75R13803 MCK-D
By Barrientos S.B. No. 973
Substitute the following for S.B. No. 973:
By Hunter C.S.S.B. No. 973
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the State Cemetery and the creation of the State
1-3 Cemetery Committee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2165.256, Government Code, is amended to
1-6 conform to Section 1, Chapter 264, Acts of the 74th Legislature,
1-7 1995, and further amended to read as follows:
1-8 Sec. 2165.256. STATE CEMETERY AND OTHER BURIAL GROUNDS.
1-9 (a) The State Cemetery Committee [commission] shall oversee all
1-10 operations of the State Cemetery[:]
1-11 [(1) control, manage, and beautify the grounds of the
1-12 State Cemetery;]
1-13 [(2) preserve the grounds of the cemetery and related
1-14 property; and]
1-15 [(3) protect the property from depreciation and
1-16 injury].
1-17 (b) In addition to the property described as Lot No. 5,
1-18 Division B, City of Austin, Travis County, Texas, the following
1-19 property is dedicated for cemetery purposes as part of the State
1-20 Cemetery: BEING APPROXIMATELY 50.00 ACRES OF LAND OUT OF AND A
1-21 PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND. 75.688 RECORD
1-22 ACRES OF LAND OUT OF THE GEORGE W. SPEAR SURVEY IN THE CITY OF
1-23 AUSTIN, TRAVIS COUNTY, TEXAS, DESCRIBED BY DEED TO THE STATE OF
1-24 TEXAS AS RECORDED IN VOLUME 76, PAGE 225, OF THE DEED RECORDS OF
2-1 TRAVIS COUNTY, TEXAS, SAID 75.688 ACRE TRACT OF LAND BEING MORE
2-2 PARTICULARLY DESCRIBED AS FOLLOWS:
2-3 (1) bounded on the west by Bull Creek Road;
2-4 (2) bounded on the north by the following subdivisions
2-5 in the City of Austin, Texas:
2-6 (A) Shoal Village Section 2, as recorded in Plat
2-7 Book 5, Page 150, of the Plat Records of Travis County, Texas;
2-8 (B) Shoal Village Section 3, as recorded in Plat
2-9 Book 6, Page 71, of the Plat Records of Travis County, Texas;
2-10 (C) Shoal Village Section 5, as recorded in Plat
2-11 Book 6, Page 72, of the Plat Records of Travis County, Texas;
2-12 (D) Shoal Village Section 6, as recorded in Plat
2-13 Book 7, Page 7, of the Plat Records of Travis County, Texas;
2-14 (E) Shoal Village Section 7, as recorded in Plat
2-15 Book 14, Page 80, of the Plat Records of Travis County, Texas; and
2-16 (F) Oak Haven Section 3, as recorded in Plat
2-17 Book 11, Page 40, of the Plat Records of Travis County, Texas;
2-18 (3) bounded on the east by the centerline of Shoal
2-19 Creek; and
2-20 (4) bounded along the south by Ridgelea, a subdivision
2-21 of record in the City of Austin, Texas, as recorded in Plat Book 4,
2-22 Page 258, of the Plat Records of Travis County, Texas.
2-23 (c) The committee [commission] shall procure and erect at
2-24 the head of each grave that does not have a permanent monument a
2-25 marble obelisk on which shall be engraved the name of the dead
2-26 buried in the grave.
2-27 (d) [(c)] Persons eligible for burial in the State Cemetery
3-1 are:
3-2 (1) a former member of the legislature or a member who
3-3 dies in office;
3-4 (2) a former elective state official or an elective
3-5 state official who dies in office;
3-6 (3) a former state official or a state official who
3-7 dies in office who has been appointed by the governor and confirmed
3-8 by the senate and who served at least 12 years in the office to
3-9 which appointed;
3-10 (4) a person specified by a governor's proclamation,
3-11 subject to review and approval by the committee under Subsection
3-12 (e); [and]
3-13 (5) a person specified by a concurrent resolution
3-14 adopted by the legislature, subject to review and approval by the
3-15 committee under Subsection (e); and
3-16 (6) a person specified by order of the committee under
3-17 Subsection (e).
3-18 (e) The committee shall review proclamations under
3-19 Subsection (d)(4) and resolutions under Subsection (d)(5). A
3-20 person specified in a proclamation or resolution is eligible for
3-21 burial in the State Cemetery only if the committee, following its
3-22 review, finds that the person specified made a significant
3-23 contribution to Texas history and only if, based on that finding,
3-24 the committee approves the person's burial in the cemetery. The
3-25 committee may by order authorize a burial under Subsection (d)(6)
3-26 only during a period in which the legislature is not convened in
3-27 regular or special session and only if the committee finds that the
4-1 person made a significant contribution to Texas history.
