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.