HB5363 - Relating to establishing the Historic Texas Freedmen's Cemetery Designation Program; authorizing a fee.

  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.