1-1     By:  Chisum (Senate Sponsor - Duncan)                 H.B. No. 3069
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Fraser
 1-7           Amend H.B. No. 3069 by striking SECTION 1 of the bill (House
 1-8     engrossed version, page 1, lines 20 through 28), and substituting
 1-9     the following:
1-10           SECTION 1.  Section 713.028, Health and Safety Code, is
1-11     amended by adding Subsection (c) to read as follows:
1-12           (c)  Maintenance of a cemetery under Subsection (a) includes
1-13     any activity necessary for the continued operation of the cemetery,
1-14     including the opening and closing of graves.  This subsection
1-15     applies only to a county with a population of 40,000 or less.
1-16                            A BILL TO BE ENTITLED
1-17                                   AN ACT
1-18     relating to the maintenance of certain cemeteries.
1-19           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20           SECTION 1. Section 713.028(a), Health and Safety Code, is
1-21     amended to read as follows:
1-22           (a)  For purposes of historical preservation or public
1-23     health, safety, or welfare, a commissioners court may use public
1-24     funds, county employees, and county equipment to maintain a
1-25     cemetery that has a grave marker more than 50 years old.
1-26     Maintenance of a cemetery under this subsection includes any
1-27     activity necessary for the continued operation of the cemetery,
1-28     including the opening and closing of graves.
1-29           SECTION 2.  This Act takes effect immediately if it receives
1-30     a vote of two-thirds of all the members elected to each house, as
1-31     provided by Section 39, Article III, Texas Constitution.  If this
1-32     Act does not receive the vote necessary for immediate effect, this
1-33     Act takes effect September 1, 2001.
1-34                                  * * * * *