bill creating the Historic Texas Freedmen’s Cemetery Designation Program

The text as introduced · 588 words

89R1828 CXP-F

By: Dutton
H.B. No. 5363

A BILL TO BE ENTITLED

AN ACT

relating to establishing the Historic Texas Freedmen's Cemetery

Designation Program; authorizing a fee.

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

SECTION 1. This Act shall be known as the Historic Texas

Freedmen's Cemetery Designation Act.

SECTION 2. Chapter 442, Government Code, is amended by

adding Subchapter H to read as follows:

SUBCHAPTER H. HISTORIC TEXAS FREEDMEN'S CEMETERY DESIGNATION

PROGRAM

Sec. 442.301. DEFINITION. In this subchapter, "program"

means the Historic Texas Freedmen's Cemetery Designation Program.

Sec. 442.302. ESTABLISHMENT AND PURPOSE. The commission

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

and future owners of land adjacent to the cemetery:

(1) of the existence of the cemetery; and

(2) that the cemetery contains the graves of freed

slaves.

Sec. 442.303. ELIGIBILITY. To be eligible for a

designation under the program, a cemetery must:

(1) contain the grave of at least one freed slave; and

(2) meet other requirements determined by the

commission.

Sec. 442.304. 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:

(1) the existence of the cemetery; and

(2) that the cemetery contains the grave of at least

one freed slave.

Sec. 442.305. NOTICE OF APPLICATION. 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 cemetery organization, as defined by Section

711.001, Health and Safety Code, if applicable.

Sec. 442.306. 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; and

(3) inform the applicant that the cemetery may be

recognized with a medallion available for purchase from the

commission to certify the cemetery's participation in the program.

(c) 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.

(d) 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. 442.307. APPLICATION FORM; FEE; MEDALLION. (a) The

commission shall develop an application form and procedure for

applying for a designation under the program. The commission shall

post the application on the commission's Internet website.

(b) The commission may charge an application fee not to

exceed $25 for each application submitted under this subchapter.

(c) The commission shall design a medallion that may be used

to identify cemeteries that receive a designation under the

program.

Sec. 442.308. RULES. The commission shall adopt rules as

necessary to implement this subchapter.

SECTION 3. Not later than June 1, 2026, the Texas Historical

Commission shall adopt rules to administer the Historic Texas

Freedmen's Cemetery Designation Program established under

Subchapter H, Chapter 442, Government Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.