Texas Health and Safety Code 711.023 – Rights of Plot Owners in Cemetery Operated by Nonprofit Cemetery Corporation
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(a) A person who purchases a plot from a nonprofit cemetery corporation is a shareholder of the corporation. The person may vote in the election of corporate officers and on other matters to the same extent as a stockholder in another corporation.
(b) An owner of a plot in a cemetery operated by a nonprofit corporation is a shareholder in any corporation that owns the cemetery. The plot owner may exercise the rights and privileges of a shareholder, whether the owner acquired title to the plot from the corporation or before the corporation was organized.
Terms Used In Texas Health and Safety Code 711.023
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) This section does not apply to a nonprofit cemetery corporation formed before September 1, 1963, if:
(1) the corporation was formed under Subdivision 87, Article 1302, Revised Statutes; and
(2) the charter or the articles of incorporation of the corporation provide that the corporation has no capital stock.