4-2 (f) [(d)] Grave spaces are allotted for:
4-3 (1) a person eligible for burial under Subsection (d)
4-4 [(c)];
4-5 (2) the person's spouse; and
4-6 (3) the person's unmarried child, if the child, on
4-7 September 1, 1979, or at the time of the child's death, is a
4-8 resident in a state eleemosynary institution.
4-9 (g) [(e)] A child eligible for burial under Subsection
4-10 (f)(3)[(d)(3)] must be buried alongside the child's parent or
4-11 parents.
4-12 (h) [(f)] A grave plot may not be longer than eight feet nor
4-13 wider than three [five] feet times the number of persons of one
4-14 family authorized to be buried alongside one another.
4-15 (i) The committee shall adopt rules regulating the monuments
4-16 erected in the State Cemetery [(g) A monument or statue may not be
4-17 erected that is taller than a monument or statue that existed in
4-18 the State Cemetery on September 1, 1979].
4-19 (j) [(h)] A tree, shrub, or flower may not be planted in the
4-20 State Cemetery without the committee's [commission's] written
4-21 permission.
4-22 (k) [(i)] A person may be buried on state property only in
4-23 the State Cemetery or in a cemetery maintained by a state
4-24 eleemosynary institution. Other state property, including the
4-25 State Capitol grounds, may not be used as a burial site.
4-26 (l) [(j)] The committee [commission] shall allot and locate
4-27 the necessary number of grave plots authorized on application made
5-1 by:
5-2 (1) the person primarily eligible for burial under
5-3 Subsection (d) [(c)];
5-4 (2) the person's spouse; or
5-5 (3) the executor or administrator of the person's
5-6 estate.
5-7 (m) The committee shall consider for burial in the State
5-8 Cemetery persons who have made significant contributions to Texas
5-9 history and culture in the following fields: air and space,
5-10 agriculture, art and design, business and labor, city building,
5-11 education, industry, justice, military affairs, law enforcement,
5-12 oil and gas, performing arts, philanthropy, ranching, religion,
5-13 science and medicine, sports, and writing.
5-14 (n) The committee shall consider for reinterment in the
5-15 State Cemetery persons from the following eras: Spanish
5-16 exploration and colonization, Mexican, Texas revolution, republic
5-17 and statehood, Civil War and Reconstruction, frontier, Gilded Age,
5-18 progressive, Great Depression and World War II, postwar, and
5-19 modern.
5-20 (o) The committee shall designate different areas of the
5-21 cemetery for burial of persons from the fields described in
5-22 Subsection (m).
5-23 (p) The committee shall develop plans for obtaining land
5-24 adjacent to the State Cemetery for expansion of the cemetery.
5-25 (q) The committee shall actively pursue plot reservations
5-26 from persons eligible for burial in the State Cemetery.
5-27 (r) The committee shall encourage members of the legislature
6-1 to advise constituents who are eligible for burial in the State
6-2 Cemetery.
6-3 (s) The committee may accept a gift, grant, or bequest of
6-4 money, securities, services, or property to carry out any purpose
6-5 of the committee, including funds raised or services provided by a
6-6 volunteer or volunteer group to promote the work of the committee.
6-7 The committee may participate in the establishment and operation of
6-8 an affiliated nonprofit organization whose purpose is to raise
6-9 funds for or provide services or other benefits to the committee,
6-10 and the committee may contract with such an organization for the
6-11 performance of such activities.
6-12 SECTION 2. Subchapter F, Chapter 2165, Government Code, is
6-13 amended by adding Section 2165.2561 to read as follows:
6-14 Sec. 2165.2561. STATE CEMETERY COMMITTEE. (a) The State
6-15 Cemetery Committee is composed of:
6-16 (1) three voting members appointed as follows:
6-17 (A) one member of the general public appointed
6-18 by the governor;
6-19 (B) one member of the general public appointed
6-20 by the governor from a list submitted by the lieutenant governor;
6-21 and
6-22 (C) one member of the general public appointed
6-23 by the governor from a list submitted by the speaker of the house
6-24 of representatives; and
6-25 (2) three nonvoting advisory members appointed as
6-26 follows:
6-27 (A) one employee of the Texas Historical
7-1 Commission appointed by the executive director of the Texas
7-2 Historical Commission;
7-3 (B) one employee of the General Services
7-4 Commission appointed by the executive director of the General
7-5 Services Commission; and
7-6 (C) one employee of the Parks and Wildlife
7-7 Department appointed by the executive director of the Parks and
7-8 Wildlife Department.
