SRC-CDH S.B. 973 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 973
By: Barrientos
Administration
3-21-97
As Filed


DIGEST 

Currently, the State Cemetery is under the control of the General Services
Commission.  Burial in the cemetery is limited to persons specified by
law.  The limited space in the cemetery has created the need for an annex
facility.  This legislation creates a State Cemetery Committee to oversee
the cemetery and determine which outstanding Texans are to be interred in
the state cemetery.  In addition, S.B. 973 transfers 50 acres to serve as
a cemetery annex and allows the State Cemetery Committee to acquire land
to expand the original site.   

PURPOSE

As proposed, S.B. 973 creates a State Cemetery Committee and establishes
other provisions regarding the State Cemetery. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the State Cemetery Committee in
SECTIONS 1 and 2 (Sections 2165.256(i) and 2165.2561(m), Government Code)
of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2165.256, Government Code, by conforming to
Section 1, Chapter 264, Acts of the 74th Legislature, 1995, to require the
State Cemetery Committee to oversee all operations of the State Cemetery,
rather than requiring the General Services Commission (GSC) to control,
manage, beautify, preserve, and protect the State Cemetery property and
grounds.  Dedicates certain property, in addition to the property
described as Lot No. 5, Division B, City of Austin, Travis County, Texas,
for cemetery purposes as part of the State Cemetery.  Provides that
persons eligible for burial in the State Cemetery include, among others, a
former state official or a state official who dies in office who has been
appointed by the governor and confirmed by the senate and who served at
least 12 years in office; a person specified by a governor's proclamation
or concurrent resolution subject to review and approval by the committee;
and a person specified by order of the committee.  Requires the committee
to review proclamations and resolutions.  Sets forth the terms by which a
person is eligible for burial in the State Cemetery, and by which the
committee is authorized, by order, to authorize a burial.  Prohibits a
grave plot from being longer than a certain width.  Requires the committee
to adopt rules regulating the monuments erected in the State Cemetery.
Deletes the provisions regarding the height of monuments or statues.
Requires the committee to consider certain persons for burial and
reinterment in the State Cemetery.  Sets forth other committee
responsibilities.   

SECTION 2. Amends Chapter 2165F, Government Code, by adding Section
2165.2561, as follows: 

Sec. 2165.2561.  STATE CEMETERY COMMITTEE.  Sets forth the composition of
the State Cemetery Committee.  Establishes the conditions regarding
designation of the presiding officer, appointment of members, member
terms, filling of vacancies, and compensation  and reimbursement of
members.  Provides that the advisory members of the committee serve at the
will of the appointing authority.  Sets forth the terms under which a
person is not eligible for appointment to the committee, and by which a
person is prohibited from serving as a member of the committee.  Provides
that the committee is subject to Chapter 325 (Texas Sunset Act), and
unless continued in existence as provided by that chapter, will be
abolished  and this section expires September 1, 2009.  Requires GSC to
spend certain money at the direction of the committee.  Authorizes funds
appropriated to GSC to be transferred at the direction of the committee
for the performance of an act related to the State Cemetery. Authorizes
the committee to adopt rules as necessary for the administration of the
State Cemetery.   

SECTION 3. (a)  Provides that in addition to the substantive changes made
by this Act, this Act conforms Section 2165.256, Government Code, to
Section 1, Chapter 264, Acts of the 74th Legislature, 1995. 

(b)  Repealer:  Section 1, Chapter 264, Acts of the 74th Legislature,
1995.   

(c)  Provides that to the extent of any conflict, this Act prevails over
another Act of the 75th Legislature, Regular Session, 1997, relating to
nonsubstantive additions to and corrections in enacted codes. 

SECTION 4. Sets forth the procedures regarding initial gubernatorial
appointments to the committee.  Provides that until a majority of the
persons appointed by the governor under this section assume their
positions,  the operation of the State Cemetery continues to be governed
by the law as it existed immediately before the effective date of this
Act, and prior law is continued in effect for that purpose. 

SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Emergency clause.