By: Clardy (Senate Sponsor - Nichols) H.B. No. 2198
(In the Senate - Received from the House April 15, 2019;
April 17, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 6, 2019, reported favorably by
the following vote: Yeas 6, Nays 0; May 6, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the use of a perpetual trust fund for a cemetery by
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 713.008, Health and Safety Code, is
amended to read as follows:
Sec. 713.008. TERMINATION OF MUNICIPAL TRUST BY CERTAIN
MUNICIPALITIES. (a) The governing body of a municipality in a
county with a population of at least 128,000 but not more than
300,000 may abolish the municipality's perpetual trust fund for a
cemetery and use the fund, including both principal and interest,
for permanent improvements to the cemetery.
(b) The governing body of a municipality in a county with a
population of at least 40,000 but not more than 80,000 and that
contains a portion of the Angelina National Forest may abolish the
municipality's perpetual trust fund for a cemetery and use the
fund, including both principal and interest, for permanent
improvements to the cemetery. Termination of a trust fund under
this subsection does not constitute renouncement of a trust or
failure to act as its trustee under this subchapter.
SECTION 2. This Act takes effect September 1, 2019.
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