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section are outdated and need to be clarified.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.