Texas § HS.712.026 - SUIT BY PLOT OWNERS TO MAINTAIN PERPETUAL CARE
Full text of Texas The Texas Constitution § HS.712.026 — SUIT BY PLOT OWNERS TO MAINTAIN PERPETUAL CARE, with citation guidance and answers to common questions.
§ HS.712.026. SUIT BY PLOT OWNERS TO MAINTAIN PERPETUAL CARE
SUIT BY PLOT OWNERS TO MAINTAIN PERPETUAL CARE. (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 permissible distributions from the corporation's fund as required by this chapter; or (2) appoint a receiver to take charge of the fund and expend the permissible distributions from 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 permissible distributions from 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 permissible distributions from the fund as required by this subchapter. (d) Fund assets may not be used to pay court costs and attorney's fees awarded under Subsection (c). Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 36, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 106, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1051 (H.B. 1948 ), Sec. 6, eff. September 1, 2017.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § HS.712.026
What does The Texas Constitution § HS.712.026 cover?
Section HS.712.026 ("SUIT BY PLOT OWNERS TO MAINTAIN PERPETUAL CARE") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.712.026?
A common citation format is "The Texas Constitution § HS.712.026" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.712.026 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.