Texas 2021 87th Regular

Texas House Bill HB1910 Analysis / Analysis

Filed 04/23/2021

                    BILL ANALYSIS             H.B. 1910     By: Schofield     Land & Resource Management     Committee Report (Unamended)             BACKGROUND AND PURPOSE    In Texas, municipalities may not create new cemeteries within certain distances of their boundaries. Larger cities in Texas are restricted even further, given that the requisite distance from such a boundary increases the larger the municipality's population. Due to rapid population growth across the state, some municipalities are unable to establish new cemeteries, forcing families to bury their loved ones miles away from their homes and local churches. H.B. 1910 seeks to address this issue by authorizing any nonprofit organization to file an application with certain municipalities to establish or use a cemetery located within the boundaries of the municipality.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 1910 amends the Health and Safety Code to postpone from not later than September 1, 2020, to not later than September 1, 2024, the deadline for a nonprofit organization to file a written application with the governing body of a municipality that is wholly or partly located in a county with a population of more than 3.3 million to establish or use a cemetery located inside the municipality's boundaries.       EFFECTIVE DATE    On passage, or, if the bill does not receive the necessary vote, September 1, 2021.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 1910
By: Schofield
Land & Resource Management
Committee Report (Unamended)

H.B. 1910

By: Schofield

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    In Texas, municipalities may not create new cemeteries within certain distances of their boundaries. Larger cities in Texas are restricted even further, given that the requisite distance from such a boundary increases the larger the municipality's population. Due to rapid population growth across the state, some municipalities are unable to establish new cemeteries, forcing families to bury their loved ones miles away from their homes and local churches. H.B. 1910 seeks to address this issue by authorizing any nonprofit organization to file an application with certain municipalities to establish or use a cemetery located within the boundaries of the municipality.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 1910 amends the Health and Safety Code to postpone from not later than September 1, 2020, to not later than September 1, 2024, the deadline for a nonprofit organization to file a written application with the governing body of a municipality that is wholly or partly located in a county with a population of more than 3.3 million to establish or use a cemetery located inside the municipality's boundaries.
EFFECTIVE DATE    On passage, or, if the bill does not receive the necessary vote, September 1, 2021.

BACKGROUND AND PURPOSE 

 

In Texas, municipalities may not create new cemeteries within certain distances of their boundaries. Larger cities in Texas are restricted even further, given that the requisite distance from such a boundary increases the larger the municipality's population. Due to rapid population growth across the state, some municipalities are unable to establish new cemeteries, forcing families to bury their loved ones miles away from their homes and local churches. H.B. 1910 seeks to address this issue by authorizing any nonprofit organization to file an application with certain municipalities to establish or use a cemetery located within the boundaries of the municipality.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 1910 amends the Health and Safety Code to postpone from not later than September 1, 2020, to not later than September 1, 2024, the deadline for a nonprofit organization to file a written application with the governing body of a municipality that is wholly or partly located in a county with a population of more than 3.3 million to establish or use a cemetery located inside the municipality's boundaries.

 

EFFECTIVE DATE 

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.