1-1     By:  West                                              S.B. No. 788
 1-2           (In the Senate - Filed February 20, 2001; February 21, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 6, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 6, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain suits by perpetual care cemetery plot owners.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 712.026, Health and Safety Code, is
1-11     amended by adding Subsection (c) to read as follows:
1-12           (c)  In a suit for relief under this section, court costs and
1-13     attorney's fees shall be awarded:
1-14                 (1)  to the directors of the corporation, if it is
1-15     found  that the directors are substantially expending the available
1-16     net income of the fund as required by this subchapter; or
1-17                 (2)  to the plot owners initiating the suit, if it is
1-18     found that the directors are not substantially expending the
1-19     available net income of the fund as required by this subchapter.
1-20           SECTION 2.  This Act takes effect September 1, 2001, and
1-21     applies only to a suit brought under Section 712.026, Health and
1-22     Safety Code, on or after that date.  A suit brought before the
1-23     effective date of this Act is governed by the law as it existed
1-24     immediately before that date and that law is continued in effect
1-25     for that purpose.
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