75R11510 MCK-D                           

         By Hunter, Wise                                        H.B. No. 840

         Substitute the following for H.B. No. 840:

         By Hunter                                          C.S.H.B. No. 840

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the State Cemetery.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 2165.256, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 2165.256.  STATE CEMETERY AND OTHER BURIAL GROUNDS.

 1-7     (a)  The Texas Historical Commission [commission] shall oversee all

 1-8     operations of the State Cemetery[:]

 1-9                 [(1)  control, manage, and beautify the grounds of the

1-10     State Cemetery;]

1-11                 [(2)  preserve the grounds of the cemetery and related

1-12     property; and]

1-13                 [(3)  protect the property from depreciation and

1-14     injury].

1-15           (b)  In addition to the property described as Lot No. 5,

1-16     Division B, City of Austin, Travis County, Texas, the following

1-17     property is dedicated for cemetery purposes as part of the State

1-18     Cemetery:  BEING APPROXIMATELY 50.00 ACRES OF LAND OUT OF AND A

1-19     PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND.  75.688 RECORD

1-20     ACRES OF LAND OUT OF THE GEORGE W. SPEAR SURVEY IN THE CITY OF

1-21     AUSTIN, TRAVIS COUNTY, TEXAS, DESCRIBED BY DEED TO THE STATE OF

1-22     TEXAS AS RECORDED IN VOLUME 76, PAGE 225, OF THE DEED RECORDS OF

1-23     TRAVIS COUNTY, TEXAS, SAID 75.688 ACRE TRACT OF LAND BEING MORE

1-24     PARTICULARLY DESCRIBED AS FOLLOWS:

 2-1                 (1)  Bounded on the west by Bull Creek Road.

 2-2                 (2)  Bounded on the north by the following subdivisions

 2-3     in the City of Austin, Texas,

 2-4                       (A)  Shoal Village Section 2, as recorded in Plat

 2-5     Book 5, Page 150 of the Plat Records of Travis County, Texas,

 2-6                       (B)  Shoal Village Section 3, as recorded in Plat

 2-7     Book 6, Page 71, of the Plat Records of Travis County, Texas,

 2-8                       (C)  Shoal Village Section 5, as recorded in Plat

 2-9     Book 6, Page 72, of the Plat Records of Travis County, Texas,

2-10                       (D)  Shoal Village Section 6, as recorded in Plat

2-11     Book 7, Page 7, of the Plat Records of Travis County, Texas,

2-12                       (E)  Shoal Village Section 7, as recorded in Plat

2-13     Book 14, Page 80 of the Plat Records of Travis County, Texas,

2-14                       (F)  Oak Haven Section 3, as recorded in Plat

2-15     Book 11, Page 40, of the Plat Records of Travis County, Texas.

2-16                 (3)  Bounded on the east by the centerline of Shoal

2-17     Creek,

2-18                 (4)  Bounded along the south by Ridgelea, a subdivision

2-19     of record in the City of Austin, Texas, as recorded in Plat Book 4,

2-20     Page 258 of the Plat Records of Travis County, Texas.

2-21           (c)  The historical commission shall procure and erect at the

2-22     head of each grave that does not have a permanent monument a marble

2-23     obelisk on which shall be engraved the name of the dead buried in

2-24     the grave.

2-25           (d) [(c)]  Persons eligible for burial in the State Cemetery

2-26     are:

2-27                 (1)  a former member of the legislature or a member who

 3-1     dies in office;

 3-2                 (2)  a former elective state official or an elective

 3-3     state official who dies in office;

 3-4                 (3)  a former state official or a state official who

 3-5     dies in office who has been appointed by the governor and confirmed

 3-6     by the senate and who served at least 12 years in the office to

 3-7     which appointed;

 3-8                 (4)  a person specified by a governor's proclamation;

 3-9     [and]

3-10                 (5)  a person specified by a concurrent resolution

3-11     adopted by the legislature; and

3-12                 (6)  a person specified by order of the historical

3-13     commission under Subsection (e).

3-14           (e)  The historical commission may by order authorize a

3-15     burial under Subsection (d)(6) only during a period in which the

3-16     legislature is not convened in regular or special session and only

3-17     if the historical commission finds that the person made a

3-18     significant contribution to Texas history.

