HBA-CMT, CBW H.B. 310 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 310
By: Flores
State, Federal& International Relations
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the U.S. Department of Veterans Affairs is financing 100 percent
of the development costs of veterans cemeteries that are state owned and
operated.  However, it will take state dollars to provide funding for the
acquisition of land and for the care of the cemeteries once they are
established.  House Bill 310 creates Texas Veterans Cemetery System,
establishes seven state veteran cemeteries spread geographically across the
state, and authorizes funds to be appropriated for the maintenance of these
veteran cemeteries. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Veterans' Land Board in SECTION 1
(Section 161.075, Natural Resources Code) of this bill. 

ANALYSIS

House Bill 310 amends the Natural Resources Code to require the Veterans'
Land Board  (board) to create the Texas Veterans Cemetery System (system),
to the extent that funds are available from the United States Department of
Veterans Affairs. The bill requires the board to oversee the entire
operation of the system and  to select and dedicate cemetery property for
the system  in seven locations spread geographically across the state. The
bill requires the board to submit all plans, programs, and materials
relating to the interpretation of historical features of the system to the
Texas Historical Commission (commission) for its review and approval.  The
bill authorizes the commission to provide staff support for activities
interpreting the historical features of the system. 

At the direction of the board,  the bill requires the General Land Office
(GLO) to spend money appropriated to or budgeted by GLO for the purposes of
the system. The bill requires that activities relating to the maintenance
of system grounds and monuments conform to the guidelines for historic
preservation submitted to the board by the commission.  The bill authorizes
funds appropriated to GLO to be transferred by interagency contract for the
performance, at the direction of the board, of an activity related to the
system. 

The bill authorizes the board to accept a gift, grant, or bequest of money,
securities, services, or property to carry out a purpose of the board
related  to the system.  The bill authorizes to the board to participate in
the establishment  and  operation of an affiliated nonprofit organization
whose purpose is to raise funds for or provide services or other benefits
to the board for the purpose of the system and authorizes the board to
contract with the nonprofit organization. The bill requires the board to
adopt rules regulating eligibility for the burial in a system cemetery, and
the size and number of grave plots in the system cemeteries, and the
erection of monuments in system cemeteries. 
The bill also authorizes the board to adopt other rules for the
administration of the system. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.