(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.

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Terms Used In Texas Health and Safety Code 715.008

  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.