SRC-TNM S.B. 451 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 451
By: Duncan
Intergovernmental Relations
2-18-97
As Filed


DIGEST 

Currently, state law only allows cities in counties with a population of
at least 122,000 but no more than 128,000 to eliminate or assign to
another entity perpetual care trust funds for cemeteries. During the 74th
Legislature, the City of Lubbock was unsuccessful in pursuing legislation
that would have allowed the city to sell its cemeteries.  A number of
private entities have shown interest in acquiring the cemeteries currently
operated by the city.  S.B. 457 would allow the City of Lubbock to
eliminate or assign to another entity perpetual care trust funds for
cemeteries.       

PURPOSE

As proposed, S.B. 451 outlines provisions regarding municipal trust funds
for cemeteries. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 713.008, Health and Safety Code, as follows:

Sec. 713.008. New heading: TERMINATION OF MUNICIPAL PERPETUAL TRUST FUND.
Authorizes the governing body of a municipality, rather than a
municipality in a county with a population of at least 122,000 but not
more than 128,000, to abolishing the municipality's perpetual trust fund
and use the fund for cemetery improvements.  Authorizes the governing body
of a municipality, on the sale, conveyance, transfer, or lease of a
municipal cemetery, to abolish or assign to a third party the
municipality's perpetual trust fund for the cemetery.  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.