(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.