By: Duncan S.B. No. 451
97S0191/1
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, on the sale,
1-12 conveyance, transfer, or lease of a municipal cemetery, may abolish
1-13 or assign to a third party the municipality's perpetual trust fund
1-14 for the cemetery.
1-15 SECTION 2. This Act takes effect September 1, 1997.
1-16 SECTION 3. The importance of this legislation and the
1-17 crowded condition of the calendars in both houses create an
1-18 emergency and an imperative public necessity that the
1-19 constitutional rule requiring bills to be read on three several
1-20 days in each house be suspended, and this rule is hereby suspended.