Sec. 715.004. CONTENTS OF PETITION. (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 .
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