HBA-DMD C.S.H.B. 3694 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3694 By: Hunter Business & Industry 4/8/1999 Committee Report (Substituted) 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 Certain portions of the section are outdated and need to be clarified. C.S.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 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 2.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute creates a new SECTION 1 which amends solely the heading to Section 714.003, Health and Safety Code. The title of the new heading is "Abandoned Plots in Private Cemeteries." This substitute creates the new SECTION 2 (Section 714.003, Health and Safety Code) from text redesignated from SECTION 1 of the original bill. It also provides that the ownership or right of sepulture in an unoccupied plot 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, rather than by a court of competent jurisdiction, that the plot is abandoned. It also adds to the existing definition of "nonprofit organization" by changing a statutory reference and redesignates Subdivisions (3) and (4) of the original bill to (4) and (3) of the substitute, respectively. This substitute also redesignates the emergency clause and effective date from SECTION 2 of the original to SECTION 3 of the substitute.