HBA-NRS, CMT H.B. 166 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 166
By: Brown, Fred
Urban Affairs
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, an individual, corporation, partnership,
firm, trust, or association was prohibited from establishing or operating a
cemetery located within the boundaries of a municipality.  House Bill 166
allows a charitable nonprofit corporation to file a written application
with the governing body of a municipality with a population of at least
60,000 that is located in a county with a population of no more than
155,000 to establish or use a cemetery located within the boundaries of the
municipality.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 166 amends the Health and Safety Code to authorize a charitable
nonprofit corporation to file no later than December 1, 2001, a written
application with the governing body of a municipality with a population of
at least 60,000 that is located in a county with a population of no more
than 155,000 to establish or use a cemetery located inside the boundaries
of the municipality.  The bill provides that the governing body may
authorize by ordinance the establishment or use of a cemetery located
inside the boundaries of the municipality if the municipality determines
and states in the ordinance that the establishment or use of the cemetery
does not adversely affect public health, safety, and welfare.   

EFFECTIVE DATE

June 13, 2001.