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AN ACT
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relating to the review and functions of the Veterans' Land Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.001(a), Natural Resources Code, is |
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amended by adding Subdivision (8) to read as follows: |
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(8) "Commission" means the Texas Veterans Commission. |
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SECTION 2. Section 161.0111, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 161.0111. SUNSET PROVISION. The Veterans' Land Board |
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is subject to review under Chapter 325, Government Code (Texas |
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Sunset Act), but is not abolished under that chapter. The board |
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shall be reviewed during the period in which state agencies |
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abolished in 2019 [2007] and every 12th year after 2019 [2007] are |
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reviewed. |
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SECTION 3. Subchapter B, Chapter 161, Natural Resources |
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Code, is amended by amending Sections 161.023 through 161.026 and |
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adding Sections 161.0301, 161.034, 161.035, and 161.036 to read as |
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follows: |
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Sec. 161.023. TRAINING [CONFLICTS OF INTEREST]. (a) A |
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person who is appointed to and qualifies for office as a member of |
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the board may not vote, deliberate, or be counted as a member in |
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attendance at a meeting of the board until the person completes a |
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training program that complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the legislation that created the board; |
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(2) the programs, functions, rules, and budget of the |
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board; |
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(3) the results of the most recent formal audit of the |
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board; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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(5) any applicable ethics policies adopted by the |
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board or the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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the travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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or after the person qualifies for office. [An officer, employee, or
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paid consultant of a veterans' association or of a trade
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association in the field of real estate sales, brokerage, or
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development may not be an employee of the board, nor may a person
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who cohabits with or is the spouse of an officer, managerial
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employee, or paid consultant of a veterans' association or of a
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trade association in the field of real estate sales, brokerage, or
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development be an employee of the board grade 17 and over, including
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exempt employees, according to the position classification
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schedule under the General Appropriations Act.] |
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Sec. 161.024. CONFLICTS OF INTEREST [LOBBYIST AS BOARD
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EMPLOYEE]. (a) In this section, "Texas trade association" means a |
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cooperative and voluntarily joined statewide association of |
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business or professional competitors in this state designed to |
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assist its members and its industry or profession in dealing with |
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mutual business or professional problems and in promoting their |
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common interest. |
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(b) A person may not be an appointed member of the board and |
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may not be a board employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of real |
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property sales, brokerage, or development; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of real |
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property sales, brokerage, or development. |
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(c) A person may not be an appointed member of the board or |
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act as the general counsel to the board if the person is required to |
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register as a lobbyist under Chapter 305, Government Code, because |
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of the person's activities for compensation on behalf of a |
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profession related to the operation of the board [who is required to
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register as a lobbyist under Chapter 305, Government Code, by
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virtue of his activities for compensation in or on behalf of a
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profession related to the operation of the board, may not act as the
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general counsel to the board]. |
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Sec. 161.025. EQUAL PROTECTION FOR BOARD MEMBERS. |
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Appointments to the board shall be made without regard to the race, |
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color, disability [handicap], sex, religion, age, or national |
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origin of the appointees. |
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Sec. 161.026. REMOVAL OF BOARD MEMBER. (a) It is a ground |
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for removal from the board if an appointed member: |
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(1) does not have at the time of appointment the |
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qualifications required by Article III, Section 49-b, of the Texas |
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Constitution for appointment to the board; |
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(2) does not maintain during the service on the board |
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the qualifications required by Article III, Section 49-b, of the |
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Texas Constitution for appointment to the board; |
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(3) is ineligible for membership under Section |
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161.024; |
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(4) is unable to discharge his duties for a |
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substantial portion of the term for which he was appointed because |
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of illness or disability; or |
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(5) [(4)] is absent from more than one-half of the |
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regularly scheduled board meetings which the member is eligible to |
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attend during each calendar year, except when the absence is |
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excused by a majority vote of the board. |
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(b) The validity of an action of the board is not affected by |
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the fact that it was taken when a ground for removal of an appointed |
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member of the board existed. |
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(c) If the executive secretary has knowledge that a |
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potential ground for removal exists, the executive secretary [he] |
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shall notify the presiding officer [chairman] of the board of the |
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potential [such] ground. The presiding officer [chairman] of the |
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board shall then notify the governor and the attorney general that a |
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potential ground for removal exists. If the potential ground for |
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removal involves the presiding officer, the executive secretary |
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shall notify the next highest ranking officer of the board, who |
