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


Office of House Bill AnalysisH.B. 3069
By: Chisum
County Affairs
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a commissioners court to use public funds, county
employees, and county equipment (property) to maintain a cemetery that has
a grave marker more than 50 years old, but does not address the question of
whether a county commissioner may 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 that has a grave
marker more than 50 years old, including the opening or closing of a grave. 

EFFECTIVE DATE

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