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. 1-26 * * * * *