C.S.H.B. 573 78(R)    BILL ANALYSIS


C.S.H.B. 573
By: Hunter
Defense Affairs and State-Federal Relations
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Legislative Medal of Honor (TLMH) was established by the 58th
Texas Legislature, and has been awarded three times throughout its history
to those who voluntarily perform a deed of personal bravery or
self-sacrifice involving risk of life that is so conspicuous as to clearly
distinguish the person for gallantry and intrepidity above the person's
comrades.  Under current law, the Governor determines who the nominee for
the TLMH will be, and the Medal is awarded by the Governor upon passage of
a resolution confirming this person by both bodies of the Legislature.
Also, there are currently no residency requirements for the TLMH.
C.S.H.B. 573 designates certain residency requirements, nomination
conditions, and awarding criteria for the TLMH award.  The bill also
allows a special committee of legislative members and the Texas Adjutant
General to designate who will receive the award. 
 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

SECTION 1.  Amends the Government Code to include the requirements for a
person's eligibility to receive the Texas Legislative Medal of Honor
(TLMH).  In addition to requirements associated with bravery and
self-sacrifice outlined in subsection (a); to be eligible for the TLMH, a
person must: (1) have been born in this state; (2) reside in this state or
have been a resident of this state on the person's death; or (3) have been
a resident of this state when the person entered military service.  If the
person has already received another medal or award by the United States,
it does not preclude them from eligibility for the TLMH award.  C.S.H.B.
573 also requires a person to be nominated during a regular session of the
legislature by majority vote of all the members of a nominating committee.

SECTION 2.  Amends the Government Code to allow the Governor to award the
TLMH as directed by the Legislature. 

SECTION 3  Effective Date:  September 1, 2003, unless the Act receives the
necessary votes for immediate effect. 


COMPARISON OF SUBSTITUTE TO ORIGINAL

The substitute modifies the original version of the bill in SECTION 1 by
adding that a person who has served in federal military service may also
be eligible to receive the award. 

The Substitute modifies the original version of the bill in SECTION 2 by
striking the requirement for the Governor to award the medal and returning
the bill to current statutory language.