1-1 By: Flores, et al. (Senate Sponsor - Truan) H.B. No. 310
1-2 (In the Senate - Received from the House April 17, 2001;
1-3 April 18, 2001, read first time and referred to Committee on
1-4 Veteran Affairs and Military Installations; May 3, 2001, reported
1-5 favorably by the following vote: Yeas 4, Nays 0; May 3, 2001, sent
1-6 to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the establishment and operation of veterans cemeteries.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 164.001(a), Natural Resources Code, is
1-12 amended to read as follows:
1-13 (a) The legislature declares that it is the policy of the
1-14 state to provide financial assistance to veterans of the state in
1-15 recognition of their service to this state and the United States
1-16 and to honor veterans with a final resting place and with lasting
1-17 memorials that commemorate their service.
1-18 SECTION 2. Section 164.002(a), Natural Resources Code, is
1-19 amended by amending Subdivision (7) and adding Subdivision (8) to
1-20 read as follows:
1-21 (7) "Veterans cemetery" means a burial ground operated
1-22 solely for the burial of veterans and their eligible relatives.
1-23 (8) "Veterans home" means a life care facility,
1-24 retirement home, retirement village, home for the aging, or other
1-25 facility that furnishes shelter, food, medical attention, nursing
1-26 services, medical services, social activities, or other personal
1-27 services or attention to veterans.
1-28 SECTION 3. Section 164.003, Natural Resources Code, is
1-29 amended to read as follows:
1-30 Sec. 164.003. FINANCIAL ASSISTANCE PROGRAMS. The board may
1-31 establish one or more programs for providing financial assistance
1-32 to veterans under this chapter. A program may be limited to the
1-33 purpose of purchasing land, selling land to veterans, making home
1-34 mortgage loans to veterans, or providing one or more veterans homes
1-35 or veterans cemeteries. To the extent a financial assistance
1-36 program is for the purpose of purchasing land or selling land to
1-37 veterans, the program shall be administered, to the extent
1-38 consistent with this chapter and otherwise deemed practicable and
1-39 desirable by the board, in accordance with the board's Veterans'
1-40 Land Program. To the extent a financial assistance program is for
1-41 the purpose of making home mortgage loans to veterans, the program
1-42 shall be administered, to the extent consistent with this chapter
1-43 and otherwise deemed practicable and desirable by the board, in
1-44 accordance with the board's Veterans' Housing Assistance Program.
1-45 SECTION 4. Section 164.004, Natural Resources Code, is
1-46 amended to read as follows:
1-47 Sec. 164.004. RULES. The board shall adopt rules providing
1-48 for the administration of its financial assistance programs
1-49 established under this chapter, including rules concerning:
1-50 (1) the purchasing of land and the selling of land to
1-51 veterans;
1-52 (2) the making of home mortgage loans to veterans;
1-53 (3) the use of insurance on land and homes as deemed
1-54 appropriate by the board, as further security for land sold or home
1-55 mortgage loans made;
1-56 (4) the criteria for approving lending institutions
1-57 participating in programs;
1-58 (5) the terms and conditions of a contract made with a
1-59 lending institution;
1-60 (6) the construction, acquisition, ownership,
1-61 operation, maintenance, enlargement, improvement, or furnishing or
1-62 equipping of veterans homes or veterans cemeteries; and
1-63 (7) other matters as the board deems appropriate.
1-64 SECTION 5. Section 164.005, Natural Resources Code, is
2-1 amended by amending Subsections (b), (c), and (e) and adding
2-2 Subsection (f) to read as follows:
2-3 (b) In administering any of the board's financial assistance
2-4 programs relating to veterans homes or veterans cemeteries, the
2-5 board, or the board in conjunction with other state or federal
2-6 agencies, may acquire by purchase, gift, devise, lease, or a
2-7 combination of those methods, construct, operate, enlarge, improve,
2-8 furnish, or equip one or more veterans homes or veterans
2-9 cemeteries.
2-10 (c) The board may enter into an agreement with any person
2-11 for the management or operation of all or part of a veterans home
2-12 or all or part of a veterans cemetery. The board may delegate to
2-13 the manager the authority to manage the veterans home or veterans
2-14 cemetery [center] and to employ and discharge employees.
2-15 (e) On terms and conditions acceptable to it, the board may
2-16 accept and administer gifts, grants, or donations for the support,
2-17 acquisition, construction, operation, enlargement, improvement,
2-18 furnishing, or equipping of veterans homes or veterans cemeteries
2-19 and may enter into agreements with a nonprofit corporation for the
2-20 solicitation, receipt, and disbursement of the gifts, grants, or
2-21 donations.
2-22 (f) The board, the chairman of the Texas Veterans
2-23 Commission, and two representatives of the veterans community
2-24 selected by the chairman of the Texas Veterans Commission shall:
2-25 (1) establish the guidelines for determining:
2-26 (A) the location and size of veterans
2-27 cemeteries; and
2-28 (B) the eligibility for burial in a veterans
2-29 cemetery; and
2-30 (2) select up to seven locations across the state to
2-31 build veterans cemeteries.
2-32 SECTION 6. Section 164.011(b), Natural Resources Code, is
2-33 amended to read as follows:
2-34 (b) The board may by resolution provide for the
2-35 establishment, maintenance, and investment of additional funds into
2-36 which the board may deposit revenues from any financial assistance
2-37 program under this chapter that are not pledged to bonds, including
2-38 any gifts, grants, or donations accepted by the board for the
2-39 support, acquisition, construction, operation, enlargement,
2-40 improvement, furnishing, or equipping of veterans homes or veterans
2-41 cemeteries.
2-42 SECTION 7. This Act shall take effect on the date on which
2-43 the constitutional amendment proposed by H.J.R. No. 82, 77th
2-44 Legislature, Regular Session, 2001, or similar legislation takes
2-45 effect. If that amendment is not approved by the voters, this Act
2-46 shall have no effect. H.B. 310 will not require an appropriation
2-47 from the general revenue fund.
2-48 * * * * *