Civil/Commercial Litigation (Lawsuits)/Can you explain this code please?
I am writing concerning a perpetual care cemetery that has become very run down. I came across this code in the Texas Health and Saftety Codes, but it is like foriegn language to me. It is code 712.026 in the Texas Health and Saftey codes. Can you please explain this is lay man terms? Thanks
Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.
With some searching, I found the law you referrenced. Please see http://www.lawserver.com/law/state/texas/tx-codes/texas_health_and_safety_code_7
712.026 - Suit By Plot Owners To Maintain Perpetual Care
Current as of: 2009
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View 2008 version
(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.
I do not praactice law in Texas, and suggest that you direct your question to an attorny in your area familiar with Texas law and rules. If I have to guess, my guess is that the law you asked about has to do with cemetary plots, and provides for relief in your district courts to make certain decisions about what to do about a company owned cemetary plot when the directors of a company fail to take care of it, or cannot agree how to do so.
I hope this helps, good luck to you.
SMITH & RAVER LLP
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