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AN ACT
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relating to the transfer of the oversight of the Texas State |
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Cemetery to the State Preservation Board and to the creation of the |
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State Cemetery preservation trust fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2165.007(b), Government Code, is amended |
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to read as follows: |
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(b) Notwithstanding any other law, the commission shall |
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provide facilities management services in relation to all state |
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agency facilities in Travis County or a county adjacent to Travis |
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County. The commission's duty does not apply to: |
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(1) a facility owned or operated by an institution of |
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higher education; |
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(2) military facilities; |
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(3) facilities owned or operated by the Texas |
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Department of Criminal Justice; |
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(4) facilities owned or operated by the Texas Juvenile |
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Justice Department; |
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(5) facilities owned or operated by the Texas |
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Department of Transportation; |
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(6) the Capitol, including the Capitol Extension, the |
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General Land Office building, the Bob Bullock Texas State History |
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Museum, any museum located on the Capitol grounds, the Governor's |
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Mansion, and any property maintained by the Texas Historical |
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Commission under Sections 442.0072 and 442.0073; |
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(7) a facility determined by the commission to be |
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completely residential; |
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(8) a regional or field office of a state agency; |
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(9) a facility located within or on state park |
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property; |
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(10) the property known as the Finance Commission |
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Building described by deed recorded in Volume 5080, Page 1099, of |
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the Deed Records of Travis County, Texas; |
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(11) the property known as the Credit Union Department |
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Building described by deed recorded in Volume 6126, Page 27, of the |
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Deed Records of Travis County, Texas; |
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(12) facilities owned or operated by the Texas School |
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for the Blind and Visually Impaired; [or] |
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(13) facilities owned or operated by the Texas School |
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for the Deaf; or |
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(14) the property known as the Texas State Cemetery |
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described as 17.376 acres located at 801 Comal, Lot 5, Division B, |
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City of Austin, Travis County, Texas. |
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SECTION 2. Section 2165.256, Government Code, is amended by |
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amending Subsections (a), (e), (i), and (m) and adding Subsection |
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(a-1) to read as follows: |
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(a) In this section: |
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(1) "Board" means the State Preservation Board. |
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(2) "Committee" means the State Cemetery Committee. |
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(a-1) The board, in cooperation with the committee, shall |
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govern and provide oversight, adopt rules and policies, and provide |
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for the operation of the State Cemetery [State Cemetery Committee
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shall oversee all operations of the State Cemetery. The committee
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shall develop a budget for the operations of the commission
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relating to the State Cemetery and determine the salary of
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employees of the commission whose duties primarily relate to the
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operation of the State Cemetery]. |
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(e) The committee shall review the names of state officials |
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presented to the committee for consideration under Subsection |
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(d)(3), in proclamations under Subsection (d)(4), and in |
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resolutions under Subsection (d)(5). A person whose name is |
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presented to the committee or who is specified in a proclamation or |
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resolution is eligible for burial in the State Cemetery only if the |
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committee, following its review, finds that the person specified |
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made a significant contribution to Texas history and only if, based |
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on that finding, the committee approves the person's burial in the |
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cemetery. The committee may by order authorize a burial under |
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Subsection (d)(6) only if the committee finds that the person made a |
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significant contribution to Texas history, which may include a |
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person who served this state through public administration or |
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governmental service. |
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(i) The board, in collaboration with the committee, shall |
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adopt rules regulating the monuments erected in the State Cemetery. |
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(m) The committee shall consider for burial in the State |
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Cemetery persons who have made significant contributions to Texas |
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history and culture in the following fields: air and space, |
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agriculture, art and design, business and labor, city building, |
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education, governmental service, industry, justice, military |
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affairs, law enforcement, oil and gas, performing arts, |
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philanthropy, public administration, ranching, religion, science |
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and medicine, sports, and writing. |
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SECTION 3. Section 2165.2561, Government Code, is amended |
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by amending Subsections (a), (c), (g), (m), (p), (q), and (r) and |
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adding Subsection (a-1) to read as follows: |
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(a) In this section: |
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(1) "Board" means the State Preservation Board. |
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(2) "Committee" means the State Cemetery Committee. |
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(a-1) The committee [State Cemetery Committee] is composed |
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of: |
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(1) three voting members appointed as follows: |
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(A) one member of the general public appointed by |
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the governor; |
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(B) one member of the general public appointed by |
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the governor from a list submitted by the lieutenant governor; and |
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(C) one member of the general public appointed by |
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the governor from a list submitted by the speaker of the house of |
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representatives; and |
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(2) three nonvoting advisory members appointed as |
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follows: |
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(A) one employee of the Texas Historical |
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Commission appointed by the executive director of the Texas |
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Historical Commission; |
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(B) one employee of the board [Texas Building and
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Procurement Commission] appointed by the executive director of the |
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board [Texas Building and Procurement Commission]; and |
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(C) one employee of the Parks and Wildlife |
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Department appointed by the executive director of the Parks and |
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Wildlife Department. |
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(c) The voting members of the committee [appointed by the
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governor] are appointed for staggered terms of six years with one |
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member's term expiring February 1 of each odd-numbered year. The |
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advisory members of the committee serve at the will of the |
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appointing authority. |
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(g) A person is not eligible for appointment to the |
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committee under Subsection (a-1)(1) [by the governor] if the person |
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or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization receiving funds from the |
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committee; |
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(2) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization receiving funds from the committee; or |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or funds from the committee, other than |
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compensation or reimbursement authorized by law for committee |
