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SECTION 2. Sections
2165.256(a), (d), (e), and (m), Government Code, are amended to read as
follows:
(a)
The State Cemetery Committee shall oversee and exercise direct control
of all operations of the State Cemetery. The committee shall develop a
budget for the operations of [the commission relating to] the State
Cemetery and determine the salary of State Cemetery employees,
including a superintendent and other staff. The committee may delegate authority
granted under this subsection and the management, maintenance, and
operation of the State Cemetery to the superintendent [of the
commission whose duties primarily relate to the operation of the State
Cemetery].
(d)
Persons eligible for burial in the State Cemetery are:
(1)
a former member of the legislature or a member who dies in office;
(2)
a former elective state official or an elective state official who dies in
office;
(3)
a former state official or a state official who dies in office who has been
appointed by the governor and confirmed by the senate and who served at
least six [10] years in the office to which appointed,
subject to review and approval by the committee under Subsection (e);
(4)
a person specified by a governor's proclamation, subject to review and
approval by the committee under Subsection (e);
(5)
a person specified by a concurrent resolution adopted by the legislature,
subject to review and approval by the committee under Subsection (e); and
(6)
a person specified by order of the committee under Subsection (e).
(e) The committee shall
review the names of state officials presented to the committee for
consideration under Subsection (d)(3), in proclamations under
Subsection (d)(4), and in resolutions under Subsection (d)(5).
A person whose name is presented to the committee or who is
specified in a proclamation or resolution is eligible for burial in the
State Cemetery only if the committee, following its review, finds that the
person specified made a significant contribution to Texas history and only
if, based on that finding, the committee approves the person's burial in
the cemetery. The committee may by order authorize a burial under
Subsection (d)(6) only if the committee finds that the person made a
significant contribution to Texas history, which may include a person
who served this state through public administration or governmental service.
(m) The committee shall
consider for burial in the State Cemetery persons who have made significant
contributions to Texas history and culture in the following fields: air and
space, agriculture, art and design, business and labor, city building,
education, governmental service, industry, justice, military
affairs, law enforcement, oil and gas, performing arts, philanthropy, public
administration, ranching, religion, science and medicine, sports, and
writing.
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SECTION 2. Section 2165.256,
Government Code, is amended by amending Subsections (a), (e), (i), and (m)
and adding Subsection (a-1) to read as follows:
(a)
In this section:
(1) "Board" means the State Preservation Board.
(2) "Committee" means the State Cemetery Committee.
(a-1) The board, in
cooperation with the committee, shall govern and provide oversight, adopt
rules and policies, and provide for the operation of the State Cemetery
[State Cemetery Committee shall oversee all operations of the State
Cemetery. The committee shall develop a budget for the operations of the
commission relating to the State Cemetery and determine the salary of
employees of the commission whose duties primarily relate to the operation
of the State Cemetery].
(e) The committee shall
review the names of state officials presented to the committee for
consideration under Subsection (d)(3), in proclamations under Subsection
(d)(4), and in resolutions under Subsection (d)(5). A person whose
name is presented to the committee or who is specified in a
proclamation or resolution is eligible for burial in the State Cemetery
only if the committee, following its review, finds that the person
specified made a significant contribution to Texas history and only if,
based on that finding, the committee approves the person's burial in the
cemetery. The committee may by order authorize a burial under Subsection
(d)(6) only if the committee finds that the person made a significant
contribution to Texas history, which may include a person who served
this state through public administration or governmental service.
(i)
The board, in collaboration with the committee, shall adopt
rules regulating the monuments erected in the State Cemetery.
(m) The committee shall
consider for burial in the State Cemetery persons who have made significant
contributions to Texas history and culture in the following fields: air and
space, agriculture, art and design, business and labor, city building,
education, governmental service, industry, justice, military
affairs, law enforcement, oil and gas, performing arts, philanthropy, public
administration, ranching, religion, science and medicine, sports, and
writing.
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SECTION 3. Sections
2165.2561(a), (b), (c), (g), (k), (l), (m), (p), (q), and (t), Government
Code, are amended to read as follows:
(a) The State Cemetery
Committee is composed of:
(1) three voting members
appointed as follows:
(A) one member of the
general public appointed by the governor;
(B) one member of the
general public appointed by the governor from a list submitted by the
lieutenant governor; and
(C) one member of the
general public appointed by the governor from a list submitted by the
speaker of the house of representatives; and
(2) one [three]
nonvoting advisory member who is an [members appointed as
follows:
[(A) one] employee of
the State Preservation Board [Texas
Historical Commission] appointed by the executive director of
the board [Texas Historical
Commission;
[(B) one employee of the
Texas Building and Procurement Commission appointed by the executive
director of the Texas Building and Procurement Commission; and
[(C)
one employee of the Parks and Wildlife Department appointed by the
executive director of the Parks and Wildlife Department].
