SRC-JBJ H.B. 3069 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3069
77R8169 YDB-DBy: Chisum (Duncan)
State Affairs
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, a commissioners court is authorized to use public
funds, county employees, and county equipment (property) to maintain a
cemetery that has a grave marker more than 50 years old, but does not
address the question of whether a county commissioner may use county
property to open or close a grave in such a cemetery.  The attorney general
concluded in a recent opinion that a county commissioner may not use county
property to open and close graves in a private cemetery. H.B. 3069
authorizes a commissioners court to use public funds for any activity
necessary for the continued operation of a cemetery with a grave marker
more than 50 years old, including the opening or closing of graves.  

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 713.028(a), Health and Saftey Code, to provide
that maintenance of a cemetary under this subsection includes any activity
necessary for the continued operation of the cemetary, including the
opening and closing of graves. 

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