Sec. 715.006. SERVICE OF CITATION  


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  • (a) Before the 31st day after the date an action is commenced by a nonprofit corporation under this chapter, the nonprofit corporation shall cause citation to be issued and served by certified mail, return receipt requested, on:

    (1) the record owners of the real property comprising the cemetery at their last known addresses;

    (2) the owners of plots in the cemetery at their last known addresses;

    (3) the Texas Historical Commission at its office in Austin, Texas;

    (4) the Texas Funeral Service Commission; and

    (5) the county auditor of the county in which the cemetery is located.

    (b) The citation must be accompanied by a copy of the petition.

    (c) If the address or identity of a plot owner is not known and cannot be ascertained with reasonable diligence, service by publication shall be made on the plot owner by publishing notice at least three times in a newspaper of general circulation in the county in which the cemetery is located. If there is not a newspaper of general circulation in the county in which the cemetery is located, the notice may be published in a newspaper of general circulation in an adjoining county.

Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 41, eff. Sept. 1, 2003.