| 1 | | - | H.B. No. 4179 |
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| 1 | + | By: Miller, et al. H.B. No. 4179 |
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| 2 | + | (Senate Sponsor - Miles, Kolkhorst) |
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| 3 | + | (In the Senate - Received from the House May 8, 2019; |
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| 4 | + | May 10, 2019, read first time and referred to Committee on |
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| 5 | + | Intergovernmental Relations; May 17, 2019, reported favorably by |
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| 6 | + | the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to the cemeteries in certain counties. |
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| 6 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 14 | | SECTION 1. Subchapter B, Chapter 713, Health and Safety |
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| 8 | 15 | | Code, is amended by adding Section 713.0271 to read as follows: |
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| 9 | 16 | | Sec. 713.0271. CEMETERY OWNED BY CERTAIN COUNTIES. A |
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| 10 | 17 | | county with a population of more than 550,000 that borders a county |
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| 11 | 18 | | with a population of more than 3.3 million may own, operate, and |
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| 12 | 19 | | maintain a cemetery. |
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| 13 | 20 | | SECTION 2. Section 713.028(a), Health and Safety Code, is |
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| 14 | 21 | | amended to read as follows: |
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| 15 | 22 | | (a) For purposes of historical preservation or public |
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| 16 | 23 | | health, safety, or welfare, a commissioners court may use public |
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| 17 | 24 | | funds, county employees, county inmate labor as provided by Article |
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| 18 | 25 | | 43.10, Code of Criminal Procedure, and county equipment to maintain |
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| 19 | 26 | | a cemetery that is at least [has a grave marker more than] 50 years |
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| 20 | 27 | | old. |
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| 21 | 28 | | SECTION 3. Section 713.026(a), Health and Safety Code, is |
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| 22 | 29 | | amended to read as follows: |
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| 23 | 30 | | (a) Except as provided by Sections 713.027, 713.0271, and |
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| 24 | 31 | | 713.028, a trustee of a fund established under this subchapter or a |
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| 25 | 32 | | member of the commissioners court or any other elected county |
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| 26 | 33 | | officer may not pay or use public funds or county employees, |
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| 27 | 34 | | equipment, or property to maintain a neglected or unkept public or |
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| 28 | 35 | | private cemetery. |
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| 29 | 36 | | SECTION 4. This Act takes effect immediately if it receives |
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| 30 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 40 | | Act takes effect September 1, 2019. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 4179 was passed by the House on May 7, |
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| 37 | | - | 2019, by the following vote: Yeas 146, Nays 0, 2 present, not |
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| 38 | | - | voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 4179 was passed by the Senate on May |
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| 42 | | - | 21, 2019, by the following vote: Yeas 31, Nays 0. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: _____________________ |
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| 46 | | - | Date |
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| 47 | | - | _____________________ |
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| 48 | | - | Governor |
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| 41 | + | * * * * * |
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