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.