84R12788 YDB-F

By: Crownover H.B. No. 2206

A BILL TO BE ENTITLED

AN ACT

relating to transfer of the oversight of the Texas State Cemetery to the State Cemetery Committee and to transfer of cemetery funding to the State Preservation Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2165.007(b), Government Code, is amended to read as follows:

(b) Notwithstanding any other law, the commission shall provide facilities management services in relation to all state agency facilities in Travis County or a county adjacent to Travis County. The commission's duty does not apply to:

(1) a facility owned or operated by an institution of higher education;

(2) military facilities;

(3) facilities owned or operated by the Texas Department of Criminal Justice;

(4) facilities owned or operated by the Texas Juvenile Justice Department;

(5) facilities owned or operated by the Texas Department of Transportation;

(6) the Capitol, including the Capitol Extension, the General Land Office building, the Bob Bullock Texas State History Museum, any museum located on the Capitol grounds, the Governor's Mansion, and any property maintained by the Texas Historical Commission under Sections 442.0072 and 442.0073;

(7) a facility determined by the commission to be completely residential;

(8) a regional or field office of a state agency;

(9) a facility located within or on state park property;

(10) the property known as the Finance Commission Building described by deed recorded in Volume 5080, Page 1099, of the Deed Records of Travis County, Texas;

(11) the property known as the Credit Union Department Building described by deed recorded in Volume 6126, Page 27, of the Deed Records of Travis County, Texas;

(12) facilities owned or operated by the Texas School for the Blind and Visually Impaired; [or]

(13) facilities owned or operated by the Texas School for the Deaf; or

(14) the property known as the Texas State Cemetery described as 17.376 acres located at 801 Comal, Lot 5, Division B, City of Austin, Travis County, Texas.

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.

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.

SECTION 4. The following provisions of the Government Code are repealed:

(1) Sections 2165.256(b), (b-1), and (r); and

(2) Sections 2165.2561(f) and (j).

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.

SECTION 6. This Act takes effect September 1, 2015.