1-1 AN ACT
1-2 relating to the establishment and operation of veterans cemeteries.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 164.001(a), Natural Resources Code, is
1-5 amended to read as follows:
1-6 (a) The legislature declares that it is the policy of the
1-7 state to provide financial assistance to veterans of the state in
1-8 recognition of their service to this state and the United States
1-9 and to honor veterans with a final resting place and with lasting
1-10 memorials that commemorate their service.
1-11 SECTION 2. Section 164.002(a), Natural Resources Code, is
1-12 amended by amending Subdivision (7) and adding Subdivision (8) to
1-13 read as follows:
1-14 (7) "Veterans cemetery" means a burial ground operated
1-15 solely for the burial of veterans and their eligible relatives.
1-16 (8) "Veterans home" means a life care facility,
1-17 retirement home, retirement village, home for the aging, or other
1-18 facility that furnishes shelter, food, medical attention, nursing
1-19 services, medical services, social activities, or other personal
1-20 services or attention to veterans.
1-21 SECTION 3. Section 164.003, Natural Resources Code, is
1-22 amended to read as follows:
1-23 Sec. 164.003. FINANCIAL ASSISTANCE PROGRAMS. The board may
1-24 establish one or more programs for providing financial assistance
2-1 to veterans under this chapter. A program may be limited to the
2-2 purpose of purchasing land, selling land to veterans, making home
2-3 mortgage loans to veterans, or providing one or more veterans homes
2-4 or veterans cemeteries. To the extent a financial assistance
2-5 program is for the purpose of purchasing land or selling land to
2-6 veterans, the program shall be administered, to the extent
2-7 consistent with this chapter and otherwise deemed practicable and
2-8 desirable by the board, in accordance with the board's Veterans'
2-9 Land Program. To the extent a financial assistance program is for
2-10 the purpose of making home mortgage loans to veterans, the program
2-11 shall be administered, to the extent consistent with this chapter
2-12 and otherwise deemed practicable and desirable by the board, in
2-13 accordance with the board's Veterans' Housing Assistance Program.
2-14 SECTION 4. Section 164.004, Natural Resources Code, is
2-15 amended to read as follows:
2-16 Sec. 164.004. RULES. The board shall adopt rules providing
2-17 for the administration of its financial assistance programs
2-18 established under this chapter, including rules concerning:
2-19 (1) the purchasing of land and the selling of land to
2-20 veterans;
2-21 (2) the making of home mortgage loans to veterans;
2-22 (3) the use of insurance on land and homes as deemed
2-23 appropriate by the board, as further security for land sold or home
2-24 mortgage loans made;
2-25 (4) the criteria for approving lending institutions
2-26 participating in programs;
2-27 (5) the terms and conditions of a contract made with a
3-1 lending institution;
3-2 (6) the construction, acquisition, ownership,
3-3 operation, maintenance, enlargement, improvement, or furnishing or
3-4 equipping of veterans homes or veterans cemeteries; and
3-5 (7) other matters as the board deems appropriate.
3-6 SECTION 5. Section 164.005, Natural Resources Code, is
3-7 amended by amending Subsections (c) and (e) and adding Subsections
3-8 (f), (g), and (h) to read as follows:
3-9 (c) The board may enter into an agreement with any person
3-10 for the management or operation of all or part of a veterans home
3-11 or all or part of a veterans cemetery. The board may delegate to
3-12 the manager the authority to manage the veterans home or veterans
3-13 cemetery [center] and to employ and discharge employees.
3-14 (e) On terms and conditions acceptable to it, the board may
3-15 accept and administer gifts, grants, or donations for the support,
3-16 acquisition, construction, operation, enlargement, improvement,
3-17 furnishing, or equipping of veterans homes or veterans cemeteries
3-18 and may enter into agreements with a nonprofit corporation for the
3-19 solicitation, receipt, and disbursement of the gifts, grants, or
3-20 donations.
3-21 (f) The board, the chairman of the Texas Veterans
3-22 Commission, and two representatives of the veterans community
3-23 selected by the chairman of the Texas Veterans Commission shall:
3-24 (1) establish the guidelines for determining:
3-25 (A) the location and size of veterans
3-26 cemeteries; and
3-27 (B) the eligibility for burial in a veterans
4-1 cemetery; and
4-2 (2) select up to seven locations across the state for
4-3 veterans cemeteries.
4-4 (g) In administering any of the board's financial assistance
4-5 programs relating to veterans cemeteries, the board, or the board
4-6 in conjunction with other state or federal agencies, may plan and
4-7 design, operate, maintain, enlarge, or improve veterans cemeteries.
4-8 (h) Of the funds available in the veterans' land fund, the
4-9 veterans' housing assistance fund, and the veterans' housing
4-10 assistance fund II that may be used for veterans cemeteries, the
4-11 board may spend not more than $7 million each fiscal year to plan
4-12 and design, operate, maintain, enlarge, or improve veterans
4-13 cemeteries. The board may not use funds from the veterans' land
4-14 fund, the veterans' housing assistance fund, or the veterans'
4-15 housing assistance fund II to acquire land to be used for a
4-16 veterans cemetery.
4-17 SECTION 6. Section 164.011(b), Natural Resources Code, is
4-18 amended to read as follows:
4-19 (b) The board may by resolution provide for the
4-20 establishment, maintenance, and investment of additional funds into
4-21 which the board may deposit revenues from any financial assistance
4-22 program under this chapter that are not pledged to bonds, including
4-23 any gifts, grants, or donations accepted by the board for the
4-24 support, acquisition, construction, operation, enlargement,
4-25 improvement, furnishing, or equipping of veterans homes or veterans
4-26 cemeteries.
4-27 SECTION 7. This Act shall take effect on the date on which
5-1 the constitutional amendment proposed by H.J.R. No. 82, 77th
5-2 Legislature, Regular Session, 2001, or similar legislation takes
5-3 effect. If that amendment is not approved by the voters, this Act
5-4 shall have no effect. H.B. 310 will not require an appropriation
5-5 from the general revenue fund.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 310 was passed by the House on April
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 310 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 310 was passed by the Senate, with
amendments, on May 18, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor