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.