By: Sibley S.B. No. 1660
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain cemeteries operated by a non-profit cemetery
1-3 corporation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 711.002(d), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (d) If the plot owners vote to incorporate in accordance
1-8 with Articles 3.01 and 3.02, Texas Non-Profit Corporation Act
1-9 (Articles 1396-3.01 and 1396-3.02, Vernon's Texas Civil Statutes),
1-10 on formation of the corporation, an initial board of directors
1-11 composed of members named in the articles of incorporation shall
1-12 manage the corporation. Subsequent members of the board of
1-13 directors shall be selected according to the by-laws of the
1-14 corporation. Plot owners in a cemetery owned by a non-profit
1-15 corporation are not shareholders of the corporation [at the same
1-16 meeting they shall select from the plot owners a board of directors
1-17 to be named in the charter].
1-18 SECTION 2. Section 711.023, Health and Safety Code, is
1-19 repealed.
1-20 SECTION 3. This Act takes effect September 1, 2001, and
1-21 applies only to a corporation organized under Section 711.022,
1-22 Health and Safety Code, as amended by this Act, on or after that
1-23 date. A corporation organized under that law before the effective
2-1 date of this Act is governed by the law as it existed immediately
2-2 before the effective date of this Act, and that law is continued in
2-3 effect for that purpose.