81R5152 YDB-D
 
  By: Miller of Erath H.B. No. 1031
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to maintenance of roads on the property of a perpetual care
  cemetery.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 712.007(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A corporation must include the following statement in
  each sales contract, certificate of ownership, or other instrument
  of conveyance of the exclusive right of sepulture:
               "This cemetery is operated as a perpetual care
  cemetery, which means that a perpetual care fund for
  its maintenance has been established in conformity
  with the laws of the State of Texas. Perpetual care
  means to maintain, repair, and care for the cemetery,
  including the roads on cemetery property."
         SECTION 2.  Subchapter A, Chapter 712, Health and Safety
  Code, is amended by adding Section 712.0071 to read as follows:
         Sec. 712.0071.  ROAD MAINTENANCE. A corporation that
  operates a perpetual care cemetery shall properly maintain and
  repair the roads on cemetery property.
         SECTION 3.  The changes in law made by this Act are intended
  to clarify rather than change existing law.
         SECTION 4.  This Act takes effect September 1, 2009.