(b)
The voting member serving the last two years of the member's term is
[governor shall designate] the presiding officer of the committee [from
among its members, and the presiding officer shall serve in that capacity
for two years].
(c) The voting
members of the committee [appointed by the governor] are appointed
for staggered terms of six years with one member's term expiring February 1
of each odd-numbered year. The advisory member [members] of the committee serves
[serve] at the will of the State
Preservation Board [appointing
authority].
(g) A person is not eligible
for appointment to the committee under Subsection (a)(1) [by the
governor] if the person or the person's spouse:
(1) is employed by or
participates in the management of a business entity or other organization
receiving funds from the committee;
(2) owns or controls,
directly or indirectly, more than a 10 percent interest in a business
entity or other organization receiving funds from the committee; or
(3) uses or receives a
substantial amount of tangible goods, services, or funds from the
committee, other than compensation or reimbursement authorized by law for
committee membership, attendance, or expenses.
(k)
The legislature shall separately appropriate money to the committee within
the appropriations to the State Preservation Board [Texas
Building and Procurement Commission] for all matters relating to the
operation of the State Cemetery. [Activities relating to maintenance of
the State Cemetery grounds and monuments shall conform to guidelines for
historic preservation submitted to the committee by the Texas Historical
Commission.]
(l)
Funds appropriated to the State Preservation Board shall [Texas
Building and Procurement Commission may] be transferred by interagency
contract for the performance of, at the direction of the committee, an act
related to the State Cemetery, including funds for cemetery operation
and maintenance, salaries for the superintendent and staff, clothing and
allowances for cemetery employees, and food and drinks for inmates or other
persons who are providing maintenance services. The State
Preservation Board shall provide the administrative and accounting support
required by the committee.
(m) The committee may adopt rules and policies as necessary for the
administration of the State Cemetery,
including policies on personnel, grounds operation, security, and other
matters related to cemetery operations.
(p) If the superintendent [executive director] of the State Cemetery [commission]
has knowledge that a potential ground for removal from the committee
exists, the superintendent [executive director] shall notify
the presiding officer of the committee of the potential ground. The presiding
officer shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for removal
involves the presiding officer, the superintendent [executive director] shall notify
the next highest ranking officer of the committee, who shall then notify
the governor and the attorney general that a potential ground for removal
exists.
(q) The superintendent [executive director] of the State Cemetery [commission]
or the superintendent's [executive director's] designee
shall provide to members of the committee, as often as necessary,
information regarding the requirements for office under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state officers.
(t)
The committee shall develop and implement policies that clearly separate
the policymaking responsibilities of the committee and the management
responsibilities of the superintendent [executive director of the
commission] and staff of the cemetery.
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SECTION 3. Section
2165.2561, Government Code, is amended by amending Subsections (a), (c),
(g), (m), (p), (q), and (r) and adding Subsection (a-1) to read as follows:
(a)
In this section:
(1) "Board" means the State Preservation Board.
(2) "Committee" means the State Cemetery Committee.
(a-1) The committee
[State Cemetery Committee] is composed of:
(1) three voting members
appointed as follows:
(A) one member of the
general public appointed by the governor;
(B) one member of the
general public appointed by the governor from a list submitted by the
lieutenant governor; and
(C) one member of the
general public appointed by the governor from a list submitted by the
speaker of the house of representatives; and
(2) three nonvoting advisory members appointed as follows:
(A)
one employee of the Texas Historical Commission appointed by the executive
director of the Texas Historical Commission;
(B) one employee of the board
[Texas Building and Procurement Commission] appointed by the
executive director of the board [Texas Building and Procurement
Commission]; and
(C)
one employee of the Parks and Wildlife Department appointed by the
executive director of the Parks and Wildlife Department.
(c) The voting
members of the committee [appointed by the governor] are appointed
for staggered terms of six years with one member's term expiring February 1
of each odd-numbered year. The advisory members
of the committee serve at the will
of the appointing authority.