7-9 (b) The governor shall designate the presiding officer of
7-10 the committee from among its members, and the presiding officer
7-11 shall serve in that capacity for two years.
7-12 (c) The members of the committee appointed by the governor
7-13 are appointed for staggered terms of six years with one member's
7-14 term expiring February 1 of each odd-numbered year. The advisory
7-15 members of the committee serve at the will of the appointing
7-16 authority.
7-17 (d) Appointments to the committee shall be made without
7-18 regard to the race, color, disability, sex, religion, age, or
7-19 national origin of the appointees.
7-20 (e) A vacancy on the committee is filled by the appointing
7-21 authority in the same manner as the original appointment.
7-22 (f) An employee member vacates the member's position on the
7-23 committee if the member ceases to be an employee of the appointing
7-24 agency.
7-25 (g) A person is not eligible for appointment to the
7-26 committee by the governor if the person or the person's spouse:
7-27 (1) is employed by or participates in the management
8-1 of a business entity or other organization receiving funds from the
8-2 committee;
8-3 (2) owns or controls, directly or indirectly, more
8-4 than a 10 percent interest in a business entity or other
8-5 organization receiving funds from the committee; or
8-6 (3) uses or receives a substantial amount of tangible
8-7 goods, services, or funds from the committee, other than
8-8 compensation or reimbursement authorized by law for committee
8-9 membership, attendance, or expenses.
8-10 (h) A person may not serve as a member of the committee if
8-11 the person is required to be registered as a lobbyist under Chapter
8-12 305 because of the person's activities for compensation on behalf
8-13 of a profession related to the operation of the State Cemetery.
8-14 (i) A public member of the committee is not entitled to
8-15 compensation but is entitled to reimbursement, from committee
8-16 funds, for the travel expenses incurred by the member while
8-17 conducting the business of the committee, as provided in the
8-18 General Appropriations Act. The entitlement of an employee member
8-19 to compensation or reimbursement for travel expenses is governed by
8-20 the law applying to the person's service in that underlying
8-21 position, and any payments to the person shall be made from the
8-22 appropriate funds of the employing agency.
8-23 (j) All plans, programs, and materials relating to
8-24 historical interpretation of the State Cemetery shall be submitted
8-25 to the Texas Historical Commission for its review and approval.
8-26 The Texas Historical Commission may provide staff support for
8-27 activities interpreting the historical features of the State
9-1 Cemetery.
9-2 (k) At the direction of the committee, the General Services
9-3 Commission shall spend money appropriated to or budgeted by the
9-4 General Services Commission for State Cemetery purposes.
9-5 Activities relating to maintenance of the State Cemetery grounds
9-6 and monuments shall conform to guidelines for historic preservation
9-7 submitted to the committee by the Texas Historical Commission.
9-8 (l) Funds appropriated to the General Services Commission
9-9 may be transferred by interagency contract for the performance of,
9-10 at the direction of the committee, an act related to the State
9-11 Cemetery.
9-12 (m) The committee may adopt rules as necessary for the
9-13 administration of the State Cemetery.
9-14 SECTION 3. (a) In addition to the substantive changes made
9-15 by this Act, this Act conforms Section 2165.256, Government Code,
9-16 to Section 1, Chapter 264, Acts of the 74th Legislature, 1995.
9-17 (b) Section 1, Chapter 264, Acts of the 74th Legislature,
9-18 1995, is repealed.
9-19 (c) To the extent of any conflict, this Act prevails over
9-20 another Act of the 75th Legislature, Regular Session, 1997,
9-21 relating to nonsubstantive additions to and corrections in enacted
9-22 codes.
9-23 SECTION 4. (a) The initial gubernatorial appointments to
9-24 the State Cemetery Committee shall be made so that one member is
9-25 appointed to a term expiring February 1, 1999, one member to a term
9-26 expiring February 1, 2001, and one member to a term expiring
9-27 February 1, 2003.
10-1 (b) Until a majority of the persons appointed by the
10-2 governor under this section assume their positions, the operation
10-3 of the State Cemetery continues to be governed by the law as it
10-4 existed immediately before the effective date of this Act, and the
10-5 prior law is continued in effect for that purpose.
10-6 SECTION 5. This Act takes effect September 1, 1997.
10-7 SECTION 6. The importance of this legislation and the
10-8 crowded condition of the calendars in both houses create an
10-9 emergency and an imperative public necessity that the
10-10 constitutional rule requiring bills to be read on three several
10-11 days in each house be suspended, and this rule is hereby suspended.