1-1 AN ACT
1-2 relating to interment rights in a cemetery plot.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 711.039(g), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (g) The exclusive right of sepulture in an unused grave,
1-7 niche, or crypt of a plot in which the plot owner has been interred
1-8 may be conveyed only by:
1-9 (1) specific disposition of the unused grave, niche,
1-10 or crypt by express reference to it in a will or by written
1-11 declaration of the plot owner filed and recorded in the office of
1-12 the cemetery organization; or
1-13 (2) [the surviving spouse, if any, and children of the
1-14 owner; or]
1-15 [(3)] the surviving spouse, if any, and the
1-16 heirs-at-law of the owner[, if there is no surviving child of the
1-17 owner].
1-18 SECTION 2. This Act takes effect September 1, 2001, and
1-19 applies only to a conveyance of an exclusive right of sepulture
1-20 made on or after that date. A conveyance of an exclusive right of
1-21 sepulture made before the effective date of this Act is governed by
1-22 the law in effect immediately before that date, and that law is
1-23 continued in effect for this purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1459 was passed by the House on April
20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1459 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor