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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 8. DEATH AND DISPOSITION OF THE BODY |
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Subtitle C. CEMETERIES AND CREMATORIES |
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Chapter 712. PERPETUAL CARE CEMETERIES |
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Subchapter B. PERPETUAL CARE TRUST FUND |
Sec. 712.026. SUIT BY PLOT OWNERS TO MAINTAIN PERPETUAL CARE
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(a) If the directors of a corporation do not generally care for and maintain the corporation's perpetual care cemetery, the district court of the county in which the perpetual care cemetery is located may:
(1) by injunction compel the directors to expend the net income of the corporation's fund as required by this chapter; or
(2) appoint a receiver to take charge of the fund and expend the net income of the fund as required by this chapter.
(b) The suit for relief under this section must be brought by at least five owners of plots located in the perpetual care cemetery.
(c) In a suit for relief under this section, court costs and attorney's fees shall be awarded:
(1) to the directors of the corporation, if it is found that the directors are substantially expending the available net income of the fund as required by this subchapter; or
(2) to the plot owners initiating the suit, if it is found that the directors are not substantially expending the available net income of the fund as required by this subchapter.