Sec. 711.042. AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION. A nonprofit cemetery organization organized by plot owners may:
(1) divide cemetery property into lots and subdivisions for cemetery purposes;
(2) charge assessments on the property for the purposes of general improvement and maintenance; and
(3) take any action, to the same extent and for the same purposes as a for-profit cemetery corporation, that is necessary to carry out the organization's business purposes, which include the business purposes necessarily incident to the burial and disposal of human remains, including any action necessary to:
(A) convey property or other assets of the organization;
(B) borrow money;
(C) pledge or mortgage the property or other assets of the organization to secure the organization's indebtedness or other obligations;
(D) lend money and take security for the loan in furtherance of its business purposes; and
(E) conduct any business activity or business directly or by or through one or more subsidiaries.
Added by Acts 1999, 76th Leg., ch. 703, Sec. 2, eff. June 18, 1999.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 711 - General Provisions Relating to Cemeteries
Subchapter C. Cemetery Organizations
Section 711.031. Rules; Civil Penalty
Section 711.032. Discrimination by Race, Color, or National Origin Prohibited
Section 711.033. Property Acquisition by Cemetery Organization; Recording Title
Section 711.035. Effect of Dedication
Section 711.036. Removal of Dedication
Section 711.037. Lien Against Cemetery Property
Section 711.038. Sale of Plots by Cemetery Organizations
Section 711.0381. Sale or Resale of Plots by Certain Persons
Section 711.039. Rights of Interment in Plot
Section 711.0395. Multiple Interments in Same Plot
Section 711.040. Multiple Owners of Plot
Section 711.041. Access to Cemetery
Section 711.042. Authority of Nonprofit Cemetery Organization