YOUNG: The last of the new changes affecting cemeteries in Texas

Last week I did not have enough space left in my weekly column to complete all of the changes listed under Section 12. Section 713.009 (b), (c), (d), and (e). This week’s article will begin with section (e) under 711.009.

Section 12. Section 711.009

(e) The notice must be given by mail to all persons shown by the records in the county clerk’s office to have an interest in the cemetery, to the Texas Historical Commission, and to all interested persons by publication in a newspaper of general circulation in the municipality.

Section 13. Section 713.010, Health and Safety Code, is amended to read as follows:

Sec. 713.010. PRIVATE CARE OF GRAVES. This subchapter does not affect the right of a person who has an interest in a grave or burial lot, or who is related within the fifth degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to, or is a direct descendant of, a decedent interred in the cemetery, to beautify or maintain a grave or burial lot individually or at the person’s own expense in accordance with reasonable municipal rules.

Section 14. Subchapter A, Chapter 713, Health and Safety Code, is amended by adding section 713.011 to read as follows:

Sec. 713.011. MAINTENANCE OF MUNICIPAL CEMETERIES.

(a) A municipality that operates or has jurisdiction over a public cemetery shall maintain the cemetery in a condition that does not endanger the public health, safety, comfort, or welfare.

(b) A municipality’s responsibility to maintain a cemetery under this section includes:

(1) repairing and maintaining any fences, walls, buildings, roads, or other improvements

(2) leveling or straightening markers or memorials

(3) properly maintaining lawns, shrubbery, and plants

(4) removing debris, including dead flowers and deteriorated plastic ornaments: and

(5) promptly restoring gravesites following interment.

Section 15. Section 713.025, Health and Safety Code, is amended to read as follows:

Sec. 713.025. PRIVATE CARE OF GRAVES. This subchapter does not affect the right of a person to maintain a grave or burial lot in a cemetery if the person:

(1) has an interest in the grave or burial lot; or

(2) is related within the fifth degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to, or is a direct descendent of, a decedent interred in a cemetery maintained by a trustee under this subchapter.

Section 16. Section 715.005 (a), Health and Safety Code, is amended to read as follows:

(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, leveling and resetting of memorials or embellishments in the cemetery that are a threat or danger to the public health, safety, comfort, or welfare,

(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, and welfare;

(D) restoration of damaged memorials: and

(E) restoration and maintenance of cemetery elements as defined by Section 711.001,

(2) the anticipated costs of the actions described under Subdivision (1);

(3) the time 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 principals, 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 maintance and care of the cemetery.

Section 17. This Act takes effect Sept. 1, 2009

Next week: Several comments about the new laws and cemeteries here in Navarro County.