Sec. 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, 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, or 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 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, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 16, eff. September 1, 2009.
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