HB4774 - Relating to the administration of perpetual care trust funds for capital improvements at perpetual care cemeteries.

  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.