BILL ANALYSIS
Senate Research Center S.B. 1103
81R11652 SJM-D By: Duncan
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.
As proposed, S.B. 1103 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 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.
RULEMAKING AUTHORITY
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 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.