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.