HBA-NRS, CMT H.B. 166 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 166
By: Brown, Fred
Urban Affairs
3/18/2001
Introduced



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. House Bill 166 allows a charitable
nonprofit corporation to file a written application with the governing body
of a municipality 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

House Bill 166 amends the Health and Safety Code to authorize a charitable
nonprofit corporation to file no later than September 1, 2001 a written
application with the governing body of a municipality 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 the cemetery 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 on the 91st day  
after adjournment.