1-1  By:  Armbrister                                         S.B. No. 21
    1-2        (In the Senate - Filed April 21, 1995; April 21, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 25, 1995, reported favorably by the following vote:  Yeas 12,
    1-5  Nays 0; April 25, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the State Cemetery.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 4.10, State Purchasing and General
   1-11  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   1-12  amended by amending Subsections (b) and (c) and by adding
   1-13  Subsections (a-1) and (b-1) to read as follows:
   1-14        (a-1)  In addition to the property described as Lot No. 5,
   1-15  Division B, City of Austin, Travis County, Texas, the following
   1-16  property is dedicated for cemetery purposes as part of the State
   1-17  Cemetery:
   1-18  BEING APPROXIMATELY 50.00 ACRES OF LAND OUT OF AND A PORTION OF THE
   1-19  FOLLOWING DESCRIBED TRACT OF LAND.  75.688 RECORD ACRES OF LAND OUT
   1-20  OF THE GEORGE W. SPEAR SURVEY IN THE CITY OF AUSTIN, TRAVIS COUNTY,
   1-21  TEXAS, DESCRIBED BY DEED TO THE STATE OF TEXAS AS RECORDED IN
   1-22  VOLUME 76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS,
   1-23  SAID 75.688 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
   1-24  FOLLOWS:
   1-25        1)  Bounded on the west by Bull Creek Road.
   1-26        2)  Bounded on the north by the following subdivisions in the
   1-27  City of Austin, Texas,
   1-28              A)  Shoal Village Section 2, as recorded in Plat Book
   1-29  5, Page 150 of the Plat Records of Travis County, Texas,
   1-30              B)  Shoal Village Section 3, as recorded in Plat Book
   1-31  6, Page 71, of the Plat Records of Travis County, Texas,
   1-32              C)  Shoal Village Section 5, as recorded in Plat Book
   1-33  6, Page 72, of the Plat Records of Travis County, Texas,
   1-34              D)  Shoal Village Section 6, as recorded in Plat Book
   1-35  7, Page 7, of the Plat Records of Travis County, Texas,
   1-36              E)  Shoal Village Section 7, as recorded in Plat Book
   1-37  14, Page 80 of the Plat Records of Travis County, Texas,
   1-38              F)  Oak Haven Section 3, as recorded in Plat Book 11,
   1-39  Page 40, of the Plat Records of Travis County, Texas.
   1-40        3)  Bounded on the east by the centerline of Shoal Creek,
   1-41        4)  Bounded along the south by Ridgelea, a subdivision of
   1-42  record in the City of Austin, Texas, as recorded in Plat Book 4,
   1-43  Page 258 of the Plat Records of Travis County, Texas.
   1-44        (b)  The persons eligible for burial in the State Cemetery
   1-45  are as follows:
   1-46              (1)  present and former members of the Texas
   1-47  Legislature;
   1-48              (2)  present and former elective state officials;
   1-49              (3)  present and former state officials who have been
   1-50  appointed by the governor and confirmed by the senate and who have
   1-51  served at least 12 years in the office to which appointed;
   1-52              (4)  persons specified by a governor's proclamation,
   1-53  subject to review and approval by the Texas Historical Commission
   1-54  under Subsection (b-1) of this section; <and>
   1-55              (5)  persons specified in a concurrent resolution
   1-56  adopted by the legislature, subject to review and approval by the
   1-57  Texas Historical Commission under Subsection (b-1) of this section;
   1-58  and
   1-59              (6)  persons specified by order of the Texas Historical
   1-60  Commission under Subsection (b-1) of this section.
   1-61        (b-1)  The Texas Historical Commission shall review
   1-62  proclamations under Subsection (b)(4) of this section and
   1-63  resolutions under Subsection (b)(5) of this section.  A person
   1-64  specified in a proclamation or resolution is eligible for burial in
   1-65  the State Cemetery only if the commission, following its review,
   1-66  finds that the person specified made a significant contribution to
   1-67  Texas history and only if based on that finding the Texas
   1-68  Historical Commission approves the person's burial in the cemetery.
    2-1  The Texas Historical Commission may by order authorize a burial
    2-2  under Subsection (b)(6) of this section only during a period in
    2-3  which the legislature is not convened in regular or special session
    2-4  and only if the commission finds that the person made a significant
    2-5  contribution to Texas history.
    2-6        (c)  Grave spaces shall be allotted for a person eligible for
    2-7  burial and for his or her spouse, together with his or her
    2-8  unmarried child or children, which child or children shall be
    2-9  buried alongside his, her, or their parent or parents, provided
   2-10  that such child on the effective date of this Act or at the time of
   2-11  his or her death is a resident in any state eleemosynary
   2-12  institution. Children other than those hereinabove made eligible
   2-13  for burial may not be included.  The size of a grave plot may not
   2-14  be longer than eight feet nor wider than three <five> feet times
   2-15  the number of persons of one family authorized hereunder to be
   2-16  buried alongside one another.
   2-17        SECTION 2.  (a)  The Texas Historical Commission shall
   2-18  undertake a study of the persons eligible under law for burial in
   2-19  the State Cemetery and make recommendations to the 75th Legislature
   2-20  concerning the persons eligible.  The commission shall consider in
   2-21  particular whether persons who have made significant contributions
   2-22  to Texas history in the fields of business, literature, arts, or
   2-23  science should be included in the list of eligible persons.
   2-24        (b)  This section expires January 1, 1997.
   2-25        SECTION 3.  The change in law made by this Act to Subdivision
   2-26  (3), Subsection (b), Section 4.10, State Purchasing and General
   2-27  Services Act (Article 601b, Vernon's Texas Civil Statutes),
   2-28  concerning the eligibility for burial in the State Cemetery of
   2-29  present and former appointed state officials, does not apply to
   2-30  persons who were eligible before the effective date of this Act and
   2-31  who have made reservations for that purpose with the State
   2-32  Purchasing and General Services Commission.  Those persons remain
   2-33  eligible under the prior law, and the prior law is continued in
   2-34  effect for that purpose.
   2-35        SECTION 4.  The importance of this legislation and the
   2-36  crowded condition of the calendars in both houses create an
   2-37  emergency and an imperative public necessity that the
   2-38  constitutional rule requiring bills to be read on three several
   2-39  days in each house be suspended, and this rule is hereby suspended,
   2-40  and that this Act take effect and be in force from and after its
   2-41  passage, and it is so enacted.
   2-42                               * * * * *