H.B. No. 573
AN ACT
relating to the Texas Legislative Medal of Honor and other state
military awards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.131, Government Code, is amended to
read as follows:
Sec. 431.131. TEXAS LEGISLATIVE MEDAL OF HONOR. (a) The
Texas Legislative Medal of Honor shall be awarded to a member of the
state or federal military forces designated by concurrent
resolution of the legislature who voluntarily performs 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. Awarding of the medal
shall be considered on the standard of extraordinary merit. The
medal may be awarded only on incontestable proof of performance of
the deed. To be eligible for the Texas Legislative Medal of Honor,
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.
(b) A person is not ineligible for the [The] Texas
Legislative Medal of Honor because the person has received any
other medal or award for military service, including a medal or
award made by the United States [may be awarded to any person who
has been awarded the Congressional Medal of Honor].
(c) To receive the Texas Legislative Medal of Honor, a
person must be nominated during a regular session of the
legislature by majority vote of all the members of a nominating
committee consisting of:
(1) the adjutant general or the adjutant general's
designated representative;
(2) the lieutenant governor or the lieutenant
governor's designated representative;
(3) the speaker of the house of representatives or the
speaker's designated representative; and
(4) the chair of the standing committee of each house
of the legislature with primary jurisdiction over military and
veterans affairs.
(d) The legislature by concurrent resolution may direct the
governor to award the Texas Legislative Medal of Honor to a person
nominated by the nominating committee. The committee chairs
serving on the nominating committee shall jointly prepare a
concurrent resolution directing the governor to award the medal to
a person nominated. The legislature may direct the medal to be
awarded only during a regular session and may not direct the medal
to be awarded to more than one person during a regular session.
SECTION 2. Section 431.136, Government Code, is amended to
read as follows:
Sec. 431.136. AWARDING. The governor awards the Texas
Legislative Medal of Honor as directed [only on approval] by the
legislature under Section 431.131 [by concurrent resolution]. The
governor awards the Lone Star Medal of Valor, [and] Lone Star
Distinguished Service Medal, or any other award authorized by this
subchapter on recommendation of the adjutant general.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 573 was passed by the House on May 6,
2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 573 was passed by the Senate on May
28, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor