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