77R4053 AJA-D
By Junell H.B. No. 541
Substitute the following for H.B. No. 541:
By Berman C.S.H.B. No. 541
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disposition of military awards and decorations
1-3 escheated to the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.401(a), Property Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Subsection (c) or Section 74.404,
1-8 the comptroller shall sell at public sale all personal property,
1-9 other than money and marketable securities, delivered to the
1-10 comptroller in accordance with Section 74.301. The comptroller
1-11 shall conduct the sale in the city in this state that the
1-12 comptroller determines affords the most favorable market for the
1-13 particular property.
1-14 SECTION 2. Subchapter E, Chapter 74, Property Code, is
1-15 amended by adding Section 74.404 to read as follows:
1-16 Sec. 74.404. SALE OF MILITARY AWARDS AND DECORATIONS
1-17 PROHIBITED. (a) In this section, "military award or decoration"
1-18 means a military decoration for an act of valor, heroism, or
1-19 exceptional service, a good conduct medal, a service medal, a
1-20 service ribbon, or a badge, tab, certificate, or letter awarded in
1-21 connection with military service.
1-22 (b) A military award or decoration delivered to the
1-23 comptroller under this chapter:
1-24 (1) may not be sold under Section 74.401 or destroyed;
2-1 and
2-2 (2) shall be delivered by the comptroller to the
2-3 adjutant general's department.
2-4 (c) The adjutant general's department shall conduct a
2-5 reasonable search of public records to locate the person to whom
2-6 the military award or decoration was awarded. If the department
2-7 cannot locate the person, the department shall attempt to locate
2-8 the person's next of kin. If the department locates the person or
2-9 the person's next of kin, the department shall deliver the award or
2-10 decoration to the person or the person's next of kin, as
2-11 applicable.
2-12 (d) If the adjutant general's department cannot locate the
2-13 person to whom a military award or decoration was awarded or the
2-14 person's next of kin, the award or decoration shall be held in
2-15 trust for the comptroller at:
2-16 (1) a museum established by the department; or
2-17 (2) if no museum exists, any other public facility
2-18 designated by the department.
2-19 (e) Except as provided by this subsection, a military award
2-20 or decoration held in trust by a museum or facility designated
2-21 under Subsection (d) shall be used in a display or exhibit that
2-22 honors persons who have served the state or nation in military
2-23 service. If the museum or facility cannot practically incorporate
2-24 the award or decoration into an established display or exhibit of
2-25 the museum or facility, the award or decoration shall be kept in a
2-26 secure storage area or loaned to another museum for use in a
2-27 display or exhibit that honors persons who have served the state or
3-1 nation in military service.
3-2 (f) This section does not affect a person's right to claim a
3-3 military award or decoration under Subchapter F.
3-4 SECTION 3. This Act takes effect September 1, 2001, and
3-5 applies only to property described by Section 74.404, Property
3-6 Code, as added by this Act, that is delivered to the comptroller on
3-7 or after that date.