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membership, attendance, or expenses. |
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(m) The board, in collaboration with the committee, may |
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adopt rules as necessary for the administration of the State |
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Cemetery. |
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(p) If the executive director of the board [commission] has |
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knowledge that a potential ground for removal from the committee |
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exists, the executive director shall notify the presiding officer |
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of the committee of the potential ground. The presiding officer |
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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 director |
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shall notify the next highest ranking officer of the committee, 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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(q) The executive director of the board [commission] or the |
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executive director's designee shall provide to members of the |
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committee, as often as necessary, information regarding the |
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requirements for office under this chapter, including information |
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regarding a person's responsibilities under applicable laws |
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relating to standards of conduct for state officers. |
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(r) A person who is appointed to and qualifies for office as |
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a member of the committee may not vote, deliberate, or be counted as |
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a member in attendance at a meeting of the committee until the |
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person completes a training program that complies with this |
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subsection. The training program must provide the person with |
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information regarding: |
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(1) the legislation that created the State Cemetery |
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and the committee [State Cemetery Committee]; |
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(2) the programs operated by the committee; |
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(3) the role and functions of the committee; |
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(4) the rules of the committee, with an emphasis on any |
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rules that relate to disciplinary and investigatory authority; |
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(5) [the current budget for the committee;
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[(6)] the results of the most recent formal audit of |
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cemetery operations; |
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(6) [(7)] the requirements of: |
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(A) the open meetings law, Chapter 551; |
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(B) the public information law, Chapter 552; |
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(C) the administrative procedure law, Chapter |
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2001; and |
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(D) other laws relating to public officials, |
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including conflict-of-interest laws; and |
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(7) [(8)] any applicable ethics policies adopted by |
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the board [commission], the committee, or the Texas Ethics |
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Commission. |
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SECTION 4. Subchapter F, Chapter 2165, Government Code, is |
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amended by adding Section 2165.2565 to read as follows: |
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Sec. 2165.2565. STATE CEMETERY PRESERVATION TRUST FUND. |
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(a) The State Cemetery preservation trust fund is created as a |
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trust fund outside the state treasury to be held with the |
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comptroller in trust. The State Preservation Board, in |
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consultation with the State Cemetery Committee, shall administer |
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the fund as trustee on behalf of the people of this state. The fund |
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consists of money: |
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(1) transferred or appropriated to the fund; and |
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(2) received by the State Cemetery Committee under |
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Section 2165.256(s) and deposited to the fund by the State |
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Preservation Board for the committee. |
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(b) The interest received from investment of money in the |
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fund shall be credited to the fund. |
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(c) Money in the fund may be used only to: |
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(1) maintain, renovate, make major repairs or capital |
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improvements to, or preserve the State Cemetery, as determined by |
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the State Preservation Board; or |
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(2) acquire land in close proximity to the State |
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Cemetery for expansion of the cemetery. |
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SECTION 5. The following provisions of the Government Code |
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are repealed: |
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(1) Sections 2165.256(b), (b-1), and (r); and |
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(2) Sections 2165.2561(k), (l), and (t). |
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SECTION 6. (a) On the effective date of this Act: |
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(1) an employee of the Texas Facilities Commission who |
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was performing duties exclusively related to the Texas State |
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Cemetery becomes an employee of the State Preservation Board; |
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(2) all money, contracts, leases, rights, and |
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obligations of the Texas Facilities Commission related to the Texas |
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State Cemetery are transferred to the State Preservation Board; |
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(3) all property, including records, in the custody of |
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the Texas Facilities Commission related to the Texas State Cemetery |
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becomes the property of the State Preservation Board; and |
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(4) all funds appropriated by the legislature to the |
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Texas Facilities Commission related to the Texas State Cemetery are |
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transferred to the State Preservation Board and may be disbursed to |
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the State Cemetery Committee as provided by this Act. |
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(b) A rule adopted by the State Cemetery Committee or the |
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Texas Facilities Commission related to the Texas State Cemetery |
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before the effective date of this Act is continued in effect as a |
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rule of the State Preservation Board until amended or repealed by |
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the board. |
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(c) A function or activity performed by the Texas Facilities |
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Commission related to the Texas State Cemetery is transferred to |
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the State Preservation Board as provided by this Act. |
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(d) As soon as practicable after the effective date of this |
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Act, the State Preservation Board shall appoint a nonvoting |
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advisory member to the State Cemetery Committee as required by |
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Section 2165.2561(a-1)(2), Government Code, as amended by this Act. |
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SECTION 7. Notwithstanding Section 222.002, Transportation |
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Code, or any other law, as soon as practicable after the sale of |
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property that is the subject of Section 2165.256(b-1), Government |
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Code, as that section existed immediately before the effective date |
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of this Act, the comptroller of public accounts shall transfer from |
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the state highway fund to the State Cemetery preservation trust |
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fund, as created by this Act, an amount of money equal to the |
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portion of the proceeds attributable to the sale of that property |
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that is required to be deposited by the Texas Department of |
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Transportation in a subaccount in the state highway fund for use by |
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the State Preservation Board for the State Cemetery Committee under |
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the terms of a memorandum of understanding entered into between the |
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department and the State Cemetery Committee. |
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SECTION 8. To the extent of any conflict, this Act controls |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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that is enacted and becomes law, relating to the creation of the |
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State Cemetery preservation trust fund. |
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SECTION 9. This Act takes effect September 1, 2015. |
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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. 2206 was passed by the House on May |
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15, 2015, by the following vote: Yeas 139, 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. 2206 on May 30, 2015, by the following vote: Yeas 144, 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. 2206 was passed by the Senate, with |
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amendments, on May 26, 2015, 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 |