BILL ANALYSIS

Senate Research Center	H.B. 5175
88R25246 EAS-F	By: Collier; Orr (Schwertner)
	Local Government
	5/15/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Before Fairfield Lake State Park was established as a park, it was a freedmen's town. In the 1800s, the Chancellor Union Cemetery was established on the northeast grounds, where many family members, area residents, and ex-slaves were buried. John E. Ingram is the earliest marked grave in the cemetery, and among the 90 marked and unmarked graves are four generations of chancellors, pioneer settlers, and veterans of the Civil War and World War II. In 2002, the Freedmen Cemetery was discovered on the property, where nine unmarked graves were discovered. In 2007, the Texas Parks and Wildlife Department commissioned an archeological survey to better understand the history of Fairfield. The cemetery is still in use, as it has been for more than 140 years, and descendants of people who were buried there maintain the cemetery. Visitation hours for Texas cemeteries whose only point of access is to cross over privately owned land are determined by the owners, regardless of whether that cemetery has been designated as a Texas Historic Cemetery by the Texas Historical Commission. The two cemeteries located on the grounds of Fairfield Lake State Park have the potential of having restricted access by the park's new owners, which could prevent the public from visiting these historic places. H.B. 5175 seeks to ensure that members of the public have access to cemeteries and private burial grounds between the hours of 8 a.m. and 5 p.m. each day of the year, which are the same hours of operation as the Texas State Cemetery.

H.B. 5175 amends current law relating to access to certain cemeteries.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 711.041, Health and Safety Code, by amending Subsection (a) and adding Subsection (c-1), as follows:

(a) Provides that the right to reasonable ingress and egress for the purposes of visiting a cemetery or private burial grounds of access extends only to visitation during the hours determined by the owner or owners of the lands under Subsection (b) (relating to authorizing the owner or owners of the lands surrounding the cemetery or private burial grounds to designate the routes of reasonable ingress and egress and reasonable hours of availability) or at a reasonable time as provided by Subsection (c) (relating to requiring the owner or owners of the lands surrounding a cemetery or private burial grounds are required to allow a person to enter and exit the owner's land for the purpose of visiting the cemetery or private burial grounds under certain circumstances) or (c-1) and only for the purposes usually associated with cemetery visits.

(c-1) Requires the owner or owners of the lands surrounding a cemetery or private burial grounds, notwithstanding Subsection (b), to 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. Effective date: September 1, 2023.