BILL ANALYSIS S.B. 21 By: Armbrister State Affairs 04-25-95 Committee Report (Unamended) BACKGROUND Currently, Texans eligible for burial in the state cemetery must have been elected to state office, appointed and confirmed to a state board, approved by gubernatorial proclamation or accepted by a majority in both the Texas House and Senate. PURPOSE As proposed, S.B. 21 includes certain property to be dedicated for cemetary purposes as part of the state cemetery and certain persons among the persons eligible for burial in the state cemetery. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4.10, Article 601b, V.T.C.S. (State Purchasing and General Services Act), by amending Subsections (b) and (c) and by adding Subsections (a-1) and (b-1), as follows: (a-1) Sets forth the property, in addition to the property described as Lot No. 5, which is to be dedicated for cemetery purposes as part of the State Cemetery. (b) Sets forth the persons eligible for burial in the State Cemetery. (b-1) Requires the Texas Historical Commission (commission) to review proclamations under Subsection (b)(4) of this section and resolutions under Subsection (b)(5) of this section. Provides that a person specified in a proclamation or resolution is eligible for burial in the State Cemetery only if the commission, following its review, finds that the person specified made a significant contribution to Texas history and only if based on that finding the commission approves the person's burial in the cemetery. Authorizes the commission to, by order, authorize a burial under Subsection (b)(6) of this section only during a period in which the legislature is not convened in regular or special session and only if the commission finds that the person made a significant contribution to Texas history. (c) Prohibits the size of a grave plot from being longer than eight feet or wider than three feet, rather than five feet, times the number of persons of one family authorized hereunder to be buried alongside one another. SECTION 2. (a) Requires the commission to undertake a study of the persons eligible under law for burial in the State Cemetery and make recommendations to the 75th Legislature concerning the persons eligible. Requires the commission to consider in particular whether persons who have made significant contributions to Texas history in the fields of business, literature, arts, or science should be included in the list of eligible persons. (b) Provides that this section expires January 1, 1997. SECTION 3. Makes application of Section 4.10(b)(3), Article 601b, V.T.C.S., as added by this Act, prospective. SECTION 4. Emergency clause. Effective date: upon passage.