Sec. 715.008. COURT ORDER. (a) The court shall issue an order authorizing the nonprofit corporation to restore, operate, and maintain the cemetery if the court finds that:
(1) the facts stated in the petition filed by a nonprofit corporation under this chapter are true and correct;
(2) the written plan accompanying the petition demonstrates the nonprofit corporation's ability to restore, operate, and maintain the historic cemetery in accordance with this chapter; and
(3) authorizing the nonprofit corporation to restore, operate, and maintain the cemetery is in the best interest of the public.
(b) The written plan must be incorporated in the court's order.
(c) The court's order is binding on all parties to the action.
(d) The court retains continuing jurisdiction to monitor and review compliance with the court's order.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 715 - Certain Historic Cemeteries
Section 715.002. Petition of Nonprofit Corporation
Section 715.003. Parties to Action
Section 715.004. Contents of Petition
Section 715.006. Service of Citation
Section 715.009. Nonprofit Corporation
Section 715.010. Organizational Meeting
Section 715.011. Powers and Duties of Nonprofit Corporation; Trust Fund
Section 715.012. Crematory Prohibited
Section 715.013. Adjacent or Contiguous Cemetery