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 Prior to the 76th Legislature, certain portions of the section had become outdated and were in need of clarification.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.