BILL ANALYSIS Senate Research Center H.B. 1571 87R13026 EAS-F By: Muoz, Jr. (Hinojosa) Business & Commerce 4/30/2021 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The City of Mission has not had a cemetery built within the city limits in the past 15 years. Unfortunately, due to the ongoing COVID-19 pandemic and the number of related deaths in the area, Mission has seen an increased need for burial plots beyond those already utilized by the city. The current cemeteries within the city's limits are reaching over 90 percent capacity and current statute does not allow the development of a new cemetery, despite the increased need for plots. H.B. 1571 would ensure the community has the statutory ability to create space for burials. H.B. 1571 grants statutory authority for the City of Mission to develop a new cemetery within its city limits. Once authority is granted, the regulation of the cemetery or any other type of perpetual care would continue as the law is already written. H.B. 1571 amends current law relating to an exemption for certain cemeteries from cemetery location restrictions. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 711.008, Health and Safety Code, by adding Subsection (l), as follows: (l) Provides that Subsection (a) (relating to prohibiting the establishment or operation of a cemetery within a certain distance from municipalities depending on population) does not apply to a cemetery established and operating before September 1, 2021, in a municipality: (1) with a population of not less than 75,000 and not more than 95,000; and (2) in which a state veterans cemetery is located. SECTION 2. Effective date: September 1, 2021.
BILL ANALYSIS
Senate Research Center H.B. 1571
87R13026 EAS-F By: Muoz, Jr. (Hinojosa)
Business & Commerce
4/30/2021
Engrossed
Senate Research Center
H.B. 1571
87R13026 EAS-F
By: Muoz, Jr. (Hinojosa)
Business & Commerce
4/30/2021
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The City of Mission has not had a cemetery built within the city limits in the past 15 years. Unfortunately, due to the ongoing COVID-19 pandemic and the number of related deaths in the area, Mission has seen an increased need for burial plots beyond those already utilized by the city. The current cemeteries within the city's limits are reaching over 90 percent capacity and current statute does not allow the development of a new cemetery, despite the increased need for plots.
H.B. 1571 would ensure the community has the statutory ability to create space for burials.
H.B. 1571 grants statutory authority for the City of Mission to develop a new cemetery within its city limits. Once authority is granted, the regulation of the cemetery or any other type of perpetual care would continue as the law is already written.
H.B. 1571 amends current law relating to an exemption for certain cemeteries from cemetery location restrictions.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 711.008, Health and Safety Code, by adding Subsection (l), as follows:
(l) Provides that Subsection (a) (relating to prohibiting the establishment or operation of a cemetery within a certain distance from municipalities depending on population) does not apply to a cemetery established and operating before September 1, 2021, in a municipality:
(1) with a population of not less than 75,000 and not more than 95,000; and
(2) in which a state veterans cemetery is located.
SECTION 2. Effective date: September 1, 2021.