82(R) HB 2812 - Introduced version

TO:	Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health

FROM:	John S O'Brien, Director, Legislative Budget Board

IN RE:	HB2812 by Coleman (Relating to access to certain cemeteries; providing penalties.), As Introduced

The bill would amend the Health and Safety Code relating to access to certain cemeteries; providing penalties. The bill would clarify requirements for ingress or egress of a cemetery or private burial grounds. The bill would also provide additional authority for violations relating to the ingress or egress to a cemetery or private burial grounds.

Based on information provided by the Funeral Service Commission and the Office of the Attorney General, it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.

The fiscal impacts of costs and revenues that may be generated in association with implementing the provisions of the bill for the Department of Banking are not considered in this analysis because fiscal impacts for this agency would be realized outside of the Treasury due to the agency being Self-Directed and Semi-Independent.

The bill would require the commissioners court of a county to take reasonable action against a cemetery or private burial ground to provide access as prescribed by the bill. Costs to counties would vary depending on the number of such cases but is not anticipated to be significant.

The bill would also allow a district or county attorney to represent the Funeral Service Commission as described by Section 2 of the bill. It is assumed that a county would choose to represent the Commission only if sufficient funds were available; however, costs are not anticipated to be significant.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION


April 12, 2011