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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 788 passed the Senate on
March 22, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 788 passed the House on
April 27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor