1-1     By:  Junell (Senate Sponsor - Duncan)                  H.B. No. 541
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on Veteran
 1-4     Affairs and Military Installations; May 11, 2001, reported
 1-5     favorably by the following vote:  Yeas 4, Nays 0; May 11, 2001,
 1-6     sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to disposition of military awards and decorations
1-10     escheated to the state.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 74.401(a), Property Code, is amended to
1-13     read as follows:
1-14           (a)  Except as provided by Subsection (c) or Section 74.404,
1-15     the comptroller shall sell at public sale all personal property,
1-16     other than money and marketable securities, delivered to the
1-17     comptroller in accordance with Section 74.301.  The comptroller
1-18     shall conduct the sale in the city in this state that the
1-19     comptroller determines affords the most favorable market for the
1-20     particular property.
1-21           SECTION 2. Subchapter E, Chapter 74, Property Code, is
1-22     amended by adding Section 74.404 to read as follows:
1-23           Sec. 74.404.  SALE OF MILITARY AWARDS AND DECORATIONS
1-24     PROHIBITED. (a)  In this section, "military award or decoration"
1-25     means a military decoration for an act of valor, heroism, or
1-26     exceptional service, a good conduct medal, a service medal, a
1-27     service ribbon, or a badge, tab, certificate, or letter awarded in
1-28     connection with military service.
1-29           (b)  A military award or decoration delivered to the
1-30     comptroller under this chapter:
1-31                 (1)  may not be sold under Section 74.401 or destroyed;
1-32     and
1-33                 (2)  shall be delivered by the comptroller to the
1-34     adjutant general's department.
1-35           (c)  The adjutant general's department shall conduct a
1-36     reasonable search of public records to locate the person to whom
1-37     the military award or decoration was awarded.  If the department
1-38     cannot locate the person, the department shall attempt to locate
1-39     the person's next of kin.  If the department locates the person or
1-40     the person's next of kin, the department shall deliver the award or
1-41     decoration to the person or the person's next of kin, as
1-42     applicable.
1-43           (d)  If the adjutant general's department cannot locate the
1-44     person to whom a military award or decoration was awarded or the
1-45     person's next of kin, the award or decoration shall be held in
1-46     trust for the comptroller at:
1-47                 (1)  a museum established by the department; or
1-48                 (2)  if no museum exists, any other public facility
1-49     designated by the department.
1-50           (e)  Except as provided by this subsection, a military award
1-51     or decoration held in trust by a museum or facility designated
1-52     under Subsection (d) shall be used in a display or exhibit that
1-53     honors persons who have served the state or nation in military
1-54     service.  If the museum or facility cannot practically incorporate
1-55     the award or decoration into an established display or exhibit of
1-56     the museum or facility, the award or decoration shall be kept in a
1-57     secure storage area or loaned to another museum for use in a
1-58     display or exhibit that honors persons who have served the state or
1-59     nation in military service.
1-60           (f)  This section does not affect a person's right to claim a
1-61     military award or decoration under Subchapter F.
1-62           SECTION 3. This Act takes effect September 1, 2001, and
1-63     applies only to property described by Section 74.404, Property
1-64     Code, as added by this Act, that is delivered to the comptroller on
 2-1     or after that date.
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