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