Bill Text: TX HB2812 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to access to certain cemeteries; providing penalties.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-13 - Left pending in committee [HB2812 Detail]
Download: Texas-2011-HB2812-Introduced.html
82R9769 ALB-D | ||
By: Coleman | H.B. No. 2812 |
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relating to access to certain cemeteries; providing penalties. | ||
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 (c) and adding Subsection (d) to | ||
read as follows: | ||
(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 using reasonable routes of ingress and egress 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): | ||
(A) not later than the 14th day before the date | ||
the person wishes to visit the cemetery; or | ||
(B) annually, as a list of dates if the person | ||
wishes to visit the cemetery more than once per year; and | ||
(3) the time of the visit is reasonable. | ||
(d) If ingress or egress from a cemetery or private burial | ||
grounds is not available, the commissioners court of the county in | ||
which the cemetery or private burial grounds are located shall take | ||
reasonable action to provide access for the purposes described by | ||
Subsection (a). | ||
SECTION 2. Section 711.0515, Health and Safety Code, as | ||
added by Chapters 263 (H.B. 1468) and 914 (H.B. 2927), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
Sec. 711.0515. [ |
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INJUNCTIVE RELIEF. (a) 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. | ||
(b) The Texas Funeral Service Commission may institute an | ||
action in its own name to enjoin a landowner who violates Section | ||
711.041 or a rule adopted under that section. At the commission's | ||
request, the attorney general shall represent the commission. At | ||
the commission's request and with the consent of the attorney | ||
general, a district or county attorney within the attorney's | ||
respective jurisdiction may represent the commission. | ||
(c) A person aggrieved by a violation or threatened | ||
violation of Section 711.041 or a rule adopted under that section | ||
may bring an action for appropriate injunctive relief to prevent | ||
the violation from continuing or occurring. | ||
(d) A suit under Subsection (b) or (c) shall be brought in | ||
the district court having jurisdiction in the county in which the | ||
violation or threatened violation occurs. | ||
(e) In granting injunctive relief under Subsection (b) or | ||
(c), the district court may set the frequency, duration, and hours | ||
of access to a cemetery. | ||
SECTION 3. Section 711.0521(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under this section is a Class A [ |
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misdemeanor. | ||
SECTION 4. The change in law made by this Act to Section | ||
711.0521(b), Health and Safety Code, 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 governed by the | ||
law in effect on the date 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 occurred before that date. | ||
SECTION 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 82nd Legislature, Regular Session, 2011, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |