By: Collier, Orr (Senate Sponsor - Schwertner) H.B. No. 5175
(In the Senate - Received from the House May 10, 2023;
May 11, 2023, read first time and referred to Committee on Local
Government; May 22, 2023, reported favorably by the following
vote: Yeas 8, Nays 0; May 22, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to access to certain cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.041, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c-1) to
read as follows:
(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 hours
determined by the owner or owners of the lands under Subsection (b)
or at a reasonable time as provided by Subsection (c) or (c-1) and
only for purposes usually associated with cemetery visits.
(c-1) Notwithstanding 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 between the hours
of 8 a.m. and 5 p.m. every day of the year.
SECTION 2. This Act takes effect September 1, 2023.
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