By West                                                S.B. No. 788
         77R4017 DLF-F                           
                                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.