LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 10, 2009 TO: Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2927 by Howard, Donna (Relating to the regulation of cemeteries by state and local government. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend chapters 711, 713 and 715 of the Health and Safety Code, regarding regulation of cemeteries. The bill provides that intention to remove interred human remains or remove cemetery dedication require notification to the Texas Historical Commission and the county historical commission in which the remains are located. The bill would allow both entities to intervene in a suit brought to a district court of the county regarding the removal of dedication or remains. The bill would allow removal of cemetery dedication and remains in unknown or abandoned cemeteries if the court finds that such removal is in the public interest. The method of removal is also provided by the bill. Costs associated with implementation of the bill are not anticipated to be significant. Local Government Impact No significant fiscal implication to units of local government is anticipated. The bill would require a county clerk to send a copy of a notice of an unknown or abandoned cemetery to the Texas Historical Commission, and file the notice in county deed records by an index referencing the land of the cemetery's location. The bill would allow the commission and the county historical commission to intervene in a suit filed by a landowner to remove a cemetery dedication if the cemetery is not operated by a cemetery organization. The bill would also require a municipality to maintain public cemetaries that it operates or has jurisdiction over and provides specific requirements on what the maintenance would entail. Under the provisions of the bill, local entities would have some additional administrative requirements; however, the costs associated with those are not anticipated to be significant. Source Agencies:513 Funeral Service Commission, 808 Historical Commission LBB Staff: JOB, CL, MS, LCO
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 10, 2009
TO: Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2927 by Howard, Donna (Relating to the regulation of cemeteries by state and local government. ), Committee Report 1st House, Substituted
TO: Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB2927 by Howard, Donna (Relating to the regulation of cemeteries by state and local government. ), Committee Report 1st House, Substituted
Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health
Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB2927 by Howard, Donna (Relating to the regulation of cemeteries by state and local government. ), Committee Report 1st House, Substituted
HB2927 by Howard, Donna (Relating to the regulation of cemeteries by state and local government. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend chapters 711, 713 and 715 of the Health and Safety Code, regarding regulation of cemeteries. The bill provides that intention to remove interred human remains or remove cemetery dedication require notification to the Texas Historical Commission and the county historical commission in which the remains are located. The bill would allow both entities to intervene in a suit brought to a district court of the county regarding the removal of dedication or remains. The bill would allow removal of cemetery dedication and remains in unknown or abandoned cemeteries if the court finds that such removal is in the public interest. The method of removal is also provided by the bill. Costs associated with implementation of the bill are not anticipated to be significant.
The bill would amend chapters 711, 713 and 715 of the Health and Safety Code, regarding regulation of cemeteries. The bill provides that intention to remove interred human remains or remove cemetery dedication require notification to the Texas Historical Commission and the county historical commission in which the remains are located. The bill would allow both entities to intervene in a suit brought to a district court of the county regarding the removal of dedication or remains. The bill would allow removal of cemetery dedication and remains in unknown or abandoned cemeteries if the court finds that such removal is in the public interest. The method of removal is also provided by the bill.
Costs associated with implementation of the bill are not anticipated to be significant.
Local Government Impact
No significant fiscal implication to units of local government is anticipated. The bill would require a county clerk to send a copy of a notice of an unknown or abandoned cemetery to the Texas Historical Commission, and file the notice in county deed records by an index referencing the land of the cemetery's location. The bill would allow the commission and the county historical commission to intervene in a suit filed by a landowner to remove a cemetery dedication if the cemetery is not operated by a cemetery organization. The bill would also require a municipality to maintain public cemetaries that it operates or has jurisdiction over and provides specific requirements on what the maintenance would entail. Under the provisions of the bill, local entities would have some additional administrative requirements; however, the costs associated with those are not anticipated to be significant.
No significant fiscal implication to units of local government is anticipated.
The bill would require a county clerk to send a copy of a notice of an unknown or abandoned cemetery to the Texas Historical Commission, and file the notice in county deed records by an index referencing the land of the cemetery's location. The bill would allow the commission and the county historical commission to intervene in a suit filed by a landowner to remove a cemetery dedication if the cemetery is not operated by a cemetery organization. The bill would also require a municipality to maintain public cemetaries that it operates or has jurisdiction over and provides specific requirements on what the maintenance would entail. Under the provisions of the bill, local entities would have some additional administrative requirements; however, the costs associated with those are
not anticipated to be significant.
Source Agencies: 513 Funeral Service Commission, 808 Historical Commission
513 Funeral Service Commission, 808 Historical Commission
LBB Staff: JOB, CL, MS, LCO
JOB, CL, MS, LCO