By: West S.B. No. 788 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain suits by perpetual care cemetery plot owners. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 712.026, Health and Safety Code, is 1-5 amended by adding Subsection (c) to read as follows: 1-6 (c) In a suit for relief under this section, court costs and 1-7 attorney's fees shall be awarded: 1-8 (1) to the directors of the corporation, if it is 1-9 found that the directors are substantially expending the available 1-10 net income of the fund as required by this subchapter; or 1-11 (2) to the plot owners initiating the suit, if it is 1-12 found that the directors are not substantially expending the 1-13 available net income of the fund as required by this subchapter. 1-14 SECTION 2. This Act takes effect September 1, 2001, and 1-15 applies only to a suit brought under Section 712.026, Health and 1-16 Safety Code, on or after that date. A suit brought before the 1-17 effective date of this Act is governed by the law as it existed 1-18 immediately before that date and that law is continued in effect 1-19 for that purpose.