HB5264 - Relating to establishing the Historic Texas Cemeteries Designation Program; authorizing a fee.

  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.