bill creating a historic cemeteries designation program

The text as introduced · 752 words

89R2880 CXP-D

By: Cunningham
H.B. No. 5264

A BILL TO BE ENTITLED

AN ACT

relating to establishing the Historic Texas Cemeteries Designation

Program; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 442, Government Code, is amended by

adding Subchapter I to read as follows:

SUBCHAPTER I. HISTORIC TEXAS CEMETERIES DESIGNATION PROGRAM

Sec. 442.351. DEFINITION. In this subchapter, "program"

means the Historic Texas Cemeteries Designation Program.

Sec. 442.352. ESTABLISHMENT AND PURPOSE. The commission

shall establish the program to alert the public, as well as current

and future owners of land adjacent to a cemetery, of the cemetery's

existence.

Sec. 442.353. ELIGIBILITY. To be eligible for a

designation under the program, a cemetery must:

(1) be worthy of recognition and preservation for the

cemetery's historical associations; and

(2) be established at least 50 years before the date an

application is submitted to the commission to designate the

cemetery under the program, unless the commission determines the

cemetery is exceptionally significant.

Sec. 442.354. APPLYING FOR DESIGNATION. (a) Any person may

submit an application to the commission to designate a cemetery

under the program.

(b) The applicant must include as part of the application

information establishing the existence of the cemetery.

Sec. 442.355. NOTICE OF APPLICATION. (a) After the

commission receives an application to designate a cemetery under

the program, the commission shall notify the following persons of

the application:

(1) the owner of the property containing the cemetery;

(2) each owner of property adjacent to the cemetery;

and

(3) the county historical commission established

under Chapter 318, Local Government Code, for the county in which

the cemetery is located, if applicable.

(b) The commission shall provide a county historical

commission described by Subsection (a)(3) with a copy of the

application materials to designate a cemetery under the program.

Sec. 442.356. APPLICATION REVIEW; DECISION. (a) The

commission shall review each application it receives for

designation of a cemetery under the program and determine whether

the cemetery qualifies for designation under the program.

(b) If the commission determines the cemetery qualifies for

a designation under the program, the commission shall:

(1) approve the application;

(2) notify the applicant of the approval of the

application;

(3) send to the applicant a declaration of dedication

to be filed with the appropriate county clerk's office; and

(4) inform the applicant that the cemetery may be

recognized with an Official Texas Historical Marker available for

purchase from the commission to certify the cemetery's

participation in the program.

(c) A cemetery is officially recognized under the program on

the commission's receipt of a copy of the filed declaration of

dedication described by Subsection (b)(3), including any exhibits

filed with the declaration. The copy of the declaration of

dedication must show the date the declaration was filed and the

recording information for the declaration.

(d) If the commission determines the cemetery does not

qualify for designation under the program, the commission shall

either:

(1) request additional information from the applicant

to support the application; or

(2) deny the application.

(e) If the commission denies the application for

designation under the program, the commission shall notify the

applicant of the denial and inform the applicant of the ability to

appeal the decision to the members of the commission.

Sec. 442.357. APPLICATION FORM; FEE. (a) The commission

shall develop an application form and procedure for applying for a

designation under the program. The application may require any

information the commission considers necessary, including a deed

and title, plot records, archival documents, photographs, oral

histories, and archaeological data.

(b) The commission shall make the application available at

the commission's office or post the application on the commission's

Internet website.

(c) The commission may charge a processing fee not to exceed

$25 for each application submitted under this subchapter.

Sec. 442.358. EFFECT OF DESIGNATION; REMOVAL. (a) A

historic cemetery designation under the program does not restrict

in any way a property owner's use of land outside the designated

cemetery's boundaries.

(b) A historic cemetery designation under the program may be

removed only by:

(1) commission action; or

(2) an order of a court of competent jurisdiction:

(A) removing the designation; or

(B) removing the dedication and returning the

land to other purposes.

(c) A transfer of ownership of property containing a

cemetery designated under the program does not result in a removal

of the designation.

Sec. 442.359. RULES. The commission shall adopt rules as

necessary to implement this subchapter.

SECTION 2. This Act takes effect September 1, 2025.