HBA-NRS, CMT H.B. 166 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 166 By: Brown, Fred Urban Affairs 3/18/2001 Introduced BACKGROUND AND PURPOSE Current law prohibits an individual, corporation, partnership, firm, trust, or association from establishing or operating a cemetery located in or within certain distances of the boundaries of a municipality based upon the population of that municipality. House Bill 166 allows a charitable nonprofit corporation to file a written application with the governing body of a municipality 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 September 1, 2001 a written application with the governing body of a municipality to establish or use a cemetery located inside the boundaries of the municipality. The bill requires the municipality to prescribe by ordinance the information to be included in the application. The bill provides that the governing body may authorize by ordinance the establishment or use of the cemetery 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 On passage, or if the Act does not receive the necessary vote, the Act takes effect on the 91st day after adjournment.