HBA-ATS, DMD H.B. 3694 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3694
By: Hunter
Business & Industry
6/24/1999
Enrolled



BACKGROUND AND PURPOSE 

Section 714.003 (Abandoned Lots in Private Cemeteries), Health and Safety
Code, regulates the sale of abandoned lots in nonprofit cemeteries.  Prior
to the 76th Legislature, certain portions of the section had become
outdated and were in need of clarification.  H.B. 3694 provides that an
unoccupied plot in a private cemetery, operated by a nonprofit
organization, for which care has not been provided, reverts back to the
cemetery upon a finding by a court that the plot is abandoned. This bill
requires a cemetery upon reclaiming and selling the plot to deposit the
funds into an account to be used for the care of the cemetery. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 714.003, Health and Safety Code, as follows:

Sec. 714.003. New Title: ABANDONED PLOTS IN PRIVATE CEMETERIES. 

SECTION 2.  Amends Sections 714.003(a), (b), (c), (e), (g), and (i), Health
and Safety Code, as follows: 

(a) Provides that the ownership or right of sepulture in an unoccupied
plot, rather than lot or a part of a lot, for which adequate perpetual care
has not been provided in a private cemetery operated by a nonprofit
organization, reverts to the cemetery on a finding by a court that the plot
is abandoned. Authorizes a cemetery to convey title to any plot, rather
than a lot or part of a lot, that has reverted to the cemetery. Makes
conforming changes. 

(b) Makes conforming changes.

(c) Makes a conforming change.

(e) Makes conforming and nonsubstantive changes.

(g) Requires a cemetery, after deducting reasonable expenses related to the
reacquisition and sale of an abandoned plot including restoration, expenses
of the sale, costs and legal fees, to deposit the balance of the funds from
the sale of the plot into an account to be used for the care of the
cemetery, rather than to be used solely for the perpetual care of the
cemetery. Makes conforming changes. 

(i) Defines "plot" and modifies the definitions for "nonprofit
organization" and "private cemetery" in this section. 

SECTION 3.Emergency clause.
  Effective date: upon passage.