BILL ANALYSIS

 

 

 

C.S.H.B. 2108

By: Galindo

Defense & Veterans' Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that those who served in the U.S. military during the Cold War should be recognized for their extraordinary achievements. C.S.H.B. 2108 seeks to acknowledge the efforts made by Texas military veterans of the Cold War by awarding them an honor equal to the honors awarded to those who served in other international conflicts.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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

 

C.S.H.B. 2108 reenacts and amends the Government Code to change the persons to whom the Cold War Medal may be awarded from a member of the Texas National Guard or the Texas State Guard who served between September 2, 1945, and December 26, 1991, to a member of the Texas military forces or of the U.S. military forces who served in that period and who was a Texas resident at the time the service member entered military service. The bill adds as a condition of the award of that medal that a federal Cold War Medal or an equivalent federal medal is not available to be awarded.

 

C.S.H.B. 2108 repeals Section 431.134, Government Code.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2108 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 437.355, Government Code, is reenacted to incorporate amendments made to Section 431.134, Government Code, by Chapter 243 (H.B. 402), Acts of the 83rd Legislature, Regular Session, 2013, and amended to read as follows:

Sec. 437.355.  OTHER AWARDS.  (a)  The governor or adjutant general, if delegated the authority, may adopt policies and regulations relating to awarding:

(1)  the Texas Purple Heart Medal, which shall be awarded to a service member who, after September 11, 2001:

(A)  was inducted into federal service from the Texas National Guard; and

(B)  meets the criteria for an award of the federal Purple Heart Medal;

(2)  the Texas Superior Service Medal, which shall be awarded to:

(A)  a service member of the Texas military forces who has:

(i)  completed 30 or more years of honorable state service or a combination of state and federal service; and

(ii)  continually demonstrated superior performance and service while assigned to key leadership positions demanding responsibility; or

(B)  a civilian who has contributed significant service to the Texas military forces;

(3)  the Lone Star Distinguished Service Medal, which shall be awarded to a member of the military forces of this state, another state, or the United States for exceptionally outstanding achievement or service to this state in performance of a duty of great responsibility while serving with the Texas military forces for whom the department receives a letter of recommendation for award of the Lone Star Distinguished Service Medal that:

(A)  gives an account of the exceptional achievement or service; and

(B)  includes facts and photographs, and extracts from official documents to support and amplify the facts;

(4)  the Texas Outstanding Service Medal, which shall be awarded to a service member of the military forces of this state, another state, or the United States who has performed service in a superior and clearly outstanding manner;

(5)  the Texas Humanitarian Service Medal, which shall be awarded to a service member who:

(A)  does not meet the criteria for an award of the federal Humanitarian Service Medal;

(B)  is a member of the Texas military forces; and

(C)  while serving on state active duty or active duty under state authority in accordance with Title 32, United States Code, participates satisfactorily in defense support to a mission under civilian authority to protect life or property during or soon after a natural disaster or civil unrest in the state;

(6)  the Texas Homeland Defense Service Medal, which shall be awarded to a service member of the Texas military forces who served:

(A)  on or after September 11, 2001;

(B)  on state active duty or active duty under state authority in accordance with Title 32, United States Code; and

(C)  satisfactorily in defense support to a mission in the state under civilian authority;

(7)  the Federal Service Medal, which shall be awarded to a service member who was inducted into federal service from the Texas military forces between June 15, 1940, and January 1, 1946, or after June 1, 1950, if the service was for more than 90 days;

(8)  the Texas Combat Service Ribbon, which shall be awarded to a service member of the Texas National Guard who served, after September 11, 2001, in a hostile fire zone as designated by the United States secretary of defense;

(9)  the Texas Faithful Service Medal, which shall be awarded to a member of the Texas military forces who has completed five years of honorable service during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state;

(10)  the Texas Medal of Merit, which shall be awarded to a member of the military forces of this state, another state, or the United States who performs outstanding service or attains extraordinary achievement in behalf of the state or United States;

(11)  the Texas State Guard Service Medal, which shall be awarded to a service member who completes three consecutive years of honorable service in the Texas State Guard during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state;

(12)  the Texas Desert Shield/Desert Storm Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard after August 1, 1990, in support of Operation Desert Shield or Operation Desert Storm, without regard to the place that the service member was deployed while serving on active federal military duty;

(13)  the Texas Iraqi Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard, without regard to the place that the service member was deployed while serving on active federal military duty, after:

(A)  March 19, 2003, in support of Operation Iraqi Freedom; or

(B)  August 31, 2010, in support of Operation New Dawn; [and]

(14)  the Texas Afghanistan Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard after October 6, 2001, in support of Operation Enduring Freedom, without regard to the place that the service member was deployed while serving on active federal military duty; and

(15)  the Cold War Medal, which, subject to Subsection (c), shall be awarded to a member of the military forces of this state or the United States [Texas National Guard or the Texas State Guard] who:

(A)  served between September 2, 1945, and December 26, 1991; and

(B)  was a resident of this state at the time the service member entered military service[, subject to Subsection (c)].

