88R13096 SCL-D     By: Kuempel H.B. No. 3110       A BILL TO BE ENTITLED   AN ACT   relating to the removal of human remains interred in a discovered   unknown or abandoned cemetery.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 711.010(a), (b), and (c), Health and   Safety Code, are amended to read as follows:          (a)  The owner of property on which an unknown cemetery is   discovered or on which an abandoned cemetery is located may not   construct improvements on the property in a manner that would   disturb the cemetery until the human remains interred in the   cemetery are removed under a written order issued by the state   registrar or the state registrar's designee under Section   711.004(f) and under an order of the commissioners [a district]   court of the county in which the cemetery is located as provided by   this section, except as provided by Section 711.004(f-1).          (b)  On petition of the owner of the property, the   commissioners [a district] court of the county in which an unknown   cemetery is discovered or an abandoned cemetery is located may   order the removal of any dedication for cemetery purposes that   affects the property if the court finds that the removal of the   dedication is in the public interest.  If the [a] court orders the   removal of a dedication of a cemetery and all human remains in that   cemetery have not previously been removed, the court shall order   the removal of the human remains from the cemetery to:                (1)  a perpetual care cemetery;                (2)  a municipal or county cemetery; or                (3)  any other place on the owner's property that the   [district] court finds is in the public interest.          (c)  In addition to any notice required by Section 711.004,   notice of a petition filed under Subsection (b) must be given to the   Texas Historical Commission and to the county historical commission   of the county in which the cemetery is located.  The commissioners   court of the county may consult the Texas Historical Commission and   the county historical commission in making a decision under this   section.  The court may also designate or appoint any person, party,   court appointed representative, or official the court considers   necessary to assist in determining whether the removal is in the   public interest.          SECTION 2.  The changes in law made by this Act apply only to   a petition filed on or after the effective date of this Act. A   petition filed before the effective date of this Act is governed by   the law in effect on the date the petition was filed, and that law is   continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2023.