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


Office of House Bill AnalysisH.B. 3694
By: Hunter
Business & Industry
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 714.003, Health and Safety Code, attempts to regulate
the sale of abandoned lots in nonprofit cemeteries. Certain portions of the
section are outdated and need to be clarified. H.B. 3694 reverts an
unoccupied plot in a private cemetery, operated by a nonprofit organization
for which care has not been provided, to the cemetery upon a finding by a
court of competent jurisdiction 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. (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 of competent
jurisdiction 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.  

(b) Makes conforming changes.

(c) Makes a conforming change.

(d) Makes no change.

(e) Makes conforming and nonsubstantive changes.

(f) Makes no change.

(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. 

(h) Makes no change.

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

SECTION 2.Emergency clause.
  Effective date: upon passage.