HBA-RBT C.S.H.B. 3442 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3442
By: Isett
State, Federal & International Relations
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Historical Commission (commission) has been charged with
identifying unmarked burials and cemeteries in our Texas communities for
the purpose of historical preservation.  The commission operates the
Historic Texas Cemetery Designation Program to identify unknown cemeteries
and promote an attitude of respect and reverence for these cemeteries.   

C.S.H.B. 3442 requires the commission to establish a program to identify
and preserve abandoned cemeteries across the state.  It encourages the
commission to use volunteers to the maximum extent possible to implement
the program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Historical Commission in
SECTION 1 (Section 442.017, Government Code) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 442, Government Code, by adding Section 442.017,
as follows: 

Sec.  442.017.  IDENTIFICATION AND PRESERVATION OF ABANDONED CEMETERIES.
(a) Requires the Texas Historical Commission (commission) to establish a
program to identify and preserve abandoned cemeteries across the state.   

(b) Encourages the commission to use volunteers to the maximum extent
possible to implement the program and to model the program to the extent
appropriate on the "adopt a beach" program conducted by the General Land
Office.   

(c) Authorizes the commission to accept gifts, grants, and in-kind
donations from public and private entities for the implementation of the
program.  Authorizes the legislature to appropriate money to the commission
to implement the program. 

(d) Authorizes the commission to adopt rules reasonably necessary to
implement the program.  Requires the commission to define the term
"abandoned cemetery." 

(e) Provides that this section and the actions of the commission under this
section do not affect the authority of another governmental entity to take
an action in relation to an abandoned cemetery under any other law. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by amending Subsection
(c), and adding Subsections (d), and (e), to proposed Section 442.017,
Government Code, to:  authorize the Texas Historical Commission
(commission) to accept gifts, grants, and in-kind donations from public and
private entities for the implementation of the program; authorize the
commission to adopt rules  reasonably necessary to implement the program;
require the commission to define the term "abandoned cemetery;" and provide
that this section and the actions of the commission under this section do
not affect the authority of another governmental entity to take an action
in relation to an abandoned cemetery under any other law.