Monitoring the Session

HB 4774

cemetery trust funds for capital improvements

Died in committee

Verdict: No flags

No flagsInitial review
Rep. John T. SmitheeRHouse 86

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the administration of perpetual care trust funds for capital improvements at perpetual care cemeteries.

Caption from analyzed text · version I.

Summary

With district court permission, not just upkeep.

The bill lets a perpetual care cemetery corporation ask the local district court for permission to spend perpetual care trust fund distributions on capital improvements, not just upkeep. A judge may approve the request only if the spending will not hurt the cemetery's ability to provide perpetual care and is in the best interest of the cemetery and the families of those buried there. Cemetery corporations gain a court-supervised path to use trust money for building projects starting September 1, 2025.

Labels

Labels: PENDING FOREVER. Heard by the House Pensions, Investments & Financial Services committee on Apr 23, 2025 and left pending. Never voted out. The bill died.

Receipt

The receipt

89R-HB4774 · 2025-03-13

SOLD BY

ITEM

relating to the administration of perpetual care trust funds for capital improvements at perpetual care cemeteries.

WHAT IT DOES

With district court permission, not just upkeep.

The bill lets a perpetual care cemetery corporation ask the local district court for permission to spend perpetual care trust fund distributions on capital improvements, not just upkeep. A judge may approve the request only if the spending will not hurt the cemetery's ability to provide perpetual care and is in the best interest of the cemetery and the families of those buried there. Cemetery corporations gain a court-supervised path to use trust money for building projects starting September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 19, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Pensions, Investments & Financial Services
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Aug 19, 2024 to Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Kickapoo Traditional Tribe of TX$5,000.00

Kickapoo Traditional Tribe of TX

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Aug 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Aug 28, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968332.

Richard Weekley$5,000.00
Texans for Lawsuit Reform PAC$5,000.00

Texans for Lawsuit Reform PAC

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011601.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Kickapoo Traditional Tribe of TX

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Aug 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Aug 28, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968332.

×

Texans for Lawsuit Reform PAC

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011601.

Votes

No floor vote loaded for this bill.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 19, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 13, 2025

04/23/2025 H Left pending in committee

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Pensions, Investments & Financial Services · Final status: Died in committee

Subjects

Cemeteries

Courts--District

Property Interests--Trusts

Text

The text as introduced · 225 words

89R15998 EAS-D

By: Smithee
H.B. No. 4774

A BILL TO BE ENTITLED

AN ACT

relating to the administration of perpetual care trust funds for

capital improvements at perpetual care cemeteries.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 712.025, Health and Safety Code, is

amended to read as follows:

Sec. 712.025. USE OF FUND DISTRIBUTIONS. (a) Except as

provided by Subsection (b), fund [ Fund ] distributions may be used

only to provide the perpetual care described by the instrument that

established the fund, including the general care and maintenance of

the property entitled to perpetual care in the perpetual care

cemetery.

(b) The corporation for the perpetual care cemetery may

petition the district court in the county in which the perpetual

care cemetery is located to use fund distributions for making

capital improvements to the perpetual care cemetery. The court may

grant the petition on a showing that:

(1) the use of the fund distributions for the proposed

capital improvements will not adversely affect the perpetual care

cemetery's ability to provide perpetual care; and

(2) the proposed capital improvements are in the best

interest of the perpetual care cemetery and the families of those

who are buried in the perpetual care cemetery who benefit from the

cemetery's perpetual care.

SECTION 2. This Act takes effect September 1, 2025.