(g) A person is not eligible
for appointment to the committee under Subsection (a-1)(1) [by
the governor] if the person or the person's spouse:
(1) is employed by or
participates in the management of a business entity or other organization
receiving funds from the committee;
(2) owns or controls,
directly or indirectly, more than a 10 percent interest in a business
entity or other organization receiving funds from the committee; or
(3) uses or receives a
substantial amount of tangible goods, services, or funds from the
committee, other than compensation or reimbursement authorized by law for
committee membership, attendance, or expenses.
(See SECTION 4(2) below.)
(See SECTION 4(2) below.)
(m) The board, in collaboration with the committee, may adopt rules as
necessary for the administration of the State Cemetery.
(p) If the executive director of the board [commission]
has knowledge that a potential ground for removal from the committee
exists, the executive director shall
notify the presiding officer of the committee of the potential ground. The
presiding officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the executive
director shall notify the next highest ranking officer of the
committee, who shall then notify the governor and the attorney general that
a potential ground for removal exists.
(q) The executive director of the board [commission]
or the executive director's designee
shall provide to members of the committee, as often as necessary,
information regarding the requirements for office under this chapter,
including information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers.
(r)
A person who is appointed to and qualifies for office as a member of the
committee may not vote, deliberate, or be counted as a member in attendance
at a meeting of the committee until the person completes a training program
that complies with this subsection. The training program must provide the
person with information regarding:
(1)
the legislation that created the State Cemetery and the committee [State
Cemetery Committee];
(2)
the programs operated by the committee;
(3)
the role and functions of the committee;
(4)
the rules of the committee, with an emphasis on any rules that relate to
disciplinary and investigatory authority;
(5)
[the current budget for the committee;
[(6)]
the results of the most recent formal audit of cemetery operations;
(6) [(7)] the
requirements of:
(A)
the open meetings law, Chapter 551;
(B)
the public information law, Chapter 552;
(C)
the administrative procedure law, Chapter 2001; and
(D)
other laws relating to public officials, including conflict-of-interest
laws; and
(7) [(8)] any
applicable ethics policies adopted by the board [commission],
the committee, or the Texas Ethics Commission.
(See SECTION 4(2) below.)
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SECTION 5. (a) On the
effective date of this Act:
(1) an employee of the Texas
Facilities Commission who was performing duties exclusively related to the
Texas State Cemetery becomes an employee of the State Cemetery Committee;
(2) all money, contracts,
leases, rights, and obligations of the Texas Facilities Commission related
to the Texas State Cemetery are transferred to the State Cemetery Committee;
(3) all property, including
records, in the custody of the Texas Facilities Commission related to the
Texas State Cemetery becomes the property of the State Cemetery Committee; and
(4) all funds appropriated
by the legislature to the Texas Facilities Commission related to the Texas
State Cemetery are transferred to the State Preservation Board to be transferred to the State Cemetery
Committee as required under this
Act.
(b) A function or activity
performed by the Texas Facilities Commission related to the Texas State
Cemetery is transferred to the State
Cemetery Committee or the State Preservation Board, as applicable, as provided by this Act.
The board shall provide the administrative
and accounting support required by the committee.
(c) As soon as practicable
after the effective date of this Act, the State Preservation Board shall
appoint a nonvoting advisory member to the State Cemetery Committee as
required by Section 2165.2561(a)(2), Government Code, as amended by this
Act.
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SECTION 5. (a) On the
effective date of this Act:
(1) an employee of the Texas
Facilities Commission who was performing duties exclusively related to the
Texas State Cemetery becomes an employee of the State Preservation Board;
(2) all money, contracts,
leases, rights, and obligations of the Texas Facilities Commission related
to the Texas State Cemetery are transferred to the State Preservation Board;
(3) all property, including
records, in the custody of the Texas Facilities Commission related to the
Texas State Cemetery becomes the property of the State Preservation Board; and
(4) all funds appropriated
by the legislature to the Texas Facilities Commission related to the Texas
State Cemetery are transferred to the State Preservation Board and may be disbursed to the State Cemetery
Committee as provided by this Act.
(b)
A rule adopted by the State Cemetery Committee or the Texas Facilities
Commission related to the Texas State Cemetery before the effective date of
this Act is continued in effect as a rule of the State Preservation Board
until amended or repealed by the board.
(c) A function or activity
performed by the Texas Facilities Commission related to the Texas State
Cemetery is transferred to the State Preservation Board as provided by this
Act.
(d) As soon as practicable
after the effective date of this Act, the State Preservation Board shall
appoint a nonvoting advisory member to the State Cemetery Committee as
required by Section 2165.2561(a-1)(2), Government Code, as amended by this
Act.
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