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 * * * * *