HB 1970 amends the Texas Health and Safety Code provisions governing access to cemeteries and private burial grounds that do not have public ingress or egress. The bill preserves the general right of a person to enter surrounding land to visit such a cemetery, but it clarifies and expands the access rules by specifying that access must be allowed between 8 a.m. and 5 p.m. every day of the year. It also keeps the ability of the surrounding landowner to designate the route of reasonable ingress and egress.
Under current law, access is generally allowed at reasonable hours, with the landowner determining those hours. HB 1970 replaces that open-ended standard with a fixed daily access window, while still limiting entry to purposes usually associated with cemetery visits. The bill takes effect September 1, 2025.
Impact
The bill would amend Section 711.041 of the Health and Safety Code, changing the legal obligations of landowners whose property surrounds cemeteries or private burial grounds lacking public access. It would create a clearer statutory right of access for visitors and a corresponding duty for landowners to permit entry and exit during specified hours, rather than leaving the timing entirely to the landowner's discretion. The affected parties are cemetery visitors, private landowners, and owners of burial grounds without public roads or entrances.
Sentiment
The available record shows no committee transcript, recorded votes, or formal opposition in the provided materials, so the overall sentiment appears neutral to supportive based on the bill’s straightforward access purpose. The bill’s placement on the General State Calendar suggests it advanced through the House process without documented controversy in the materials provided. The framing of the bill as a cemetery-access measure indicates a practical, limited-scope proposal rather than a broad policy dispute.
Contention
The main point of potential contention is the balance between private property rights and public access to cemeteries. Landowners may view the bill as reducing their discretion by mandating access during fixed hours every day, while supporters would likely emphasize the importance of preserving family, historical, and religious access to burial sites. Another possible issue is whether the fixed 8 a.m. to 5 p.m. window is sufficiently flexible for landowners and visitors, but no specific objections are documented in the provided materials.