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shall then notify the governor and the attorney general that a |
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potential ground for removal exists. |
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Sec. 161.0301. INTERNAL AUDITOR. An internal auditor who |
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performs an audit function for the board shall: |
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(1) submit to the board any parts of the applicable |
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internal audit plan that relate to the board; and |
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(2) report to the board regarding the results of any |
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internal audits that relate to the board. |
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Sec. 161.034. COMPLAINTS. (a) The board shall maintain a |
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system to promptly and efficiently act on complaints filed with the |
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board. The board shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and the |
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disposition of the complaint. |
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(b) The board shall make information available describing |
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its procedures for complaint investigation and resolution. |
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(c) The board shall periodically notify the complaint |
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parties of the status of the complaint until final disposition. |
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Sec. 161.035. USE OF TECHNOLOGY. The board shall implement |
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a policy requiring the board to use appropriate technological |
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solutions to improve the board's ability to perform its functions. |
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The policy must ensure that the public is able to interact with the |
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board on the Internet. |
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Sec. 161.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The board shall develop and implement a policy to |
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encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of board rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the board's |
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jurisdiction, other than disputes governed by Section 161.311. |
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(b) The board's procedures relating to alternative dispute |
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resolution shall conform, to the extent possible, to any model |
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guidelines issued by the State Office of Administrative Hearings |
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for the use of alternative dispute resolution by state agencies. |
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(c) The board shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the board. |
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SECTION 4. Subchapter C, Chapter 161, Natural Resources |
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Code, is amended by amending Section 161.061 and adding Sections |
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161.076 through 161.079 to read as follows: |
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Sec. 161.061. GENERAL DUTIES OF BOARD. The board shall: |
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(1) authorize and execute negotiable bonds as provided |
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by law; |
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(2) provide by resolution for use of the fund in a |
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manner that will effectuate the intent of the constitution and the |
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law; |
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(3) prescribe the interest rates as provided by law; |
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(4) provide for the forfeiture of contracts of sale |
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and purchase and resale of forfeited land; |
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(5) conduct investigations it considers necessary; |
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(6) obtain and review any components of internal audit |
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plans that relate to board functions and approve those plans as |
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appropriate during public meetings of the board; |
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(7) obtain and review any internal audit reports that |
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relate to board functions and discuss those reports during public |
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meetings of the board; and |
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(8) [(6)] formulate policies and rules necessary and |
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not in conflict with the law to ensure the proper administration and |
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to carry out the intent and purposes of the law. |
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Sec. 161.076. MEMORANDUM OF UNDERSTANDING. (a) The board |
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shall enter into a memorandum of understanding with the commission. |
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The memorandum of understanding must specify the guidelines, |
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powers, and duties necessary for the board and the commission to |
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coordinate veterans benefits outreach activities. |
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(b) The memorandum of understanding must address board and |
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commission coordination with respect to the following veterans |
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benefits outreach activities: |
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(1) operation by the board of a consolidated |
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communications center; |
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(2) combined direct mail efforts; |
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(3) sharing veterans contact databases; |
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(4) dissemination of information through integrated |
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websites and a joint brochure; |
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(5) veterans benefits seminars; and |
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(6) any other veterans benefits outreach activity |
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determined by the board and the commission to be appropriate for |
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coordination by those agencies. |
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(c) The memorandum of understanding must identify the joint |
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and separate powers and duties of the board and the commission as |
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necessary to implement coordinated veterans benefits outreach |
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activities, including powers and duties relating to: |
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(1) reimbursements for coordinated activities; |
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(2) the management and funding of a consolidated |
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communications center; |
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(3) operating expenses associated with the |
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coordinated activities, including expenses relating to office |
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space, printing, and postage; |
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(4) the development and maintenance of integrated web |
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services regarding veterans benefits and services; |
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(5) the development and dissemination of a joint |
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brochure regarding veterans benefits and services; and |
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(6) joint presentations at or sponsorship of veterans |
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benefits seminars. |
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(d) The commission and the board shall periodically update |
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the memorandum of understanding and continue to explore additional |
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opportunities for coordination between the agencies regarding |
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their respective veterans benefits outreach activities. |
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(e) The commission and the board shall consider the |
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appropriate use of authorized bond proceeds and federal money to |
