81R27310 ALB-D
By: Coleman, Hochberg H.B. No. 3739
Substitute the following for H.B. No. 3739:
By: Kolkhorst C.S.H.B. No. 3739
A BILL TO BE ENTITLED
AN ACT
relating to regulation of and access to certain cemeteries;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.012(b), Health and Safety Code, is
amended to read as follows:
(b) The Texas Funeral Service Commission may enforce
Section 711.0521 and may adopt rules, establish procedures, and
prescribe forms to enforce and administer Sections 711.003,
711.008, 711.010, 711.011, 711.021-711.035, 711.038, 711.041,
711.042, 711.061, and 711.062 relating to cemeteries that are not
perpetual care cemeteries.
SECTION 2. Section 711.041, Health and Safety Code, is
amended to read as follows:
Sec. 711.041. ACCESS TO CEMETERY. (a) Any person who
wishes to visit a cemetery or private burial grounds for which no
public ingress or egress is available shall have the right to
reasonable ingress and egress for the purpose of visiting the
cemetery or private burial grounds. This right of access extends
only to visitation during the [reasonable] hours determined by the
owner or owners of the lands under Subsection (b) or at a reasonable
time as provided by Subsection (c) and only for purposes usually
associated with cemetery visits.
(b) The owner or owners of the lands surrounding the
cemetery or private burial grounds may designate the routes of
reasonable ingress and egress and reasonable hours of availability.
(c) At a time other than the time provided by Subsection
(b), the owner or owners of the lands surrounding a cemetery or
private burial grounds must allow a person to enter and exit the
owner's land for the purpose of visiting the cemetery or private
burial grounds if:
(1) the person provides written notice to the owner or
owners of the lands surrounding the cemetery or private burial
grounds of the person's visit;
(2) the person provides the notice required by
Subdivision (1) not later than the 14th day before the date the
person wishes to visit the cemetery; and
(3) the time of the visit is reasonable.
SECTION 3. Subchapter D, Chapter 711, Health and Safety
Code, is amended by adding Section 711.0515 to read as follows:
Sec. 711.0515. INJUNCTIVE RELIEF. In addition to bringing
an action under Section 711.051, the attorney general at the
request of the Texas Funeral Service Commission may bring an action
for injunctive relief to enforce this chapter or a rule or order
adopted by the commission under this chapter.
SECTION 4. Subchapter D, Chapter 711, Health and Safety
Code, is amended by adding Section 711.0521 to read as follows:
Sec. 711.0521. CRIMINAL PENALTY FOR INTERFERING WITH A
PERSON'S RIGHT TO REASONABLE INGRESS AND EGRESS. (a) A person
commits an offense if the person interferes with another person's
right to reasonable ingress and egress under Section 711.041.
(b) An offense under this section is a Class C misdemeanor.
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 6. This Act takes effect September 1, 2009.