Amend HB 1468 (House Committee Printing) as follows:
(1) On page 1, line 7, between "may" and "adopt", insert
"enforce Section 711.052 and may".
(2) Add the following appropriately numbered SECTIONS to the
bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. 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 fourteenth day before the date
the person wishes to visit the cemetery; and
(3) the time of the visit is reasonable.
SECTION ____. 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 ____. Subchapter D, Chapter 711, Health and Safety
Code, is amended by adding Section 711.0521 to read as follows:
Sec. 711.0521. ACCESS TO CEMETERIES CRIMINAL PENALTIES. (a)
A person who is an individual, firm, association, corporation, or
municipality, or an officer, agent, or employee of an individual,
firm, association, corporation, or municipality, commits an
offense if the person interferes with a person's reasonable right
to ingress and egress under Section 711.041.
(b) An offense under this Section is a Class C misdemeanor.
SECTION ____. The change in law made by Section 711.0521,
Health and Safety Code, as amended 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.