(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.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.