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 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.
(d) This section does not apply to an unverified cemetery.
Added by Acts 1993, 73rd Leg., ch. 634, Sec. 22, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 7, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 8, eff. September 1, 2017.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 711 - General Provisions Relating to Cemeteries
Subchapter C. Cemetery Organizations
Section 711.031. Rules; Civil Penalty
Section 711.032. Discrimination by Race, Color, or National Origin Prohibited
Section 711.033. Property Acquisition by Cemetery Organization; Recording Title
Section 711.035. Effect of Dedication
Section 711.036. Removal of Dedication
Section 711.037. Lien Against Cemetery Property
Section 711.038. Sale of Plots by Cemetery Organizations
Section 711.0381. Sale or Resale of Plots by Certain Persons
Section 711.039. Rights of Interment in Plot
Section 711.0395. Multiple Interments in Same Plot
Section 711.040. Multiple Owners of Plot
Section 711.041. Access to Cemetery
Section 711.042. Authority of Nonprofit Cemetery Organization