By Ellis S.B. No. 350
74R4025 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of certain historic cemeteries by
1-3 nonprofit cemetery corporations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 711, Health and Safety
1-6 Code, is amended by adding Section 711.0225 to read as follows:
1-7 Sec. 711.0225. FORMATION OF NONPROFIT CEMETERY CORPORATION
1-8 FOR PRESERVATION OF HISTORIC CEMETERY. (a) A district court of
1-9 the county in which a cemetery is located may, by order, designate
1-10 a nonprofit cemetery corporation to restore, operate, and preserve
1-11 a historic cemetery if:
1-12 (1) the nonprofit corporation demonstrates a
1-13 religious, ethnic, or cultural relationship to the cemetery;
1-14 (2) the cemetery was established more than 75 years
1-15 before the date the action seeking the designation of the nonprofit
1-16 cemetery corporation is commenced;
1-17 (3) the nonprofit cemetery corporation demonstrates
1-18 that it attempted, with reasonable diligence, to identify and
1-19 locate existing plot owners and that each existing plot owner who
1-20 was located was notified of the action by certified mail;
1-21 (4) notice of the action is given by publication, in
1-22 the manner provided for sale of real estate under Rule 647, Texas
1-23 Rules of Civil Procedure, to existing plot owners whose identity or
1-24 location cannot be determined with reasonable diligence;
2-1 (5) a viable organization of plot owners does not
2-2 exist; and
2-3 (6) the cemetery is:
2-4 (A) maintained, located, or used in violation of
2-5 this chapter or Chapter 712; or
2-6 (B) neglected to the extent that the cemetery is
2-7 offensive to the inhabitants of the area surrounding the cemetery
2-8 and a cemetery perpetual care trust fund has not been established
2-9 under Chapter 712.
2-10 (b) Before designating a nonprofit cemetery corporation to
2-11 restore, operate, and maintain a historic cemetery under Subsection
2-12 (a), the court shall provide existing plot owners, if any, an
2-13 opportunity to be heard.
2-14 (c) The court's order under Subsection (a) must convey title
2-15 to the land to the nonprofit cemetery corporation.
2-16 (d) The nonprofit cemetery corporation designated to
2-17 restore, operate, and preserve a historic cemetery shall:
2-18 (1) publish notice of the time and place of the
2-19 organizational meeting of the shareholders of the corporation in a
2-20 newspaper in the county, if there is a newspaper, for 30 days
2-21 before the date of the meeting; and
2-22 (2) post written notice of the time and place of the
2-23 meeting at the cemetery for 30 days before the date of the meeting.
2-24 SECTION 2. Section 711.024, Health and Safety Code, is
2-25 amended to read as follows:
2-26 Sec. 711.024. AUTHORITY OF NONPROFIT CEMETERY CORPORATION. A
2-27 nonprofit cemetery corporation organized under Section 711.022 or
3-1 711.0225 <by plot owners> may divide cemetery property into lots
3-2 and subdivisions for cemetery purposes and charge reasonable
3-3 assessments on the property for the purposes of general improvement
3-4 and maintenance.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.