According to the Legislative Budget Board (LBB), SB 586 is not expected to have a significant fiscal impact on the State of Texas. The Texas Historical Commission, which is designated to administer the program, is anticipated to absorb any implementation and operational costs within its existing budget and resources. This indicates that the state will not require additional appropriations or budgetary expansions to carry out the bill’s provisions.

The legislation authorizes the Commission to collect an application processing fee of up to $25 from individuals seeking to have a cemetery designated as historic. However, the analysis assumes that any revenue generated from these fees will be minimal. As such, the program is expected to be largely cost-neutral, relying on modest fees and existing administrative capacity.

Furthermore, no significant fiscal impact is projected for local governments. Although county historical commissions and clerks may be involved in reviewing applications and recording designations, these responsibilities are not expected to impose a material burden on local budgets or personnel resources.

SB 586 warrants a favorable vote recommendation based on its clear advancement of preservation goals while respecting core liberty principles. The bill formalizes the Historic Texas Cemeteries Designation Program, a longstanding initiative of the Texas Historical Commission (THC), by enshrining it in statute. Though the program already exists in administrative practice, codifying it into law ensures its longevity and provides legislative clarity and stability. According to the author’s intent statement, the move is motivated by the need to better safeguard Texas' estimated 14,000 cemeteries—many of which are under threat from rapid development and urban sprawl.

From a liberty-focused standpoint, the bill reflects a careful and restrained approach. It is entirely voluntary—allowing any individual to apply for designation—and imposes no burdensome obligations on property owners. The law makes explicit that designation does not limit a property owner’s use of land surrounding a historic cemetery, and it preserves judicial and administrative avenues for reversing or removing designations when necessary. This aligns well with private property rights and principles of limited government.

Additionally, the bill maintains a low fiscal footprint. The $25 application fee is minimal and deemed unlikely to generate significant state revenue. Fiscal analysis confirms that the program can be absorbed within existing THC resources and will not place new financial pressures on state or local governments. In sum, SB 586 promotes historical stewardship through a light-touch, opt-in framework that safeguards both heritage and individual freedoms. As such, Texas Policy Research recommends that lawmakers vote YES on SB 586.

• Individual Liberty: The bill affirms individual liberty by empowering any person, not just governmental entities or landowners, to initiate the process of preserving historic cemeteries. This inclusion promotes civic participation in the stewardship of shared cultural and historical heritage. Importantly, the designation is voluntary, and the law does not impose coercive measures on individuals.
• Personal Responsibility: The bill reflects the principle of personal responsibility by encouraging private citizens, historical organizations, or local stakeholders to take the initiative in applying for designation. The application process is designed to require documentation and research, fostering an ethic of responsible engagement with the past. The modest application fee reinforces that this is a user-driven, not state-driven, effort.
• Free Enterprise: The bill neither promotes nor obstructs free enterprise. It avoids introducing any new business regulation or economic restriction. While historical designations sometimes raise concerns about land value or development, SB 586 carefully clarifies that the designation applies only to the cemetery itself and does not affect the surrounding property, thus avoiding interference with commercial activity.
• Private Property Rights: Private property rights are respected by explicitly stating that landowners retain full use of their land outside the designated cemetery boundaries. The bill also ensures that property owners and adjacent landowners are notified of any designation application. That said, the designation is filed with the county clerk and travels with the land, which could potentially have future implications for resale or development. However, the lack of regulatory impact and the existence of an appeals process help mitigate those concerns.
• Limited Government: The bill exemplifies limited government by codifying a long-standing program without expanding the regulatory role of the state. The Texas Historical Commission is granted authority to administer the program and collect a nominal fee, but it has no enforcement powers beyond acknowledgment and record-keeping. Designation does not come with land-use restrictions or mandates, reflecting a restrained and narrowly tailored statutory approach.

• HB 5264 (Same As)