SRC-SEW H.B. 1737 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1737
By: Carter (Staples)
State Affairs
3/30/2001
Engrossed


DIGEST AND PURPOSE 

Current law authorizes a cemetery organization operating a cemetery in
accordance with distance requirements to acquire land that is adjacent but
not necessarily contiguous to the cemetery for cemetery purposes if
additional land is required. The phrasing of adjacent, but not necessarily
contiguous may inhibit the completion of a transaction for the acquisition
of land for use by cemeteries. As proposed, H.B. 1737 allows for the
acquisition of land that is, at the closest point, no more than 200 feet
from an existing cemetery.  

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.  Repealer:  Section 711.008(c) (regarding the location of a
cemetary), Health and Safety Code. 

SECTION 2.  Amends Section 711.033, Health and Safety Code, by
redesignating Subsections (b), (c), and (d), respectively, as Subsections
(c), (d), and (e) and adding a new Subsection (b), as follows: 
 
(b)  Authorizes a cemetery organization operating a cemetery located and
operated in accordance with the distance requirements prescribed in Section
711.008 to acquire land adjacent to the cemetery for cemetery purposes.
Defines "adjacent" under this subsection.  Prohibits the closest points of
the property to be acquired and the cemetery from being more than 200 feet
apart. 

SECTION 3.  Effective date: upon passage or September 1, 2001.