86R16847 EAS-F By: Miller H.B. No. 4179 A BILL TO BE ENTITLED AN ACT relating to the cemeteries in certain counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 713, Health and Safety Code, is amended by adding Section 713.0271 to read as follows: Sec. 713.0271. CEMETERY OWNED BY CERTAIN COUNTIES. A county with a population of more than 550,000 that borders a county with a population of more than 3.3 million may own, operate, and maintain a cemetery. SECTION 2. Section 713.028(a), Health and Safety Code, is amended to read as follows: (a) For purposes of historical preservation or public health, safety, or welfare, a commissioners court may use public funds, county employees, county inmate labor as provided by Article 43.10, Code of Criminal Procedure, and county equipment to maintain a cemetery that is at least [has a grave marker more than] 50 years old. SECTION 3. Section 713.026(a), Health and Safety Code, is amended to read as follows: (a) Except as provided by Sections 713.027, 713.0271, and 713.028, a trustee of a fund established under this subchapter or a member of the commissioners court or any other elected county officer may not pay or use public funds or county employees, equipment, or property to maintain a neglected or unkept public or private cemetery. SECTION 4. This Act takes effect September 1, 2019.