| 1 | 1 | | 89R15998 EAS-D |
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| 2 | 2 | | By: Smithee H.B. No. 4774 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the administration of perpetual care trust funds for |
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| 10 | 10 | | capital improvements at perpetual care cemeteries. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 712.025, Health and Safety Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Sec. 712.025. USE OF FUND DISTRIBUTIONS. (a) Except as |
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| 15 | 15 | | provided by Subsection (b), fund [Fund] distributions may be used |
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| 16 | 16 | | only to provide the perpetual care described by the instrument that |
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| 17 | 17 | | established the fund, including the general care and maintenance of |
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| 18 | 18 | | the property entitled to perpetual care in the perpetual care |
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| 19 | 19 | | cemetery. |
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| 20 | 20 | | (b) The corporation for the perpetual care cemetery may |
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| 21 | 21 | | petition the district court in the county in which the perpetual |
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| 22 | 22 | | care cemetery is located to use fund distributions for making |
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| 23 | 23 | | capital improvements to the perpetual care cemetery. The court may |
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| 24 | 24 | | grant the petition on a showing that: |
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| 25 | 25 | | (1) the use of the fund distributions for the proposed |
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| 26 | 26 | | capital improvements will not adversely affect the perpetual care |
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| 27 | 27 | | cemetery's ability to provide perpetual care; and |
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| 28 | 28 | | (2) the proposed capital improvements are in the best |
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| 29 | 29 | | interest of the perpetual care cemetery and the families of those |
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| 30 | 30 | | who are buried in the perpetual care cemetery who benefit from the |
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| 31 | 31 | | cemetery's perpetual care. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2025. |
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