Sec. 712.030. USE OF GIFT FOR SPECIAL CARE OF PLOT IN PERPETUAL CARE CEMETERY. (a) A trustee may take and hold property transferred to the trustee in trust in order to apply the principal, proceeds, or income of the property for any purpose consistent with the terms of the trust and the purpose of a corporation's perpetual care cemetery, including:
(1) the improvement or embellishment of any part of the perpetual care cemetery;
(2) the erection, renewal, repair, or preservation of a monument, fence, building, or other structure in the perpetual care cemetery;
(3) planting or cultivating plants in or around the perpetual care cemetery; or
(4) taking special care of or embellishing a plot, section, or building in the perpetual care cemetery.
(b) Except as provided by this subsection, the assets of a trust established under this section are not considered assets of the fund. If a gift in trust is specifically intended to serve the same general purpose as the fund, the trust may be merged with the fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 40, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1051 (H.B. 1948), Sec. 7, eff. September 1, 2017.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 712 - Perpetual Care Cemeteries
Subchapter B. Perpetual Care Trust Fund
Section 712.020. Conflict With Other Law
Section 712.021. Establishment and Purposes of Fund
Section 712.022. Operation of Perpetual Care Cemetery
Section 712.023. Validity of Contributions
Section 712.024. Amendment of Trust Instrument
Section 712.025. Use of Fund Distributions
Section 712.0255. Judicial Modification or Termination of Fund
Section 712.026. Suit by Plot Owners to Maintain Perpetual Care
Section 712.027. Investment of Fund
Section 712.028. Amount of Fund Deposits From Sales
Section 712.029. Accounting for and Depositing Amounts
Section 712.030. Use of Gift for Special Care of Plot in Perpetual Care Cemetery