetery until the human > remains interred are removed under a written order issued by the state > registrar or the registrar's designee under Section 711.004(f) (Removal of > Remains), Health and Safety Code, which provides that except as is > authorized for a justice of the peace acting as coroner or medical > examiner, remains may not be removed from a cemetery except on the written > order of the state registrar or the registrar's designee, and requires a > cemetery organization to keep a duplicate copy of the order as part of its > records. > > (b) Requires a district court of the county in which an unknown cemetery > is discovered or an abandoned cemetery is located to order the removal of > any dedication for cemetery purposes that affects the property upon > petition of the property owner. Requires the court to order the removal of > human remains from the cemetery to a perpetual care cemetery if all remains > have not been previously removed. Requires a petition made by the property > owner to be made ex parte in the name of the owner without naming any > defendant or joinder of any other person. (According to Black's Law > Dictionary, Sixth Edition, "ex parte" means on one side only; by or for one > party; done for, in behalf of, or on the application of, one party only.) > > Sec. 711.011. FILING RECORD OF UNKNOWN CEMETERY. Requires a person who > discovers an unknown or abandoned cemetery to file notice of that cemetery > with the county clerk of the county where the cemetery is located. > Prohibits the county clerk from charging a fee for filing notice under this > section. > > SECTION 2. Amends Subchapter C, Chapter 711, Health and Safety Code, by > adding Section 711.042, Health and Safety Code, as follows: > > Sec. 711.042. AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION. Provides that > a nonprofit cemetery organization (organization) organized by plot owners > may divide cemetery property into lots and subdivisions for cemetery > purposes; charge assessments on the property for the purposes of general > improvement and maintenance; and take any action, to the same extent and > for the same purposes as for a for-profit organization, necessary to carry > out the organization's business purposes, including those necessarily > incident to the burial and disposal of human remains, including certain > necessary actions. > > SECTION 3.Emergency clause. > Effective date: upon passage. > > COMPARISON OF ORIGINAL TO SUBSTITUTE > > C.S.H.B. 817 differs from the original bill by deleting all proposed text > of the original with the exception of SECTION 5, which adds Section 711.013 > (Filing Record of Unknown Cemetery), Health and Safety Code. This proposed > section is redesignated to SECTION 1, Section 711.011, Health and Safety > Code, of the substitute. > > Therefore, with the exception of Section 711.011, the substitute proposes > entirely new text. Please see the Section-by-Section Analysis in this > document. > > The following were deleted in the original: > > SECTION 1. Amends Section 711.011, Health and Safety Code, by adding > Subdivisions (29) and (30), which added certain definitions to this > section. > > SECTION 2. Amends Section 711.003 (Records of Interment), Health and > Safety Code. > > SECTION 3. Amends Section 711.007, Health and Safety Code, by adding > Subsections (e) and (f), regarding use of an archeological study to > determine whether to enjoin the use of a cemetery or abate a cemetery and > certain rights of access by the person conducting that study. > > SECTION 4. Amends Section 711.008 (Location of Cemetery), Health and > Safety Code, regarding the prohibition of cemetery expansion in a > municipality unless certain applications are filed, the deletion of > codified text regarding the establishment or location of the cemetery with > respect to the boundaries of the municipality, application requirements of > a cemetery organization, and public hearings on certain applications made > by the organization. > > SECTION 5. Amends Subchapter A, Chapter 711, Health and Safety Code, by > adding Sections 711.010-711.015, as follows: > > Sec. 711.010. Local Standards; Cemetery Advisory Board. > Sec. 711.011 Destruction of Cemetery. > Sec. 711.012. Discovery of Cemetery During Construction. > > (Sec. 711.013, (Filing Record of Unknown Cemetery) is redesignated to > SECTION 1, Section 711.011, of the substitute.) > > Sec. 711.014. Grave Markers and Headstones. > Sec. 711.015. Notice of Change in Use. > > SECTION 6. Amends Section 711.024, Health and Safety Code, regarding the > authority of cemetery organizations. > > SECTION 7. Amends Section 711.031, Health and Safety Code, by adding > Subsection (d), regarding rules adopted by a cemetery organization. > > SECTION 8. Amends Section 711.033(b) and (d), Health and Safety Code, > regarding certain filing procedures. > > SECTION 9. Amends Sections 711.034(b) and (e), Health and Safety Code, > regarding filing a map or plat and prohibition of certain filing fees. > > SECTION 10. Amends Section 711.036 (Removal of Dedication for any Type of > Cemetery), Health and Safety Code. > > SECTION 11. Amends Section 28.03(f), Penal Code, regarding offenses under > this section for the damage or destruction of a cemetery. > > SECTION 12. Amends Section 31.03, Penal Code, by adding Subsection (i), > regarding the receipt of tombstones or vases from a third party. > > SECTION 13. Amends Section 42.08(b), Penal Code, to provide offenses under > this section. > > SECTION 14. Amends Title 9, Natural Resources Code, by adding Chapter 192, > as follows: > > CHAPTER 192. DISCOVERY OF BURIALS > > Sec. 192.001. Definitions. > Sec. 192.002. Discovery of Burial. > Sec. 192.003. Investigation by Archeologist. > Sec. 192.004. Temporary Jurisdiction over Burial Found on Private Land. > Sec. 192.005. Disposition of Burial. > Sec. 192.006. Permanent Jurisdiction over Burial Found on Private Land. > Sec. 192.007. Report to State Archeologist. > Sec. 192.008. Excavation Not Required. > Sec. 192.009. Expiration. > Sec. 192.010. Disturbing a Burial. > > SECTION 16. Effective Date: September 1, 2000. > > SECTION 17. Emergency clause. > > ______________________________