By Wentworth                                    S.B. No. 1138

      75R7700 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to recording of evidence of ownership of cemetery plots.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 711.038, Health and Safety Code, is

 1-5     amended by amending Subsection (b) and adding Subsections (f) and

 1-6     (g) to read as follows:

 1-7           (b)  A certificate of ownership or other instrument

 1-8     evidencing the conveyance of the exclusive right of sepulture by a

 1-9     cemetery organization must state the specific unique number of the

1-10     plot in which the right of sepulture is conveyed and must be signed

1-11     by the president or vice-president and the secretary or other

1-12     officers authorized by the cemetery organization.

1-13           (f)  Not later than the 30th day after the date that a

1-14     cemetery organization sells the exclusive right of sepulture, the

1-15     cemetery organization shall file the certificate of ownership or

1-16     other instrument evidencing the conveyance with the county clerk.

1-17           (g)  The county clerk shall number and file a certificate of

1-18     ownership or other instrument evidencing the conveyance of the

1-19     exclusive right of sepulture and record the certificate or other

1-20     instrument in the county deed records.

1-21           SECTION 2.  This Act takes effect September 1, 1997.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.