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.