BILL ANALYSIS

Senate Research Center	H.B. 2634
86R11093 EAS-D	By: Flynn (Hughes)
	Intergovernmental Relations
	5/3/2019
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

It has been noted that there are restrictions on where cemeteries can be located and that as the state's population grows, so too does the need for cemeteries. The combination of these factors has resulted in a shortage of burial space. H.B. 2634 seeks to address this issue by setting out provisions relating to municipal boundaries that are used to determine a cemetery location in order to allow for new development of cemeteries in certain areas while still respecting the original intent of the law.

H.B. 2634 amends current law relating to municipal boundaries used to determine a cemetery location.

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(e), Health and Safety Code, as follows:

(e) Provides that for the purpose of determining where a cemetery is authorized to be located under Subsection (a) (relating to prohibiting the establishment or operation of a cemetery in certain zones), the boundary of an area annexed by a municipality is not considered to be a boundary of the municipality if:

(1) creates this subdivision from existing text and makes a nonsubstantive change; or

(2) the annexed area cannot be developed as residential or commercial property and is primarily used for flood control.

SECTION 2. Effective date: September 1, 2019.