| |
| |
|
|
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. |