BILL ANALYSIS

 

 

Senate Research Center

S.B. 1735

85R430 SGA-D

By: Hughes

 

State Affairs

 

3/31/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Legislative Council (TLC) is tasked with codifying and maintaining the laws of Texas. These codification and "cleanup" changes must be nonsubstantive. As part of this ongoing effort, TLC submits a "code cleanup bill" each session to resolve redundant numbering, duplicative provisions, and similar nonsubstantive statutory issues that have arisen from laws passed in the previous session. However, the class of statutes TLC traditionally addresses in that bill does not include laws that have become obsolete.

 

S.B. 1735 is a repeal of several pension-related statutes that no longer apply to any existing persons, programs, or funds. These laws do not fall under TLC's traditional rules for statutory cleanup, but the system of statutory codes in Texas benefits from ongoing efforts to repeal obsolete laws so that the various statutory codes do not grow unnecessarily over time.

 

As proposed, S.B. 1735 amends current law relating to the repeal of certain obsolete laws governing state pensions and other similar benefits.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. FINDINGS. Provides that the legislature finds that certain laws governing state pension and other benefits have become obsolete and should no longer be included in the reported statutes of this state. Provides that these laws consist of:

 

(1) part of the enabling legislation for state pensions for Confederate veterans and their surviving spouses;

 

(2) authorization of a state pension for veterans of the Texas Revolution and their surviving spouses;

 

(3) authorization of a state pension for certain Texas Rangers who served before September 1, 1947, and their surviving spouses; and

 

(4) several statutes from the 1930s providing transitional funding mechanisms and appropriations for the original Texas Old Age Assistance Fund.

 

SECTION 2. REPEALER. Repealers: Articles 6205 (To Whom Granted), 6208 (Application Requirements), 6209 (Proof, How Made), 6210 (Out of County), 6211 (Widow's Application), 6212 (Proof by Affidavit), 6213 (Soldier Must Have Served Honorably), 6214 (What Constitutes Indigency), 6215 (Payments; Affidavit; Warrant), 6217 (Pensions Denied to Whom), 6218 (Fees Limited), 6220 (Persons Not Entitled To), 6221 (Appropriation, How Allotted), 6222 (Perpetuation of Evidence), 6223 (Statement Filed), 6224 (Widow May Establish Identity), 6225 (Examination of Record), 6226 (Shall Strike from Roll), and 6227 (Mortuary Warrant), Revised Statutes;

 

Repealer: Chapter 557 (S.B. 433), Acts of the 51st Legislature, Regular Session, 1949 (Article 6227a (Siege of Bexar and Battle of San Jacinto; Pensions to Survivors and Widows), Vernon's Texas Civil Statutes (V.T.C.S.)).

 

Repealer: Chapter 283 (S.B. 53), Acts of the 56th Legislature, Regular Session, 1959 (Article 6228e (Former Texas Rangers and Their Widows), V.T.C.S.).

 

Repealer: Section 1, Article 1, Chapter 495 (H.B. 8), Acts of the 44th Legislature, 3rd Called Session, 1936 (Article 6243-2 (Purpose), V.T.C.S.).

 

Repealer: Chapter 479 (S.B. 8), Acts of the 44th Legislature, 3rd Called Session, 1936 (Article 6243-22 (Permanent Old Age Pension Fund; Liquidation), V.T.C.S.).

 

Repealer: Chapter 496 (H.B. 37), Acts of the 44th Legislature, 3rd Called Session, 1936 (Article 6243-23 (Warrants Against Texas Old Age Assistance Fund; Interest), V.T.C.S.).

 

Repealer: Chapter 1 (H.B. 179), page 536, General Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article 6243-24 (Warrants Against Texas Old Age Assistance Fund; Interest; Calling Warrants), V.T.C.S.).

 

SECTION 3. Effective date: upon passage or September 1, 2017.