| 1 | 1 | | By: Collier, Orr (Senate Sponsor - Schwertner) H.B. No. 5175 |
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| 2 | 2 | | (In the Senate - Received from the House May 10, 2023; |
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| 3 | 3 | | May 11, 2023, read first time and referred to Committee on Local |
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| 4 | 4 | | Government; May 22, 2023, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 8, Nays 0; May 22, 2023, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to access to certain cemeteries. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 711.041, Health and Safety Code, is |
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| 14 | 14 | | amended by amending Subsection (a) and adding Subsection (c-1) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) Any person who wishes to visit a cemetery or private |
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| 17 | 17 | | burial grounds for which no public ingress or egress is available |
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| 18 | 18 | | shall have the right to reasonable ingress and egress for the |
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| 19 | 19 | | purpose of visiting the cemetery or private burial grounds. This |
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| 20 | 20 | | right of access extends only to visitation during the hours |
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| 21 | 21 | | determined by the owner or owners of the lands under Subsection (b) |
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| 22 | 22 | | or at a reasonable time as provided by Subsection (c) or (c-1) and |
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| 23 | 23 | | only for purposes usually associated with cemetery visits. |
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| 24 | 24 | | (c-1) Notwithstanding Subsection (b), the owner or owners |
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| 25 | 25 | | of the lands surrounding a cemetery or private burial grounds must |
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| 26 | 26 | | allow a person to enter and exit the owner's land for the purpose of |
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| 27 | 27 | | visiting the cemetery or private burial grounds between the hours |
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| 28 | 28 | | of 8 a.m. and 5 p.m. every day of the year. |
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| 29 | 29 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 30 | 30 | | * * * * * |
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