3-19           (f) [(d)]  Grave spaces are allotted for:

3-20                 (1)  a person eligible for burial under Subsection (d)

3-21     [(c)];

3-22                 (2)  the person's spouse; and

3-23                 (3)  the person's unmarried child, if the child, on

3-24     September 1, 1979, or at the time of the child's death, is a

3-25     resident in a state [eleemosynary] institution.

3-26           (g) [(e)]  A child eligible for burial under Subsection (f) 

3-27     [(d)](3) must be buried alongside the child's parent or parents.

 4-1           (h) [(f)]  A grave plot may not be longer than eight feet nor

 4-2     wider than three [five] feet times the number of persons of one

 4-3     family authorized to be buried alongside one another.

 4-4           (i) [(g)]  The historical commission shall adopt rules

 4-5     regulating the monuments erected in the State Cemetery [A monument

 4-6     or statue may not be erected that is taller than a monument or

 4-7     statue that existed in the State Cemetery on September 1, 1979].

 4-8           (j) [(h)]  A tree, shrub, or flower may not be planted in the

 4-9     State Cemetery without the historical commission's written

4-10     permission.

4-11           (k) [(i)]  A person may be buried on state property only in

4-12     the State Cemetery or in a cemetery maintained by a state

4-13     [eleemosynary] institution.  Other state property, including the

4-14     State Capitol grounds, may not be used as a burial site.

4-15           (l) [(j)]  The historical commission shall allot and locate

4-16     the necessary number of grave plots authorized on application made

4-17     by:

4-18                 (1)  the person primarily eligible for burial under

4-19     Subsection (d)  [(c)];

4-20                 (2)  the person's spouse; or

4-21                 (3)  the executor or administrator of the person's

4-22     estate.

4-23           (m)  The historical commission shall consider for burial in

4-24     the State Cemetery persons who have made significant contributions

4-25     to Texas history and culture in the following fields:  air and

4-26     space, agriculture, art and design, business and labor, city

4-27     building, education, industry, justice, oil and gas, performing

 5-1     arts, philanthropy, ranching, religion, science and medicine,

 5-2     sports, and writing.

 5-3           (n)  The historical commission shall consider for reinterment

 5-4     in the State Cemetery persons from the following eras:  Spanish

 5-5     exploration and colonization, Mexican, Texas revolution, republic

 5-6     and statehood, Civil War and Reconstruction, frontier, Gilded Age,

 5-7     progressive, Great Depression and World War II, postwar, and

 5-8     modern.

 5-9           (o)  The historical commission shall designate different

5-10     areas of the cemetery for burial of persons from the fields

5-11     described in Subsection (m).

5-12           (p)  The historical commission shall develop plans for

5-13     obtaining land adjacent to the State Cemetery for expansion of the

5-14     cemetery.

5-15           (q)  The historical commission shall actively pursue plot

5-16     reservations from persons eligible for burial in the State

5-17     Cemetery.

5-18           (r)  The historical commission shall encourage members of the

5-19     legislature to advise constituents who are eligible for burial in

5-20     the State Cemetery.

5-21           (s)  At the direction of the historical commission, the

5-22     General Services Commission or Parks and Wildlife Department shall

5-23     spend money appropriated to or budgeted by the agency for State

5-24     Cemetery purposes.

5-25           (t)  Funds appropriated to the General Services Commission or

5-26     Parks and Wildlife Department may be transferred by interagency

5-27     contract to perform, at the direction of the historical commission,

 6-1     an act related to the State Cemetery.

 6-2           (u)  The historical commission may adopt rules as necessary

 6-3     for the administration of the State Cemetery.

 6-4           SECTION 2.  (a)  In addition to the substantive changes made

 6-5     by this Act, this Act conforms Section 2165.256, Government Code,

 6-6     to Section 1, Chapter 264, Acts of the 74th Legislature, Regular

 6-7     Session, 1995.

 6-8           (b)  Section 1, Chapter 264, Acts of the 74th Legislature,

 6-9     Regular Session, 1995, is repealed.

6-10           (c)  To the extent of any conflict, this Act prevails over

6-11     another Act of the 75th Legislature, Regular Session, 1997,

6-12     relating to nonsubstantive additions to and corrections in enacted

6-13     codes.

6-14           SECTION 3.  This Act takes effect September 1, 1997.

6-15           SECTION 4.  The importance of this legislation and the

6-16     crowded condition of the calendars in both houses create an

6-17     emergency and an imperative public necessity that the

6-18     constitutional rule requiring bills to be read on three several

6-19     days in each house be suspended, and this rule is hereby suspended.