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. 2-2 * * * * *