| 1 | 1 | | 81R11415 MCK-D |
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| 2 | 2 | | By: Farias H.B. No. 2359 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for burial in the State Cemetery. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2165.256, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (d) and adding Subsection (e-1) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (d) Persons eligible for burial in the State Cemetery are: |
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| 13 | 13 | | (1) a former member of the legislature or a member who |
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| 14 | 14 | | dies in office; |
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| 15 | 15 | | (2) a former elective state official or an elective |
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| 16 | 16 | | state official who dies in office; |
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| 17 | 17 | | (3) a former state official or a state official who |
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| 18 | 18 | | dies in office who has been appointed by the governor and confirmed |
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| 19 | 19 | | by the senate and who served at least 12 years in the office to which |
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| 20 | 20 | | appointed; |
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| 21 | 21 | | (4) a person specified by a governor's proclamation, |
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| 22 | 22 | | subject to review and approval by the committee under Subsection |
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| 23 | 23 | | (e); |
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| 24 | 24 | | (5) a person specified by a concurrent resolution |
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| 25 | 25 | | adopted by the legislature, subject to review and approval by the |
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| 26 | 26 | | committee under Subsection (e); [and] |
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| 27 | 27 | | (6) a person specified by order of the committee under |
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| 28 | 28 | | Subsection (e); and |
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| 29 | 29 | | (7) a member of the state military forces as defined by |
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| 30 | 30 | | Section 431.001 who served on state active duty. |
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| 31 | 31 | | (e-1) A member of the state military forces is not eligible |
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| 32 | 32 | | for burial in the State Cemetery under Subsection (d)(7) if the |
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| 33 | 33 | | person is eligible for burial in a veterans cemetery under federal |
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| 34 | 34 | | law. This subsection does not affect a person's eligibility for |
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| 35 | 35 | | burial under a provision of Subsection (d) other than Subsection |
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| 36 | 36 | | (d)(7). |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2009. |
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