(a) A petition filed by a nonprofit corporation under this chapter must contain a legal description of the real property comprising the historic cemetery and must aver to the court that:
(1) the nonprofit corporation, through its members and incorporators, has a religious, ethnic, historic, or cultural relationship to the cemetery;
(2) the cemetery was established more than 75 years before the date the action was commenced;
(3) a viable organization of plot owners of the cemetery does not exist; and
(4) the cemetery threatens or endangers the public health, safety, comfort, or welfare.
(b) The petition must be accompanied by the written plan described by Section 715.005.

Terms Used In Texas Health and Safety Code 715.004

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
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