SRC-JJJ H.B. 3694 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3694
76R9286 MCK-FBy: Hunter (Ratliff)
Administration
5/10/1999
Engrossed


DIGEST 

Currently, Section 714.003, Health and Safety Code, attempts to regulate
the sale of abandoned lots in nonprofit cemeteries.  Certain portions of
the section are outdated and need to be clarified.  H.B. 3694 would
establish provisions regarding abandoned burial plots. 

PURPOSE

As proposed, H.B. 3694 establishes provisions regarding abandoned burial
plots. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Section 714.003, Health and Safety Code,
as follows: 
 Sec. 714.003.  ABANDONED PLOTS IN PRIVATE CEMETERIES
 
SECTION 2.  Amends Sections 714.003(a), (b), (c), (e), (g), and (i), Health
and Safety Code, to provide that the ownership or right of sepulture in an
unoccupied plot, rather than an unoccupied lot or part of a lot, for which
adequate perpetual care has not been provided in a private cemetery
operated by a nonprofit organization reverts to the cemetery on a finding
by the court that the plot is abandoned.  Requires a cemetery, after
deducting reasonable expenses related to the reacquisition and sale  of an
abandoned plot, including restoration, expenses of the sale, court costs
and legal fees, to deposit the balance of the funds from the sale of the
plot into an account to be used for the care of the cemetery.  Redefines
"nonprofit organization," and "private cemetery." Defines "plot."  Makes
conforming and nonsubstantive changes. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.