SRC-VRA S.B. 667 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 667
78R5194 JTS-DBy: Ogden
Intergovernmental Relations
3/10/2003
As Filed


DIGEST AND PURPOSE 

Currently, private individuals and entities cannot establish or operate
cemeteries located within two miles of a city with a population of 25,000
to 50,000.  As proposed, S.B. 667 would create a limited exception to
allow a corporation to file an application with the governing body of a
municipality having a population between 27,000 and 30,000 located in a
county with a population between 245,000 and 250,000 to establish or use a
cemetery located outside the municipality but within two miles of its
boundaries. 

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 711.008, Health and Safety Code, by amending
Subsection (a) and adding Subsection (g), as follows: 

(a)  Deletes reference to Subsection (c) and adds reference to Subsection
(g).   

(g)  Authorizes a corporation, not later than December 1, 2003, to file a
written application with the governing body of a municipality that has a
population of at least 27,000 and not more than 30,000 and that is located
in a county with a population of at least 245,000 and not more than
250,000 to establish or use a cemetery located outside the municipality
but within two miles of the municipal boundaries.  Requires the
municipality by ordinance to prescribe the information to be included in
the application.  Authorizes the governing body by ordinance to authorize
the establishment or use of the cemetery if the municipality determines
and states in the ordinance that the establishment or use of the cemetery
does not adversely affect public health, safety, and welfare. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.