§
715.001. Definitions
In this chapter:
(1)
"Burial park," "cemetery
purposes," "crematory,"
"mausoleum," and "plot" have
the meanings assigned by Section 711.001.
(2) "Cemetery"
means a place that is used for interment,
including a graveyard,
burial park, or a mausoleum located on the
grounds of a graveyard
or burial park.
(3) "Nonprofit corporation" means a
corporation not for profit subject to the
provisions of the Texas Non-Profit Corporation
Act (Article 1396-1.01, et seq., Vernon's Texas
Civil Statutes).
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.002. Petition of Nonprofit Corporation
A nonprofit corporation organized under this
chapter to restore, operate, and maintain a
historic cemetery
may petition the district court of the county in
which the cemetery
is located to authorize the nonprofit
corporation to restore, operate, and maintain
the cemetery.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.003. Parties to Action
An action commenced under this chapter shall be
brought by the incorporators of the nonprofit
corporation on behalf of the nonprofit
corporation. The necessary parties to the action
on which citation shall be served under Section
715.006 are:
(1) the record owners of the real property
comprising the historic cemetery;
(2) the owners of plots in the cemetery,
who may be designated as a class in the
petition; and
(3) the Texas Historical Commission.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.004. Contents of Petition
(a) a petition filed by a nonprofit corporation
under this chapter must contain a legal
description of the real property comprising the
historic cemetery
and must aver to the court that:
(1) the nonprofit corporation, through its
members and incorporators, has a religious,
ethnic, historic, or cultural relationship to
the cemetery;
(2) the cemetery
was established more than 75 years before the
date the action was commenced;
(3) a viable organization of plot owners of the cemetery
does not exist; and
(4) the cemetery
threatens or endangers the public health,
safety, comfort, or welfare.
(b) The petition must be accompanied by the
written plan described by Section 715.005.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
715.005.
Written Plan
(a) The written plan accompanying the nonprofit
corporation's petition must include:
(1) a description of the actions to be taken by
the nonprofit corporation to restore, operate,
and maintain the historic cemetery,
which must include:
(A) repair of any fences;
(B) straightening and resetting of memorials or
embellishments in the cemetery
that are a threat or danger to the public
health, safety, comfort, or welfare; and
(C) taking proper steps to restore and
continuously operate and maintain the cemetery
in an orderly and decent fashion that does not
endanger the public health, safety, comfort, or
welfare;
(2) the anticipated costs of the actions
described under Subdivision (1);
(3) the time that the actions described by
Subdivision (1) will be commenced and the time
that it is anticipated the actions will be
completed;
(4) a description of the actions to be taken by
the nonprofit corporation for the proper conduct
of its business and for the protection of the cemetery
and the principles, plans, and ideals on which
the cemetery
was established;
(5) the percentage of the total purchase price
of each plot in the cemetery
sold and conveyed by the nonprofit corporation
to be deposited in the trust fund established
under Section 715.011, which must be at least 10
percent of the total purchase price of the plot;
and
(6) a description of the records to be
maintained by the nonprofit corporation,
including records regarding:
(A) the sale of plots in the cemetery;
(B) the interments in the cemetery;
(C) the total purchase price received from the
sale of each plot in the cemetery;
(D) the percentage of the total purchase price
of each plot in the cemetery
deposited in the trust fund established under
Section 715.011; and
(E) the income received by the nonprofit
corporation from the trust fund established
under Section 715.011 and the manner in which
the income is used by the nonprofit corporation
for the maintenance and care of the cemetery.
(b) After the written plan is filed, the court
may require that the nonprofit corporation
modify the plan to include other matters
specified by the court.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.006. Service of Citation
(a) Before the 31st day after the date an action
is commenced by a nonprofit corporation under
this chapter, the nonprofit corporation shall
cause citation to be issued and served by
certified mail, return receipt requested, on:
(1) the record owners of the real property
comprising the cemetery
at their last known addresses;
(2) the owners of plots in the cemetery
at their last known addresses;
(3) the Texas Historical Commission at its
office in Austin, Texas; and
(4) the county auditor of the county in which
the cemetery
is located.
(b) The citation must be accompanied by a copy
of the petition.
(c) If the address or identity of a plot owner
is not known and cannot be ascertained with
reasonable diligence, service by publication
shall be made on the plot owner by publishing
notice at least three times in a newspaper of
general circulation in the county in which the cemetery
is located. If there is not a newspaper of
general circulation in the county in which the cemetery
is located, the notice may be published in a
newspaper of general circulation in an adjoining
county.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.007. Hearing
(a) Not later than the 90th day after the date
the petition is filed, the court shall hold a
hearing on the petition.
(b) Notice of the hearing shall be given by the
nonprofit corporation to the parties listed in
Section 715.003 not later than the 30th day
before the date of the hearing.
(c) The notice shall be given in the manner
prescribed by Section 715.006 for service of
citation.
