86R16847 EAS-F
 
  By: Miller 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 September 1, 2019.