77R8746 MCK-F
By Flores, Chavez, Hinojosa, Miller, H.B. No. 310
Gutierrez, et al.
Substitute the following for H.B. No. 310:
By Miller C.S.H.B. No. 310
A BILL TO BE ENTITLED
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 (b), (c), and (e) and adding
3-8 Subsections (f) and (g) to read as follows:
3-9 (b) In administering any of the board's financial assistance
3-10 programs relating to veterans homes or veterans cemeteries, the
3-11 board, or the board in conjunction with other state or federal
3-12 agencies, may acquire by purchase, gift, devise, lease, or a
3-13 combination of those methods, construct, operate, enlarge, improve,
3-14 furnish, or equip one or more veterans homes or veterans
3-15 cemeteries.
3-16 (c) The board may enter into an agreement with any person
3-17 for the management or operation of all or part of a veterans home
3-18 or all or part of a veterans cemetery. The board may delegate to
3-19 the manager the authority to manage the veterans home or veterans
3-20 cemetery [center] and to employ and discharge employees.
3-21 (e) On terms and conditions acceptable to it, the board may
3-22 accept and administer gifts, grants, or donations for the support,
3-23 acquisition, construction, operation, enlargement, improvement,
3-24 furnishing, or equipping of veterans homes or veterans cemeteries
3-25 and may enter into agreements with a nonprofit corporation for the
3-26 solicitation, receipt, and disbursement of the gifts, grants, or
3-27 donations.
4-1 (f) The board shall:
4-2 (1) establish the guidelines for determining:
4-3 (A) the location and size of veterans
4-4 cemeteries; and
4-5 (B) the eligibility for burial in a veterans
4-6 cemetery; and
4-7 (2) select up to seven locations across the state to
4-8 build veterans cemeteries.
4-9 (g) In developing the guidelines and selecting the locations
4-10 for veterans cemeteries under Subsection (f), the board shall
4-11 consult with the chairman of the Texas Veterans Commission and two
4-12 representatives of the veterans community selected by the chairman.
4-13 SECTION 6. Section 164.011(b), Natural Resources Code, is
4-14 amended to read as follows:
4-15 (b) The board may by resolution provide for the
4-16 establishment, maintenance, and investment of additional funds into
4-17 which the board may deposit revenues from any financial assistance
4-18 program under this chapter that are not pledged to bonds, including
4-19 any gifts, grants, or donations accepted by the board for the
4-20 support, acquisition, construction, operation, enlargement,
4-21 improvement, furnishing, or equipping of veterans homes or veterans
4-22 cemeteries.
4-23 SECTION 7. This Act takes effect immediately if it receives
4-24 a vote of two-thirds of all the members elected to each house, as
4-25 provided by Section 39, Article III, Texas Constitution. If this
4-26 Act does not receive the vote necessary for immediate effect, this
4-27 Act takes effect September 1, 2001.