By:  Duncan                                   S.B. No. 451

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to municipal perpetual trust funds for cemeteries.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 713.008, Health and Safety Code, is

 1-4     amended to read as follows:

 1-5           Sec. 713.008.  TERMINATION OF MUNICIPAL PERPETUAL TRUST FUND

 1-6     BY CERTAIN MUNICIPALITIES.  (a)  The governing body of a

 1-7     municipality in a county with a population of at least 122,000 but

 1-8     not more than 128,000 may abolish the municipality's perpetual

 1-9     trust fund for a cemetery and use the fund, including both

1-10     principal and interest, for permanent improvements to the cemetery.

1-11           (b)  The governing body of a municipality with a population

1-12     of at least 185,000 but not more than 250,000, on the sale,

1-13     conveyance, transfer, or lease of a municipal cemetery, may abolish

1-14     or assign to a third party the municipality's perpetual trust fund

1-15     for the cemetery.

1-16           SECTION 2.  This Act takes effect September 1, 1997.

1-17           SECTION 3.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended.