Texas 2009 - 81st Regular

Texas House Bill HB3071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4269 MCK-D
2	2	By: Geren H.B. No. 3071
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to benefits for members and veterans of the United States
8	8	armed forces and the state military forces.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is
11	11	amended by adding Chapter 73 to read as follows:
12	12	CHAPTER 73. EXEMPTION FROM CERTAIN BUSINESS REGULATIONS
13	13	Sec. 73.001. DEFINITION. In this chapter, "license" means
14	14	a license, certificate of registration, permit, or other
15	15	authorization issued by this state or a political subdivision of
16	16	this state to operate a business.
17	17	Sec. 73.002. EXEMPTION FOR VETERANS FROM LICENSE FEES. (a)
18	18	A veteran of the United States armed forces who was discharged under
19	19	honorable conditions may not be assessed a fee to obtain a license
20	20	to operate a business selling goods in this state.
21	21	(b) The exemption provided by this section does not apply to
22	22	a permit or license issued under the Alcoholic Beverage Code.
23	23	SECTION 2. Section 105.003(a), Business & Commerce Code, is
24	24	amended to read as follows:
25	25	(a) A person who operates a service station shall provide,
26	26	on request, refueling service to a person with a disability who is
27	27	the driver of a vehicle and displays:
28	28	(1) a license plate issued under Section 504.201,
29	29	504.202, or 504.203, Transportation Code; or
30	30	(2) a disabled parking placard issued under Section
31	31	681.004, Transportation Code.
32	32	SECTION 3. Section 406.007, Government Code, is amended by
33	33	adding Subsection (c) to read as follows:
34	34	(c) The secretary of state may not impose the fees for a
35	35	notary public commission under Subsections (a) and (b) on a
36	36	disabled veteran who has a service-connected disability of at least
37	37	50 percent.
38	38	SECTION 4. Subchapter A, Chapter 431, Government Code, is
39	39	amended by adding Section 431.0176 to read as follows:
40	40	Sec. 431.0176. TEXAS FLAG FOR STATE MILITARY
41	41	PERSONNEL. (a) On the request of a person listed in Subsection
42	42	(b), the adjutant general shall provide the person with a Texas flag
43	43	for use in the funeral service for a decedent who served in the
44	44	state military forces.
45	45	(b) The following persons may request a Texas flag from the
46	46	adjutant general:
47	47	(1) the decedent's spouse;
48	48	(2) the decedent's adult children, if there is no
49	49	spouse;
50	50	(3) the decedent's parents, if there is no spouse or
51	51	adult child;
52	52	(4) the decedent's brothers or sisters, if there is no
53	53	spouse, adult child, or parent; or
54	54	(5) the executor or administrator of the decedent's
55	55	estate, if there is no spouse, adult child, parent, or brother or
56	56	sister.
57	57	(c) The adjutant general shall adopt rules to implement this
58	58	section.
59	59	SECTION 5. Subchapter B, Chapter 431, Government Code, is
60	60	amended by adding Section 431.0362 to read as follows:
61	61	Sec. 431.0362. USE OF ARMORIES. (a) In this section,
62	62	"veterans organization" means a nonprofit organization:
63	63	(1) whose members are veterans or dependents of
64	64	veterans of the armed forces of the United States; and
65	65	(2) that is chartered by the United States Congress
66	66	and organized to advance the interests of veterans or active duty
67	67	personnel of the armed forces of the United States and their
68	68	dependents.
69	69	(b) The adjutant general shall adopt rules to allow a
70	70	veterans organization to use a national guard armory for meetings
71	71	and functions of the veterans organization. The veterans
72	72	organization may not be charged a fee for the use of a national
73	73	guard armory under this section.
74	74	SECTION 6. Section 431.039, Government Code, is amended to
75	75	read as follows:
76	76	Sec. 431.039. EXEMPTION FROM FEES FOR MILITARY PERSONNEL
77	77	AND VETERANS [BEING DEPLOYED]. A member of the National Guard on
78	78	federal active duty, or a member of the armed forces of the United
79	79	States on active duty, who is preparing to be deployed to serve in a
80	80	hostile fire zone as designated by the United States secretary of
81	81	defense or who has returned from active duty is exempt from paying
82	82	the following state or local governmental fees the member incurs
83	83	because of the deployment to arrange the member's personal affairs
84	84	or to receive benefits from the United States Department of
85	85	Veterans Affairs:
86	86	(1) fees for obtaining copies of:
87	87	(A) a birth certificate;
88	88	(B) a recorded marriage license;
89	89	(C) a divorce decree;
90	90	(D) a child support order;
91	91	(E) guardianship documents; and
92	92	(F) property tax records;
93	93	(2) fees for issuing a marriage license or duplicate
94	94	marriage license; and
95	95	(3) fees for transferring title to real or personal
96	96	property.
97	97	SECTION 7. Chapter 431, Government Code, is amended by
98	98	adding Subchapter K to read as follows:
99	99	SUBCHAPTER K. LOANS TO NATIONAL GUARD MEMBERS CALLED
100	100	TO ACTIVE DUTY
101	101	Sec. 431.201. LOAN PROGRAM. The adjutant general shall
102	102	create a program to provide interest-free loans to support members
103	103	of the Texas National Guard who are called to federal active duty
104	104	and their families.
105	105	Sec. 431.202. NATIONAL GUARD TEMPORARY ASSISTANCE ACCOUNT.
106	106	(a) The national guard temporary assistance account is an account
107	107	in the general revenue fund.
108	108	(b) The money in the account may be appropriated only for
109	109	the purpose of making loans under this subchapter.
110	110	(c) The adjutant general shall deposit to the credit of the
111	111	account all loan payments made by a member of the Texas National
112	112	Guard for a loan under this subchapter.
113	113	Sec. 431.203. GIFTS AND GRANTS. The adjutant general may
114	114	solicit and accept gifts and grants from any source, including any
115	115	governmental entity, any private or public corporation, and any
116	116	other person, for the purposes of this subchapter. The adjutant
117	117	general shall deposit a gift or grant to the credit of the national
118	118	guard temporary assistance account.
119	119	Sec. 431.204. RULES. The adjutant general shall adopt
120	120	rules as necessary to administer the loan program, including rules
121	121	relating to the application procedure, financial qualifications,
122	122	loan repayment, and default.
123	123	SECTION 8. Subchapter A, Chapter 434, Government Code, is
124	124	amended by adding Sections 434.019 and 434.020 to read as follows:
125	125	Sec. 434.019. ROSTER OF WOMEN VETERANS. The Texas Veterans
126	126	Commission shall create a roster of women veterans who reside in
127	127	this state to assist the commission in ensuring that women veterans
128	128	receive their veterans benefits. The commission shall use the
129	129	roster to communicate with women veterans about events that affect
130	130	women veterans, benefits that are available to women veterans, and
131	131	any other issue related to veterans. The roster is confidential and
132	132	may not be disclosed under Chapter 552, Government Code.
133	133	Sec. 434.020. DISABLED VETERAN IDENTIFICATION CARDS. (a)
134	134	In this section:
135	135	(1) "Commission" means the Texas Veterans Commission.
136	136	(2) "Disabled veteran" means a person who:
137	137	(A) has served in:
138	138	(i) the army, navy, air force, coast guard,
139	139	or marine corps of the United States or the United States Public
140	140	Health Service under 42 U.S.C. Section 201 et seq.;
141	141	(ii) the state military forces as defined
142	142	by Section 431.001; or
143	143	(iii) an auxiliary service of one of those
144	144	branches of the armed forces;
145	145	(B) has been honorably discharged from the branch
146	146	of the service in which the person served; and
147	147	(C) has a service-connected disability.
148	148	(b) The commission shall issue an identification card to
149	149	each disabled veteran residing in this state who:
150	150	(1) applies for an identification card; and
151	151	(2) provides proof of the person's status as a disabled
152	152	veteran.
153	153	(c) The identification card must include:
154	154	(1) the full name of the disabled veteran;
155	155	(2) a photograph of the disabled veteran consistent
156	156	with the disabled veteran's appearance;
157	157	(3) the branch of United States armed forces in which
158	158	the disabled veteran served;
159	159	(4) the signature of the executive director of the
160	160	commission;
161	161	(5) a brief description of the disabled veteran,
162	162	including the disabled veteran's height, weight, and eye color;
163	163	(6) the thumbprint of the disabled veteran or a bar
164	164	code with a unique identification label for the disabled veteran;
165	165	(7) the date the card was issued to the disabled
166	166	veteran;
167	167	(8) the disability status of the disabled veteran; and
168	168	(9) a telephone number operational 24 hours a day,
169	169	seven days a week that a person may call to verify the validity of
170	170	the identification card.
171	171	(d) On the identification card, the commission shall print:
172	172	(1) "State of Texas" and the state seal; and
173	173	(2) "This identification card certifies that (insert
174	174	name of disabled veteran) is an honorably discharged disabled
175	175	veteran who served in the United States armed forces and is entitled
176	176	to benefits as a disabled veteran."
177	177	(e) An identification card issued under this subchapter
178	178	expires on a date specified by the commission.
179	179	(f) An identification card issued under this subchapter
180	180	must be, to the extent practicable, tamper-proof.
181	181	(g) If an identification card issued under this subchapter
182	182	is lost or stolen, the commission may:
183	183	(1) require a disabled veteran to submit an affidavit
184	184	executed by the disabled veteran that the identification card was
185	185	lost or stolen; and
186	186	(2) issue a duplicate identification card to the
187	187	disabled veteran.
188	188	SECTION 9. Subtitle C, Title 4, Government Code, is amended
189	189	by adding Chapter 437 to read as follows:
190	190	CHAPTER 437. BENEFITS FOR CERTAIN
191	191	MILITARY VETERANS AND THEIR SURVIVORS
192	192	SUBCHAPTER A. GENERAL PROVISIONS
193	193	Sec. 437.001. DEFINITION. In this chapter, "eligible
194	194	survivor" means a person eligible to receive benefits under this
195	195	chapter.
196	196	Sec. 437.002. ADDITIONAL BENEFIT. The benefits provided
197	197	under this chapter are in addition to any other benefit provided
198	198	under state or federal law.
199	199	[Sections 437.003-437.050 reserved for expansion]
200	200	SUBCHAPTER B. ADMINISTRATION OF CHAPTER
201	201	Sec. 437.051. COMPTROLLER. (a) Except as provided by
202	202	Section 437.052, the comptroller shall administer this chapter,
203	203	including payment of benefits.
204	204	(b) The comptroller shall prescribe forms necessary to
205	205	administer this chapter.
206	206	Sec. 437.052. ADJUTANT GENERAL. The adjutant general shall
207	207	administer this chapter for the payment of benefits to:
208	208	(1) members of the United States armed forces;
209	209	(2) members of the Texas National Guard on federal
210	210	active duty under Title 10, United States Code; and
211	211	(3) eligible survivors.
212	212	Sec. 437.053. RULES. The comptroller and adjutant general
213	213	shall adopt rules to administer this chapter, including rules and
214	214	procedures for making and proving a claim, appealing decisions, and
215	215	receiving benefits under this chapter.
216	216	[Sections 437.054-437.100 reserved for expansion]
217	217	SUBCHAPTER C. PAYMENTS TO DISABLED MILITARY VETERANS
218	218	Sec. 437.101. ELIGIBILITY. This subchapter applies only to
219	219	members of the United States armed forces and members of the Texas
220	220	National Guard on federal active duty under Title 10, United States
221	221	Code.
222	222	Sec. 437.102. PAYMENT TO DISABLED VETERAN. The state shall
223	223	pay $5,000 to a member of the United States armed forces or Texas
224	224	National Guard described by Section 437.101 who became disabled
225	225	while serving on federal active duty in a combat zone or in a
226	226	hazardous duty area.
227	227	Sec. 437.103. APPLICATION FOR BENEFITS. A disabled veteran
228	228	must apply for benefits in accordance with rules adopted under this
229	229	chapter.
230	230	[Sections 437.104-437.150 reserved for expansion]
231	231	SUBCHAPTER D. PAYMENTS TO ELIGIBLE SURVIVORS
232	232	Sec. 437.151. APPLICABILITY. This subchapter applies only
233	233	to eligible survivors of a member of the United States armed forces
234	234	or of a member of the Texas National Guard on federal active duty
235	235	under Title 10, United States Code, who died while serving in a
236	236	combat zone or in a hazardous duty area.
237	237	Sec. 437.152. ELIGIBILITY. (a) In this section, "heirs"
238	238	has the meaning assigned by Section 3, Texas Probate Code.
239	239	(b) An eligible survivor is a person designated as a
240	240	beneficiary on the deceased individual's group life insurance
241	241	program under 38 U.S.C. Section 1965 et seq. If a beneficiary for
242	242	that individual is not listed on the policy, the eligible survivors
243	243	are the heirs.
244	244	Sec. 437.153. PAYMENT TO ELIGIBLE SURVIVOR. The state
245	245	shall pay $3,000 to the eligible survivor of an individual or the
246	246	appropriate pro rata portion of that amount to the eligible
247	247	survivors of the individual.
248	248	Sec. 437.154. APPLICATION FOR AND PAYMENT OF BENEFITS. An
249	249	eligible survivor must apply for benefits in accordance with this
250	250	chapter.
251	251	SECTION 10. Chapter 250, Local Government Code, is amended
252	252	by adding Section 250.006 to read as follows:
253	253	Sec. 250.006. DISABLED VETERANS EXEMPT FROM FEES. A county
254	254	and a municipality may not impose a fee for a permit as defined by
255	255	Section 245.001 required to perform any construction to make the
256	256	primary residence of a veteran of the United States armed forces who
257	257	has a service-connected disability handicap accessible.
258	258	SECTION 11. Chapter 371, Transportation Code, as added by
259	259	Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
260	260	Legislature, Regular Session, 2007, is reenacted, redesignated as
261	261	Chapter 372, Transportation Code, and amended to read as follows:
262	262	CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
263	263	TOLL PROJECT
264	264	SUBCHAPTER A. GENERAL PROVISIONS
265	265	Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
266	266	(1) "Toll project" means a toll project described by
267	267	Section 201.001(b), regardless of whether the toll project:
268	268	(A) is a part of the state highway system; or
269	269	(B) is subject to the jurisdiction of the
270	270	department.
271	271	(2) "Toll project entity" means an entity authorized
272	272	by law to acquire, design, construct, finance, operate, and
273	273	maintain a toll project, including:
274	274	(A) the department under Chapter 227 or 228;
275	275	(B) a regional tollway authority under Chapter
276	276	366;
277	277	(C) a regional mobility authority under Chapter
278	278	370; or
279	279	(D) a county under Chapter 284.
280	280	SUBCHAPTER B. TOLL PROJECT OPERATION
281	281	Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
282	282	OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
283	283	use motor vehicle registration or other information derived from a
284	284	license plate on a vehicle using a toll project, including
285	285	information obtained by the use of automated enforcement technology
286	286	described by Section 228.058, for purposes other than those related
287	287	to:
288	288	(1) toll collection and toll collection enforcement;
289	289	and
290	290	(2) law enforcement purposes on request by a law
291	291	enforcement agency[, subject to Section 228.058(d)].
292	292	(b) If a toll project entity enters into an agreement with
293	293	an entity in another state that involves the exchange of motor
294	294	vehicle registration or license plate information for toll
295	295	collection or toll collection enforcement purposes, the agreement
296	296	must provide that the information may not be used for purposes other
297	297	than those described in Subsection (a).
298	298	Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
299	299	DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
300	300	[(1) "Toll project" means a toll project described by
301	301	Section 201.001(b), regardless of whether the toll project is:
302	302	[(A) a part of the state highway system; or
303	303	[(B) subject to the jurisdiction of the
304	304	department.
305	305	[(2) "Toll project entity" means an entity authorized
306	306	by law to acquire, design, construct, finance, operate, and
307	307	maintain a toll project, including:
308	308	[(A) the department under Chapter 227 or 228;
309	309	[(B) a regional tollway authority under Chapter
310	310	366;
311	311	[(C) a regional mobility authority under Chapter
312	312	370; or
313	313	[(D) a county under Chapter 284.
314	314	[(b)] A toll project entity may not require a vehicle
315	315	registered under Section 502.203 to pay a toll for the use of a toll
316	316	project.
317	317	Sec. 372.053. VETERAN PROGRAM. A toll project entity shall
318	318	establish a program for certain electronic toll collection
319	319	customers who are veterans. The program must include free use of
320	320	the entity's toll project by an electronic toll collection customer
321	321	whose account relates to a vehicle registered:
322	322	(1) under Section 504.202;
323	323	(2) under Section 504.315(g); or
324	324	(3) by a person who has received the Medal of Honor.
325	325	SECTION 12. Subtitle K, Title 6, Transportation Code, is
326	326	amended by adding Chapter 462 to read as follows:
327	327	CHAPTER 462. MISCELLANEOUS PROVISIONS APPLICABLE TO PUBLIC
328	328	TRANSPORTATION PROVIDERS
329	329	Sec. 462.001. DEFINITION. In this chapter, "public
330	330	transportation provider" has the meaning assigned by Section
331	331	461.002.
332	332	Sec. 462.002. DISABLED VETERANS. A public transportation
333	333	provider shall provide free service to disabled veterans who have a
334	334	service-connected disability of at least 50 percent.
335	335	SECTION 13. Section 504.202(a), Transportation Code, is
336	336	amended to read as follows:
337	337	(a) A person entitled to specialty license plates under this
338	338	section may register, for the person's own use, one vehicle without
339	339	payment of any fee paid for or at the time of registration,
340	340	including [except] the fee for the license plates. Registration
341	341	under this section is valid for one year.
342	342	SECTION 14. This Act takes effect immediately if it
343	343	receives a vote of two-thirds of all the members elected to each
344	344	house, as provided by Section 39, Article III, Texas Constitution.
345	345	If this Act does not receive the vote necessary for immediate
346	346	effect, this Act takes effect September 1, 2009.