On Sept. 1 of this year, a lot of new changes in Texas cemetery laws went into effect. For the past two weeks I have written about some of the new changes. Today’s article will be a continuation about other changes.

Under Section 711.041:

I mentioned earlier about the rights for anyone who wants to visit a cemetery or private burial grounds for which no public ingress and or egress is available shall have, for the purposes usually associated with cemetery visits and during reasonable hours, the right to reasonable ingress and egress for the purpose of visiting the cemetery or private burial grounds.

The term “reasonable hours” as used in Section 711.041 (a), a Texas Health and Safety Code, means 8 a.m. to 5 p.m. on any day of the week. It is provided, however, that the hours during the day and the days of the week during which ingress and egress shall be allowed may be more particularly circumscribed by an agreement reached or an order entered pursuant to subsection (i)-(n) of this section.

The phrase “purposes usually associated with cemetery visits” as used in Section 711.041 (a), Texas Health and Safety Code, means a visit by any person or group of persons for the purpose of interring a person or persons in a cemetery or private burial grounds or for the purpose of paying respect to a person or persons interred in a cemetery or private burial grounds.

The use by the Texas Legislature of the word “reasonable” in the phrase” designate the routes of reasonable ingress and egress” as set out in Section 711.041 (b), Texas Health and Safety Code, means:

(1) that an “owner or owners of land surrounding the cemetery or private burial grounds” may not designate a route or routes of ingress or egress that discourages visits to a cemetery or private burial grounds during “reasonable hours” for the “purposes usually associated with cemetery visits” as defined in subsection (d) and (e) of this section and

(2) that an owner or owners of lands surrounding a cemetery or private burial grounds may not thwart the right of ingress and egress guaranteed by Section 711.041, Texas Health and Safety Code, by the imposition of liability insurance or other indemnification requirements that render impractical or impossible visits during” reasonable hours” for the “purposes usually associated with cemetery visits” as defined in subsections (d) and (e) of this section.

(h) Within the framework provided by subsections (d)-(g) of this section, persons or entities that are interested in establishing a visitation schedule and a route or routes of reasonable ingress and egress with respect to a particular cemetery or private burial grounds shall make contact and negotiate with each owner or owners of lands that surround the cemetery or private burial grounds for the purpose of agreeing to and reducing to writing the visitation schedule and route or routes of reasonable ingress and egress to a cemetery or private burial grounds for which no public ingress or egress is available. The person or entities making contact with the owner or owners of land surrounding such a cemetery or private burial grounds shall inform the executive director of the commission that such contact is being initiated.

(i) If the parties reach agreement during the negotiations prescribed by subsection (h) of this section, the persons or entities making contact with the owner or owners of lands shall file a written agreement signed by all parties with the executive director of the commission.

(j) If the parties cannot reach agreement during the negotiations prescribed by subsection (h) of this section, any party to the negotiations may request of the executive director of the commission that the dispute be mediated pursuant to the commission’s alternate dispute resolution policy and procedure as set out in Section 207.1 of this title (relating to Alternating Dispute Resolution Policy and Procedure).

(k) If the mediation is successful, the mediated agreement shall be reduced to writing and filed with the executive director of the commission.

(l) If the mediation is not successful, the executive director shall purpose to the commission the adoption of an order setting out a reasonable schedule and a route or routes of reasonable ingress to the cemetery or private burial grounds for which no public ingress or egress is available.

(m) Notice and copy of the proposed order will be sent by certified mail to all interested parties no less than 30 days prior to the commission meeting at which the adoption of an order will be considered. At the meeting at which the adoption of an order will be considered, each affected party will be given an opportunity to offer testimony with respect to the proposed order. Subject to expansion by the commission on the day of the meeting, time limits on testimony shall be set by the executive director to the notice accompanying a copy of the proposed order.

(n) After consideration of the proposed order and any testimony taken, the commission may adopt the order as proposed, may adopt the order with changes, or may defer action to a future meeting. An order adopted by the commission under this section is final as of the date of the Commission’s adoption of the order, as proposed or with changes, at a meeting. A copy of the Commission’s final order will be sent to the parties by certified mail.

Next week: Cemetery laws set under the guidance of the Texas Historical Commission