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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Veterans Land Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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Chapter 161. Veterans Land Board |
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Subchapter A, SECTION 161.001, is amended to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 161.001. DEFINITIONS. (a) In this chapter: |
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(1) "Board" means the Veterans' Land Board. |
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(2) "Commissioner" means the Commissioner of the |
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General Land Office. |
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(3) "Land office" means the General Land Office. |
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(4) "Program" means the Veterans' Land Program. |
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(5) "Fund" means the veterans' land fund. |
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(6) "Bonds" means general obligation bonds issued by |
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the board for the purpose of funding the program. |
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(7) "Veteran" means a person who: |
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(A)(i) served not less than 90 days, unless |
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sooner discharged by reason of a service-connected disability, on |
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active duty in the Army, Navy, Air Force, Coast Guard, United States |
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Public Health Service (as constituted under 42 U.S.C. Section 201 |
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et seq.), or Marine Corps of the United States after September 16, |
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1940, and who on the date of filing an application under the program |
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has not been dishonorably discharged from the branch of the service |
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in which the person served; |
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(ii) has at least 20 years of active or |
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reserve military service as computed when determining the person's |
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eligibility to receive retired pay under applicable federal law; |
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(iii) has enlisted or received an |
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appointment in the Texas National Guard, who has completed all |
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initial active duty training required as a condition of the |
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enlistment or appointment, and who on the date of filing the |
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person's application has not been dishonorably discharged from the |
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Texas National Guard; or
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(iv) served in the armed forces of the |
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Republic of Vietnam between February 28, 1961, and May 7, 1975, if |
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the board adopts a rule regarding these veterans under Subsection |
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(b); or |
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(v) has at least 15 years of active or |
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reserve state military service as a member of the Texas State |
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Guard; |
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(B) at the time of the person's enlistment, |
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induction, commissioning, appointment, or drafting was a bona fide |
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resident of this state or has resided in this state at least one |
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year immediately before the date of filing an application under |
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this chapter; and |
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(C) at the time of the person's application under |
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this chapter is a bona fide resident of this state. The term |
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includes the unmarried surviving spouse of a veteran who died or who |
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is identified as missing in action if the deceased or missing |
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veteran meets the requirements of this section, with the exception |
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that the deceased or missing veteran need not have served 90 days |
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under Paragraph (A)(i) of this subdivision, and if the deceased or |
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missing veteran was a bona fide resident of this state at the time |
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of enlistment, induction, commissioning, appointment, or drafting. |
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(8) "Commission" means the Texas Veterans Commission. |
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(b) Notwithstanding Subdivision (7) of Subsection (a) of |
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this section, the board may by rule change the definition of |
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"veteran" as necessary or appropriate to protect the best interests |
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of the program. If the board adopts a rule to change the definition |
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of "veteran" to include a person who served in the armed forces of |
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the Republic of Vietnam between February 28, 1961, and May 7, 1975, |
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the rule must include procedures for establishing proof of that |
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service. |
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(c) For purposes of this section, a person who has been |
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discharged from the branch of the service in which the person served |
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or from the Texas National Guard State Military Forces is |
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considered not to have been dishonorably discharged if the person: |
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(1) received an honorable discharge; |
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(2) received a discharge under honorable conditions; |
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or |
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(3) received a discharge and provides evidence from |
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the United States Department of Veterans Affairs, its successor, or |
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other competent authority that indicates that the character of the |
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person's duty has been determined to be other than dishonorable. |
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ARTICLE 4. EFFECTIVE DATE |
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SECTION 4.01. This Act takes effect September 1, 2017. |