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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of perpetual care trust funds for |
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capital improvements at perpetual care cemeteries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 712.025, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 712.025. USE OF FUND DISTRIBUTIONS. (a) Except as |
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provided by Subsection (b), fund [Fund] distributions may be used |
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only to provide the perpetual care described by the instrument that |
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established the fund, including the general care and maintenance of |
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the property entitled to perpetual care in the perpetual care |
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cemetery. |
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(b) The corporation for the perpetual care cemetery may |
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petition the district court in the county in which the perpetual |
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care cemetery is located to use fund distributions for making |
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capital improvements to the perpetual care cemetery. The court may |
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grant the petition on a showing that: |
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(1) the use of the fund distributions for the proposed |
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capital improvements will not adversely affect the perpetual care |
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cemetery's ability to provide perpetual care; and |
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(2) the proposed capital improvements are in the best |
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interest of the perpetual care cemetery and the families of those |
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who are buried in the perpetual care cemetery who benefit from the |
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cemetery's perpetual care. |
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SECTION 2. This Act takes effect September 1, 2025. |