SRC-SEW H.B. 166 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 166
By: Brown, Fred (Ogden)
Intergovernmental Relations
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Current law prohibits an individual, corporation, partnership, firm, trust,
or association from establishing or operating a cemetery located in or
within certain distances of the boundaries of a municipality based upon the
population of that municipality. H.B. 166 allows a charitable nonprofit
corporation to file a written application with the governing body of a
municipality with a population of at least 60,000 that is located in a
county with a population of no more than 155,000 to establish or use a
cemetery located within the boundaries of the municipality 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 711.008, Health and Safety Code, by amending
Subsection (a) and adding Subsection (f), as follows: 

  (a) Makes a conforming change.

(f) Provides that this subsection applies only to certain municipalities.
Authorizes a charitable nonprofit corporation, not later than December 1,
2001, to file a written application with the governing body of a
municipality to establish or use a cemetery located inside the boundaries
of the municipality.  Requires the municipality by ordinance to prescribe
the information to be included in the application.  Authorizes the
governing body by ordinance to authorize the establishment or use of a
cemetery located inside the boundaries of the municipality under certain
conditions. 

SECTION 2.  Effective date: upon passage or September 1, 2001.