HBA-EDN S.B. 788 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 788 By: West, Royce Financial Institutions 4/6/2001 Engrossed BACKGROUND AND PURPOSE Under current law, a plot owner who finds that a perpetual care cemetery owner is not meeting the obligations under a contract is allowed to sue the cemetery owner. Senate Bill 788 requires that court costs and attorney's fees be awarded to the prevailing party in a suit. 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. ANALYSIS Senate Bill 788 amends the Health and Safety Code to provide for the awarding of court costs and attorney's fees to the prevailing party in a suit brought by plot owners of a perpetual care cemetery asserting that a corporation operating the cemetery has not maintained perpetual care. EFFECTIVE DATE September 1, 2001.