BILL ANALYSIS

C.S.H.B. 1970

By: Collier

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that Fairfield Lake State Park was a freedmen's town before it was established as a park, and there are two cemeteries of historical note located on the park's grounds, including the Chancellor Union Cemetery, which was established on the northeast ground in the 1800s and was a burial place for many family members, area residents, and ex-slaves. According to the site's historical marker, among the 90 marked and unmarked graves are four generations of chancellors, pioneer settlers, and veterans of the Civil War and World War II, and the cemetery contains a section dedicated to former slaves.

Currently, visitation hours for Texas cemeteries whose only point of access necessitates crossing 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 bill author has informed the committee that the two cemeteries located on the grounds of Fairfield Lake State Park have the potential of having access restricted by the park's new owners, which could prevent the public from visiting these historic places. C.S.H.B. 1970 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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1970 amends the Health and Safety Code to replace the authorization for the owner or owners of the lands surrounding a cemetery or private burial grounds for which no public ingress or egress is available to designate reasonable hours of availability for persons wishing to visit the cemetery or burial grounds with a requirement for the landowners to allow a person to enter and exit the owner's land for such visitation between the hours of 8 a.m. and 5 p.m. every day of the year.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1970 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute require the owner or owners of the lands surrounding a cemetery or private burial grounds for which no public ingress or egress is available 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. However, the substitute replaces an existing statutory authorization for the owner or owners to designate reasonable hours of availability with that requirement, whereas the introduced did not.