BILL ANALYSIS

 

 

Senate Research Center	H.B. 2812
86R4670 EAS-F	By: Morrison (Kolkhorst)
	Health & Human Services
	5/4/2019
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

It has come to the state's attention that more municipalities need the authority to abolish their respective perpetual trust fund for a cemetery in order to use that fund, including principal and interest, for permanent improvements to a cemetery. H.B. 2812 will provide this authority to additional municipalities.

 

H.B. 2812 amends current law relating to the use by certain municipalities of a perpetual trust fund for a cemetery.

 

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. (a) Creates this subsection from existing text and makes nonsubstantive changes. Provides that this section applies to the governing body of a municipality in a county with a population of:

 

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

 

(2) at least 20,000 but not more than 21,000.

 

(b) Creates this subsection from existing text. Authorizes the governing body of a municipality to which this section applies to abolish the municipality's perpetual trust fund for a cemetery and use the fund, including both principal and interest, for permanent improvements to the cemetery, rather than authorizing the governing body of a municipality in a county with a population of a least 128,000 but not more than 300,000 to abolish the fund for a cemetery and use the fund, including both principal and interest, for permanent improvements to the cemetery.

 

SECTION 2. Effective date: September 1, 2019.