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.