1-1 By: Williams (Senate Sponsor - Armbrister) H.B. No. 1459
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on State
1-4 Affairs; May 7, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 7, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to interment rights in a cemetery plot.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 711.039(g), Health and Safety Code, is
1-11 amended to read as follows:
1-12 (g) The exclusive right of sepulture in an unused grave,
1-13 niche, or crypt of a plot in which the plot owner has been interred
1-14 may be conveyed only by:
1-15 (1) specific disposition of the unused grave, niche,
1-16 or crypt by express reference to it in a will or by written
1-17 declaration of the plot owner filed and recorded in the office of
1-18 the cemetery organization; or
1-19 (2) [the surviving spouse, if any, and children of the
1-20 owner; or]
1-21 [(3)] the surviving spouse, if any, and the
1-22 heirs-at-law of the owner[, if there is no surviving child of the
1-23 owner].
1-24 SECTION 2. This Act takes effect September 1, 2001, and
1-25 applies only to a conveyance of an exclusive right of sepulture
1-26 made on or after that date. A conveyance of an exclusive right of
1-27 sepulture made before the effective date of this Act is governed by
1-28 the law in effect immediately before that date, and that law is
1-29 continued in effect for this purpose.
1-30 * * * * *