Relating to the administration of perpetual care trust funds for capital improvements at perpetual care cemeteries.

89(R) HB 4774 - Introduced version - Bill Text

89R15998 EAS-D

By: Smithee

H.B. No. 4774

A BILL TO BE ENTITLED

AN ACT

relating to the administration of perpetual care trust funds for

capital improvements at perpetual care cemeteries.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 712.025, Health and Safety Code, is

amended to read as follows:

Sec. 712.025. USE OF FUND DISTRIBUTIONS.
(a) Except as

provided by Subsection (b), fund
[
Fund
] distributions may be used

only to provide the perpetual care described by the instrument that

established the fund, including the general care and maintenance of

the property entitled to perpetual care in the perpetual care

cemetery.

(b)

The corporation for the perpetual care cemetery may

petition the district court in the county in which the perpetual

care cemetery is located to use fund distributions for making

capital improvements to the perpetual care cemetery. The court may

grant the petition on a showing that:

(1)

the use of the fund distributions for the proposed

capital improvements will not adversely affect the perpetual care

cemetery's ability to provide perpetual care; and

(2)

the proposed capital improvements are in the best

interest of the perpetual care cemetery and the families of those

who are buried in the perpetual care cemetery who benefit from the

cemetery's perpetual care.

SECTION 2. This Act takes effect September 1, 2025.