SRC-JBJ H.B. 3069 77(R)BILL ANALYSIS Senate Research CenterH.B. 3069 77R15392 YDB-DBy: Chisum (Duncan) State Affairs 5/10/2001 Committee Report (Amended) 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 within certain counties 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, Health and Safety Code, by adding Subsection (c), to provide that maintenance of a cemetery under Subsection (a) includes any activity necessary for the continued operation of the cemetery, including the opening and closing of graves. Provides that this subsection applies only to a county with a population of 40,000 or less. SECTION 2. Effective date: upon passage or September 1, 2001. SUMMARY OF COMMITTEE CHANGES Committee Amendment No. 1. Strikes previously proposed SECTION 1 and inserts a new SECTION 1 to add a new Subsection (c) to Section 713.028, Health and Safety Code, regarding the maintenance of a cemetery within certain counties. The original did not include the limitation of this provision to a county with a population of 40,000 or less.