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ensure that each agency complies with applicable funding |
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constraints in entering into the memorandum of understanding. |
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Sec. 161.077. COMMUNICATIONS CENTER. (a) Based on the |
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memorandum of understanding described by Section 161.076, the board |
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shall operate a consolidated communications center to provide |
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information regarding the benefits and services available to |
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veterans of this state, including benefits and services offered by |
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the board and the commission. |
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(b) In operating the communications center, employees must |
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be knowledgeable about the functions of the center and be able to |
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access information regarding all available veterans benefits and |
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services and shall: |
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(1) answer the veterans toll-free hotline; and |
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(2) disseminate to veterans, including newly |
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discharged veterans, information regarding the benefits and |
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services, as appropriate. |
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Sec. 161.078. WEBSITE; BROCHURE. (a) Based on the |
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memorandum of understanding described by Section 161.076, the board |
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shall integrate web services and develop a hard-copy brochure that |
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provides in a centralized, comprehensive, and simplified format |
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information about all available veterans benefits and services, |
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including benefits and services offered by the board and the |
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commission. In integrating web services, the board shall develop a |
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single entry point to allow public access to information related to |
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all available veterans benefits and services. |
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(b) This section does not preclude the board or commission |
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from operating additional websites or disseminating other |
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information as determined appropriate by the board or the |
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commission, in accordance with the memorandum of understanding |
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provided under Section 161.076. |
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Sec. 161.079. BENEFITS SEMINARS. (a) To ensure that the |
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veterans of this state receive uniform information on all veterans |
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benefits and services available, the board and the commission |
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shall: |
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(1) jointly plan and provide state-sponsored veterans |
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benefits seminars; and |
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(2) coordinate the involvement of each agency in |
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seminars hosted for veterans by other organizations. |
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(b) Planning and coordination under this section must |
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ensure the consistent presentation of benefits and services |
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information by the board or the commission at seminars described by |
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this section. |
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SECTION 5. Not later than March 1, 2008, the Veterans' Land |
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Board shall enter into a memorandum of understanding with the Texas |
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Veterans Commission as required by Section 161.076, Natural |
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Resources Code, as added by this Act. |
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SECTION 6. The change in law made by Section 161.023, |
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Natural Resources Code, as amended by this Act, regarding training |
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for members of the Veterans' Land Board does not affect the |
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entitlement of a member serving on the board immediately before |
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September 1, 2007, to continue to serve and function as a member of |
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the board for the remainder of the member's term, unless otherwise |
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removed as provided by law. The change in law described by Section |
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161.023, Natural Resources Code, applies only to a member appointed |
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or reappointed on or after September 1, 2007. |
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SECTION 7. (a) The changes in law made by this Act in the |
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prohibitions or qualifications applying to a member of the |
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Veterans' Land Board do not affect the entitlement of a member |
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serving on the Veterans' Land Board immediately before September 1, |
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2007, to continue to serve and function as a member of the Veterans' |
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Land Board for the remainder of the member's term, unless otherwise |
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removed as provided by law. Those changes in law apply only to a |
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member appointed on or after September 1, 2007. |
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(b) Section 161.034, Natural Resources Code, as added by |
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this Act, relating to complaints filed with the Veterans' Land |
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Board applies only to a complaint filed on or after September 1, |
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2007. A complaint filed with the board before September 1, 2007, is |
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governed by the law as it existed immediately before that date, and |
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the former law is continued in effect for that purpose. |
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SECTION 8. On September 1, 2007: |
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(1) a full-time equivalent position of the Texas |
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Veterans Commission assigned to primarily perform functions |
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related to the operation of the commission's existing call center |
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becomes a full-time equivalent position of the Veterans' Land Board |
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for the purpose of performing those functions; |
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(2) all money appropriated by the legislature to the |
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Texas Veterans Commission to fund a full-time equivalent position |
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described by Subdivision (1) of this section is transferred to the |
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Veterans' Land Board; and |
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(3) a function or activity performed by the Texas |
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Veterans Commission in relation to the commission's existing call |
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center is transferred to the Veterans' Land Board to be performed by |
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employees as provided by this Act. |
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SECTION 9. The Texas Veterans Commission and the Veterans' |
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Land Board shall establish a transition plan for the transfer |
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described in Section 8 of this Act. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3140 was passed by the House on April |
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25, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3140 on May 21, 2007, by the following vote: Yeas 138, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3140 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |