HBA-NRS, CMT H.B. 166 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 166 By: Brown, Fred Urban Affairs 7/16/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, an individual, corporation, partnership, firm, trust, or association was prohibited from establishing or operating a cemetery located within the boundaries of a municipality. House Bill 166 allows a charitable nonprofit corporation to file a written application with the governing body of a municipality with a population of at least 60,000 that is located in a county with a population of no more than 155,000 to establish or use a cemetery located within the boundaries of the municipality. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 166 amends the Health and Safety Code to authorize a charitable nonprofit corporation to file no later than December 1, 2001, a written application with the governing body of a municipality with a population of at least 60,000 that is located in a county with a population of no more than 155,000 to establish or use a cemetery located inside the boundaries of the municipality. The bill provides that the governing body may authorize by ordinance the establishment or use of a cemetery located inside the boundaries of the municipality if the municipality determines and states in the ordinance that the establishment or use of the cemetery does not adversely affect public health, safety, and welfare. EFFECTIVE DATE June 13, 2001.