1-1           By:  Duncan                                      S.B. No. 451

 1-2           (In the Senate - Filed February 5, 1997; February 10, 1997,

 1-3     read first time and referred to Committee on Intergovernmental

 1-4     Relations; February 24, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     February 24, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 451                   By:  Carona

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to municipal perpetual trust funds for cemeteries.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 713.008, Health and Safety Code, is

1-13     amended to read as follows:

1-14           Sec. 713.008.  TERMINATION OF MUNICIPAL PERPETUAL TRUST FUND

1-15     BY CERTAIN MUNICIPALITIES.  (a)  The governing body of a

1-16     municipality in a county with a population of at least 122,000 but

1-17     not more than 128,000 may abolish the municipality's perpetual

1-18     trust fund for a cemetery and use the fund, including both

1-19     principal and interest, for permanent improvements to the cemetery.

1-20           (b)  The governing body of a municipality with a population

1-21     of at least 185,000 but not more than 250,000, on the sale,

1-22     conveyance, transfer, or lease of a municipal cemetery, may abolish

1-23     or assign to a third party the municipality's perpetual trust fund

1-24     for the cemetery.

1-25           SECTION 2.  This Act takes effect September 1, 1997.

1-26           SECTION 3.  The importance of this legislation and the

1-27     crowded condition of the calendars in both houses create an

1-28     emergency and an imperative public necessity that the

1-29     constitutional rule requiring bills to be read on three several

1-30     days in each house be suspended, and this rule is hereby suspended.

1-31                                  * * * * *