Senate Research Center S.B. 1103
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The City of Lubbock cemetery is a conglomeration of several different cemeteries dating back to the late 19th century. Some sections of the cemetery were previously operated by private, for-profit entities or nonprofit organizations that are now defunct and the associated perpetual trust funds have been unfunded. Currently, the City of Lubbock has allocated a 10 percent fee from the sale of each cemetery property to the segregated perpetual trust fund, the balance of which is $110,000.
S.B. 1103 amends current law relating to the use of a perpetual trust fund for a cemetery by certain municipalities.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 713.008, Health and Safety Code, as follows:
Sec. 713.008. TERMINATION OF MUNICIPAL TRUST BY CERTAIN MUNICIPALITIES. Authorizes the governing body of a municipality in a county with a population of at least 128,000 but not more than 300,000, rather than a population of at least 128,000 but not more than 133,000, to abolish the municipality's perpetual trust fund for a cemetery and use the fund, including both the principal and interest, for permanent improvements to the cemetery.
SECTION 2. Effective date: upon passage or September 1, 2009.