(b)  A person may be awarded only one Texas Superior Service Medal.

(c)  A person described by Subsection (a)(15) may be awarded a Cold War Medal only if

 

 

 

a fee in the amount necessary to cover the costs of awarding the medal is paid to the adjutant general's department.

SECTION 1.  Section 437.355, Government Code, is reenacted to incorporate amendments made to Section 431.134, Government Code, by Chapter 243 (H.B. 402), Acts of the 83rd Legislature, Regular Session, 2013, and amended to read as follows:

Sec. 437.355.  OTHER AWARDS.  (a)  The governor or adjutant general, if delegated the authority, may adopt policies and regulations relating to awarding:

(1)  the Texas Purple Heart Medal, which shall be awarded to a service member who, after September 11, 2001:

(A)  was inducted into federal service from the Texas National Guard; and

(B)  meets the criteria for an award of the federal Purple Heart Medal;

(2)  the Texas Superior Service Medal, which shall be awarded to:

(A)  a service member of the Texas military forces who has:

(i)  completed 30 or more years of honorable state service or a combination of state and federal service; and

(ii)  continually demonstrated superior performance and service while assigned to key leadership positions demanding responsibility; or

(B)  a civilian who has contributed significant service to the Texas military forces;

(3)  the Lone Star Distinguished Service Medal, which shall be awarded to a member of the military forces of this state, another state, or the United States for exceptionally outstanding achievement or service to this state in performance of a duty of great responsibility while serving with the Texas military forces for whom the department receives a letter of recommendation for award of the Lone Star Distinguished Service Medal that:

(A)  gives an account of the exceptional achievement or service; and

(B)  includes facts and photographs, and extracts from official documents to support and amplify the facts;

(4)  the Texas Outstanding Service Medal, which shall be awarded to a service member of the military forces of this state, another state, or the United States who has performed service in a superior and clearly outstanding manner;

(5)  the Texas Humanitarian Service Medal, which shall be awarded to a service member who:

(A)  does not meet the criteria for an award of the federal Humanitarian Service Medal;

(B)  is a member of the Texas military forces; and

(C)  while serving on state active duty or active duty under state authority in accordance with Title 32, United States Code, participates satisfactorily in defense support to a mission under civilian authority to protect life or property during or soon after a natural disaster or civil unrest in the state;

(6)  the Texas Homeland Defense Service Medal, which shall be awarded to a service member of the Texas military forces who served:

(A)  on or after September 11, 2001;

(B)  on state active duty or active duty under state authority in accordance with Title 32, United States Code; and

(C)  satisfactorily in defense support to a mission in the state under civilian authority;

(7)  the Federal Service Medal, which shall be awarded to a service member who was inducted into federal service from the Texas military forces between June 15, 1940, and January 1, 1946, or after June 1, 1950, if the service was for more than 90 days;

(8)  the Texas Combat Service Ribbon, which shall be awarded to a service member of the Texas National Guard who served, after September 11, 2001, in a hostile fire zone as designated by the United States secretary of defense;

(9)  the Texas Faithful Service Medal, which shall be awarded to a member of the Texas military forces who has completed five years of honorable service during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state;

(10)  the Texas Medal of Merit, which shall be awarded to a member of the military forces of this state, another state, or the United States who performs outstanding service or attains extraordinary achievement in behalf of the state or United States;

(11)  the Texas State Guard Service Medal, which shall be awarded to a service member who completes three consecutive years of honorable service in the Texas State Guard during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state;

(12)  the Texas Desert Shield/Desert Storm Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard after August 1, 1990, in support of Operation Desert Shield or Operation Desert Storm, without regard to the place that the service member was deployed while serving on active federal military duty;

(13)  the Texas Iraqi Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard, without regard to the place that the service member was deployed while serving on active federal military duty, after:

(A)  March 19, 2003, in support of Operation Iraqi Freedom; or

(B)  August 31, 2010, in support of Operation New Dawn; [and]

(14)  the Texas Afghanistan Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard after October 6, 2001, in support of Operation Enduring Freedom, without regard to the place that the service member was deployed while serving on active federal military duty; and

(15)  the Cold War Medal, which, subject to Subsection (c), shall be awarded to a member of the military forces of this state or the United States [Texas National Guard or the Texas State Guard] who:

(A)  served between September 2, 1945, and December 26, 1991; and

(B)  was a resident of this state at the time the service member entered military service[, subject to Subsection (c)].

(b)  A person may be awarded only one Texas Superior Service Medal.

(c)  A person described by Subsection (a)(15) may be awarded a Cold War Medal only if:

(1)  a federal Cold War Medal or an equivalent federal medal is not available to be awarded; and

(2)  a fee in the amount necessary to cover the costs of awarding the medal is paid to the adjutant general's department.

SECTION 2.  Section 431.134, Government Code, is repealed.

SECTION 2. Same as introduced version.

 

SECTION 3.  This Act takes effect September 1, 2015.

SECTION 3. Same as introduced version.