BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1103

                                                                                                                                         By: Duncan

                                                                                                               Intergovernmental Relations

                                                                                                                                            10/8/2009

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The City of Lubbock cemetery is a conglomeration of several different cemeteries dating back to the late 19th century.  Some sections of the cemetery were previously operated by private, for-profit entities or nonprofit organizations that are now defunct and the associated perpetual trust funds have been unfunded.  Currently, the City of Lubbock has allocated a 10 percent fee from the sale of each cemetery property to the segregated perpetual trust fund, the balance of which is $110,000.

 

S.B. 1103 amends current law relating to the use of a perpetual trust fund for a cemetery by certain municipalities.

 

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 713.008, Health and Safety Code, as follows:

 

Sec. 713.008.  TERMINATION OF MUNICIPAL TRUST BY CERTAIN MUNICIPALITIES.  Authorizes the governing body of a municipality in a county with a population of at least 128,000 but not more than 300,000, rather than a population of at least 128,000 but not more than 133,000, to abolish the municipality's perpetual trust fund for a cemetery and use the fund, including both the principal and interest, for permanent improvements to the cemetery.

 

SECTION 2.  Effective date: upon passage or September 1, 2009.