86R22151 EAS-F
 
  By: Miller, Reynolds, Zerwas, Stephenson H.B. No. 4179
 
  Substitute the following for H.B. No. 4179:
 
  By:  Cole C.S.H.B. No. 4179
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the cemeteries in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 713, Health and Safety
  Code, is amended by adding Section 713.0271 to read as follows:
         Sec. 713.0271.  CEMETERY OWNED BY CERTAIN COUNTIES. A
  county with a population of more than 550,000 that borders a county
  with a population of more than 3.3 million may own, operate, and
  maintain a cemetery.
         SECTION 2.  Section 713.028(a), Health and Safety Code, is
  amended to read as follows:
         (a)  For purposes of historical preservation or public
  health, safety, or welfare, a commissioners court may use public
  funds, county employees, county inmate labor as provided by Article
  43.10, Code of Criminal Procedure, and county equipment to maintain
  a cemetery that is at least [has a grave marker more than] 50 years
  old.
         SECTION 3.  Section 713.026(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 713.027, 713.0271, and
  713.028, a trustee of a fund established under this subchapter or a
  member of the commissioners court or any other elected county
  officer may not pay or use public funds or county employees,
  equipment, or property to maintain a neglected or unkept public or
  private cemetery.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.