HBA-NRS, CMT C.S.H.B. 166 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 166 By: Brown, Fred Urban Affairs 4/4/2001 Committee Report (Substituted) BACKGROUND 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. C.S.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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 166 amends the Health and Safety Code to authorize a charitable nonprofit corporation to file no later than December 1, 2001, 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 inside the boundaries of the municipality. The bill requires the municipality to prescribe by ordinance the information to be included in the application. The bill provides that the governing body may authorize by ordinance the establishment or use of a cemetery located inside the boundaries of the municipality if the municipality determines and states in the ordinance that the establishment or use of the cemetery does not adversely affect public health, safety, and welfare. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 166 modifies the original bill by providing that application for the establishment or use of a cemetery by a charitable nonprofit corporation is authorized in a municipality with a population of at least 60,000 located in a county of no more than 155,000. The substitute changes the date by which a written application to establish or use a cemetery is to be filed with the governing body of a municipality from September 1, 2001 to December 1, 2001. The substitute also modifies the effective date.