(d) At the hearing, each of the parties listed
in Section 715.003 shall be given an opportunity
to be heard by the court and to answer the
petition of the nonprofit corporation.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.008. Court Order
(a) The court shall issue an order authorizing
the nonprofit corporation to restore, operate,
and maintain the cemetery
if the court finds that:
(1) the facts stated in the petition filed by a
nonprofit corporation under this chapter are
true and correct;
(2) the written plan accompanying the petition
demonstrates the nonprofit corporation's ability
to restore, operate, and maintain the historic cemetery
in accordance with this chapter; and
(3) authorizing the nonprofit corporation to
restore, operate, and maintain the cemetery
is in the best interest of the public.
(b) The written plan must be incorporated in the
court's order.
(c) The court's order is binding on all parties
to the action.
(d) The court retains continuing jurisdiction to
monitor and review compliance with the court's
order.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.009. Nonprofit Corporation
(a) The members of a nonprofit corporation
authorized to restore, operate, and maintain a
historic cemetery
are the plot and property owners of the cemetery.
(b) Each plot owner may exercise the rights and
privileges of a member of the nonprofit
corporation without regard to whether the plot
owner acquired the plot before or after the
nonprofit corporation was organized.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.010. Organizational Meeting
(a) A nonprofit corporation authorized to
restore, operate, and maintain a historic cemetery
shall, not later than the 10th day after the
date of the order of the court under Section
715.008:
(1) publish notice of the time and place of the
organizational meeting of the members of the
nonprofit corporation in a newspaper having
general circulation in the county in which the cemetery
is located or, if there is no newspaper of
general circulation in the county in which the cemetery
is located, in a newspaper of general
circulation in an adjoining county; and
(2) post written notice of the time and place of
the meeting at the cemetery.
(b) The notice published under Subsection (a)(1)
must be published not later than the 30th day
before the date of the meeting and repeated
twice before the date of the meeting. The notice
may not be published more than once a week.
(c) The written notice posted under Subsection
(a)(2) must be posted not later than the 30th
day before the date of the hearing and must
remain posted until the date of the hearing.
(d) At the organizational meeting of the members
of a nonprofit corporation authorized to
restore, operate, and maintain a historic cemetery,
a majority of the members present and voting at
the meeting shall elect a board of directors of
the nonprofit corporation. Directors and
officers are not required to be members of the
nonprofit corporation.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.011. Powers and Duties of Nonprofit
Corporation; Trust Fund
(a) A nonprofit corporation authorized to
restore, operate, and maintain a historic cemetery
may divide cemetery
property into lots and subdivisions for cemetery
purposes and charge reasonable assessments on
the property for the purposes of general
improvement and maintenance of the cemetery.
(b) The nonprofit corporation may sell and
convey the exclusive right of sepulture in any
unsold plot in the cemetery
if, before the sale and conveyance of any right
of sepulture, the nonprofit corporation
establishes a trust fund to provide for the
perpetual maintenance of the cemetery.
(c) The county auditor of the county in which
the cemetery
is located shall act as the trustee of the trust
fund.
(d) The nonprofit corporation shall deposit in
the trust fund the amount required under the
written plan incorporated in the court's order
not later than the 20th day after the last day
of the month in which the total purchase price
of a plot has been paid in full.
(e) The nonprofit corporation shall file a
monthly statement with the county auditor,
signed by the president and secretary of the
nonprofit corporation, that verifies that all
funds required to be deposited in the trust fund
during the preceding month have been deposited
in the trust fund and that any income disbursed
from the trust fund during the preceding month
was used by the nonprofit corporation for the
maintenance and care of the cemetery.
(f) The principal of a trust fund established
under this section may not be reduced
voluntarily, and it must remain inviolable.
(g) The trust fund and the trustee are governed
by Title 9, Property Code.
(h) The trustee may receive and hold as part of
the trust fund any property contributed as a
gift or grant to the trust fund for the
perpetual maintenance of the historic cemetery.
(i) The income of the trust fund may be applied
in the manner the directors of the nonprofit
corporation determine to be for the best
interest of the cemetery
and may be used only for the maintenance and
care of the cemetery.
(j) A district court of the county in which the
historic cemetery
is located shall appoint a suitable successor
trustee of a trust fund established under this
section if the county auditor resigns the
position of trustee of the trust fund or fails
to act as its trustee.
(k) The county auditor or other person who acts
as the trustee of a trust fund established under
this section is not civilly or criminally liable
for acts performed in the good faith
administration of the trust fund.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.012. Crematory Prohibited
A nonprofit corporation authorized to restore,
operate, and maintain a cemetery
under this chapter may not construct, establish,
or maintain a crematory.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.013. Adjacent or Contiguous Cemetery
A nonprofit corporation authorized to restore,
operate, and maintain a historic cemetery
may not acquire land for cemetery
purposes that is adjacent or contiguous to the cemetery
unless the adjacent or contiguous land is
operated as a perpetual care cemetery
under Chapter 712. The nonprofit corporation may
not petition the district court of the county in
which the cemetery
is located to remove the dedication with respect
to all or any portion of the cemetery.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.014. Cemetery
Open to Public
A historic cemetery
restored, operated, and maintained by a
nonprofit corporation under this chapter must
remain open to the public.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
§
715.015. Exemption
This chapter does not apply to:
(1) a perpetual care cemetery;
or
(2) a family cemetery.
Added by Acts 1995, 74th Leg., ch. 899, § 1,
eff. Aug. 28, 1995.
