SRC-JEC S.B. 788 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 788
77R4017 DLF-FBy: West, Royce
Jurisprudence
2/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, state law allows a plot owner who finds that a perpetual care
cemetery owner is not meeting the obligations under a contract to sue the
cemetery owner.  As proposed, S.B. 788 adds a provision enabling the winner
of such a lawsuit to collect attorney's fees and court costs from the other
party. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 712.026, Health and Safety Code, to require, in
a suit for relief under this section, court costs and attorney's fees to be
awarded to the directors of the corporation, if it is found that the
directors are substantially expending the available net income of the fund
as required by this subchapter; or to the plot owners initiating the suit,
if it is found that the directors are not substantially expending the
available net income of the fund as required by this subchapter. 

SECTION 2.   Effective date: September 1, 2001.
  Makes application of this Act prospective.