HBA-JEK H.B. 3069 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3069
By: Chisum
County Affairs
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, law authorized a commissioners court to use
public funds, county employees, and county equipment (property) to maintain
a cemetery that had a grave marker more than 50 years old, but did not
address the question of whether a county commissioner could use county
property to open or close a grave in such a cemetery.  The attorney general
concluded in a recent opinion that a county commissioner may not use county
property to open and close graves in a private cemetery.  House Bill 3069
authorizes a commissioners court to use public funds for any activity
necessary for the continued operation of a cemetery with a grave marker
more than 50 years old, including the opening or closing of graves. 

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 3069 amends the Health and Safety Code to authorize the use of
public funds, county employees, and county equipment to complete any
activity necessary for the continuation of a cemetery in a county of 40,000
or less that has a grave marker more than 50 years old, including the
opening or closing of a grave. 

EFFECTIVE DATE


June 15, 2001.