Texas 2023 - 88th Regular

Texas House Bill HB5175

Filed
3/10/23  
Out of House Committee
5/2/23  
Voted on by House
5/9/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to access to certain cemeteries.

Impact

If enacted, HB 5175 would amend the Health and Safety Code to ensure that the owners of lands surrounding cemeteries must allow public access daily from 8 a.m. to 5 p.m. This change would formalize visitation rights, ensuring that individuals can access burial sites without excessive restrictions. This legislation encapsulates a broader commitment to historical preservation and respect for deceased individuals, thereby reinforcing the cultural and emotional significance of cemeteries within communities.

Summary

House Bill 5175 is a legislative proposal aimed at facilitating public access to certain cemeteries located on private land in Texas. Specifically, the bill establishes a framework that grants individuals the right to reasonable ingress and egress to visit cemeteries or private burial grounds, particularly emphasizing the need for access to places like the historic Chancellor Union Cemetery within the Fairfield Lake State Park. Advocates for the bill argue that access to burial sites is a fundamental right that should be preserved, especially for families wanting to visit their loved ones' gravesites.

Sentiment

The sentiment surrounding HB 5175 appears to be largely positive, garnering unanimous support during its committee evaluations. Discussions in committees have reflected a strong belief in the necessity of maintaining public access to cemeteries, highlighting their importance for historical education and personal mourning. There was, however, a recognition that the specifics of this access, including property rights and the potential impact on landowners, need careful consideration to balance visitor rights with legal property boundaries.

Contention

Despite the broad support, notable points of contention may arise around how property rights intersect with public access. Some may challenge the bill on the grounds that it places undue restrictions on landowners, potentially infringing upon their rights to control access to their property. Concerns have also been raised about the enforcement of access and what constitutes 'reasonable' visitation times. These discussions are likely to evolve as the bill progresses through the legislative process, reflecting ongoing debates about local governance and individual rights.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 711. General Provisions Relating To Cemeteries
    • Section: 041
    • Section: 041
    • Section: 041
    • Section: 041

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.