1-1     By:  Hunter (Senate Sponsor - Ratliff)                H.B. No. 3694
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on
 1-4     Administration; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to abandoned burial plots.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  The heading to Section 714.003, Health and Safety
1-11     Code, is amended  to read as follows:
1-12           Sec. 714.003.  ABANDONED PLOTS [LOTS] IN PRIVATE CEMETERIES
1-13           SECTION 2.  Sections 714.003(a), (b), (c), (e), (g), and (i),
1-14     Health and Safety Code, are amended to read as follows:
1-15           (a)  The ownership or right of sepulture in an unoccupied
1-16     plot [lot or a part of a lot] for which adequate perpetual care has
1-17     not been provided in a private cemetery operated by a nonprofit
1-18     organization reverts to the cemetery on a finding by a court that
1-19     the plot [lot or part of the lot] is abandoned.  A cemetery may
1-20     convey title to any plot [a lot or part of a lot] that has reverted
1-21     to the cemetery.
1-22           (b)  A plot [lot] is presumed to be abandoned if for 10
1-23     consecutive years an owner or an owner's successor in interest does
1-24     not:
1-25                 (1)  maintain the plot [lot] in a condition consistent
1-26     with other plots [lots] in the cemetery; or
1-27                 (2)  pay any assessments for maintenance charged by the
1-28     cemetery.
1-29           (c)  An owner or an owner's successors in interest may rebut
1-30     the presumption of abandonment by:
1-31                 (1)  delivering to the governing body or by filing with
1-32     the court written notice claiming ownership of or right of
1-33     sepulture in the plot [lot]; and
1-34                 (2)  paying the cemetery for any past due maintenance
1-35     charges on the plot [lot] plus interest at the maximum legal rate.
1-36           (e)  The governing body may petition a court of competent
1-37     jurisdiction for an order declaring that a plot [lot or a part of a
1-38     lot] is abandoned if, not later than the 91st day and not earlier
1-39     than the 120th day before the date the petition is filed, the
1-40     governing body gives written notice of its claim of the plot to the
1-41     [lot] owner or, if the owner is deceased or his address is unknown,
1-42     to the owner's known successors in interest.  The notice must be
1-43     delivered in person or by prepaid United States mail, sent to the
1-44     last known address of the owner or the owner's successors in
1-45     interest.
1-46           (g)  After deducting reasonable expenses related to the
1-47     reacquisition and sale of an abandoned plot [cemetery lot],
1-48     including restoration, expenses of the sale, court costs and legal
1-49     fees, a cemetery shall deposit the balance of the funds from the
1-50     sale of the plot [lot] into an account to be used [solely] for the
1-51     [perpetual] care of the cemetery.
1-52           (i)  In this section:
1-53                 (1)  "Governing body" means the person in a nonprofit
1-54     organization responsible for conducting a cemetery business.
1-55                 (2)  "Nonprofit organization" means an organization
1-56     described by Section 501(c)(13) [501(c)(3)], Internal Revenue Code
1-57     of 1986 (26 U.S.C.  Section  501(c)(13) [501(c)(3)]).
1-58                 (3)  "Plot" means a grave space in a cemetery that has
1-59     not been used to inter human remains.
1-60                 (4)  "Private cemetery" means a cemetery that is not
1-61     owned or operated by the United States, this state, or a political
1-62     subdivision of this state, but is owned and operated by a nonprofit
1-63     organization.
1-64           SECTION 3.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended,
 2-5     and that this Act take effect and be in force from and after its
 2-6     passage, and it is so enacted.
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