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


Office of House Bill AnalysisC.S.H.B. 166
By: Brown, Fred
Urban Affairs
4/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law prohibits an individual, corporation, partnership, firm, trust,
or association from establishing or operating a cemetery located in or
within certain distances of the boundaries of a municipality based upon the
population of that municipality. C.S.H.B. 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

C.S.H.B. 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 requires the municipality to prescribe by
ordinance the information to be included in the application.  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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 166 modifies the original bill by providing that application for
the establishment or use of a cemetery by a charitable nonprofit
corporation is authorized in a municipality with a population of at least
60,000 located in a county of no more than 155,000. The substitute changes
the date by which a written application to establish or use a cemetery is
to be filed with the governing body of a municipality from September 1,
2001 to December 1, 2001. The substitute also modifies the effective date.