HBA-NRS H.B. 1737 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1737
By: Carter
Urban Affairs
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a cemetery organization operating a cemetery in
accordance with distance requirements to acquire land that is adjacent but
not necessarily contiguous to the cemetery for cemetery purposes if
additional land is required. The phrasing of adjacent, but not necessarily
contiguous may inhibit the completion of a transaction for the acquisition
of land for use by cemeteries. House Bill 1737 allows for the acquisition
of land that is, at the closest point, no more than 200 feet from an
existing cemetery. 

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 1737 amends the Health and Safety Code to authorize a cemetery
organization operating a cemetery in accordance with the distance
requirements prescribed by provisions regarding the location of a cemetery
to acquire land adjacent to the cemetery for cemetery purposes. The bill
requires that the closest points of the property to be acquired and the
cemetery be no more than 200 feet apart.  

EFFECTIVE DATE

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