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AN ACT
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relating to the establishment and use of a columbarium by a church. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.008(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply to: |
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(1) a cemetery heretofore established and operating; |
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(2) the establishment and use of a columbarium by an |
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organized religious society or sect that is exempt from income |
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taxation under Section 501(a), Internal Revenue Code of 1986, by |
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being listed under Section 501(c)(3) of that code, as part of or |
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attached to the principal church building owned by the society or |
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sect; |
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(3) the establishment and use of a columbarium[:
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[(A)
in a municipality with a population of at
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least 1.8 million;
and
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[(B)] by an organized religious society or |
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sect[,] that is exempt from income taxation under Section 501(a), |
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Internal Revenue Code of 1986, by being listed under Section |
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501(c)(3) of that code, on land that: |
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(A) [(i)] is owned by the society or sect; and |
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(B) [(ii)] is part of the campus on which an |
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existing principal church building is located; or |
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(4) the establishment and use of a columbarium on the |
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campus of a private or independent institution of higher education, |
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as defined by Section 61.003, Education Code, that is wholly or |
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substantially controlled, managed, owned, or supported by or |
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otherwise affiliated with an organized religious society or sect |
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that is exempt from income taxation under Section 501(a), Internal |
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Revenue Code of 1986, by being listed under Section 501(c)(3) of |
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that code, if a place of worship is located on the campus. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1404 was passed by the House on April |
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7, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1404 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |