81R4269 MCK-D
By: Geren H.B. No. 3071
A BILL TO BE ENTITLED
AN ACT
relating to benefits for members and veterans of the United States
armed forces and the state military forces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is
amended by adding Chapter 73 to read as follows:
CHAPTER 73. EXEMPTION FROM CERTAIN BUSINESS REGULATIONS
Sec. 73.001. DEFINITION. In this chapter, "license" means
a license, certificate of registration, permit, or other
authorization issued by this state or a political subdivision of
this state to operate a business.
Sec. 73.002. EXEMPTION FOR VETERANS FROM LICENSE FEES. (a)
A veteran of the United States armed forces who was discharged under
honorable conditions may not be assessed a fee to obtain a license
to operate a business selling goods in this state.
(b) The exemption provided by this section does not apply to
a permit or license issued under the Alcoholic Beverage Code.
SECTION 2. Section 105.003(a), Business & Commerce Code, is
amended to read as follows:
(a) A person who operates a service station shall provide,
on request, refueling service to a person with a disability who is
the driver of a vehicle and displays:
(1) a license plate issued under Section 504.201,
504.202, or 504.203, Transportation Code; or
(2) a disabled parking placard issued under Section
681.004, Transportation Code.
SECTION 3. Section 406.007, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The secretary of state may not impose the fees for a
notary public commission under Subsections (a) and (b) on a
disabled veteran who has a service-connected disability of at least
50 percent.
SECTION 4. Subchapter A, Chapter 431, Government Code, is
amended by adding Section 431.0176 to read as follows:
Sec. 431.0176. TEXAS FLAG FOR STATE MILITARY
PERSONNEL. (a) On the request of a person listed in Subsection
(b), the adjutant general shall provide the person with a Texas flag
for use in the funeral service for a decedent who served in the
state military forces.
(b) The following persons may request a Texas flag from the
adjutant general:
(1) the decedent's spouse;
(2) the decedent's adult children, if there is no
spouse;
(3) the decedent's parents, if there is no spouse or
adult child;
(4) the decedent's brothers or sisters, if there is no
spouse, adult child, or parent; or
(5) the executor or administrator of the decedent's
estate, if there is no spouse, adult child, parent, or brother or
sister.
(c) The adjutant general shall adopt rules to implement this
section.
SECTION 5. Subchapter B, Chapter 431, Government Code, is
amended by adding Section 431.0362 to read as follows:
Sec. 431.0362. USE OF ARMORIES. (a) In this section,
"veterans organization" means a nonprofit organization:
(1) whose members are veterans or dependents of
veterans of the armed forces of the United States; and
(2) that is chartered by the United States Congress
and organized to advance the interests of veterans or active duty
personnel of the armed forces of the United States and their
dependents.
(b) The adjutant general shall adopt rules to allow a
veterans organization to use a national guard armory for meetings
and functions of the veterans organization. The veterans
organization may not be charged a fee for the use of a national
guard armory under this section.
SECTION 6. Section 431.039, Government Code, is amended to
read as follows:
Sec. 431.039. EXEMPTION FROM FEES FOR MILITARY PERSONNEL
AND VETERANS [BEING DEPLOYED]. A member of the National Guard on
federal active duty, or a member of the armed forces of the United
States on active duty, who is preparing to be deployed to serve in a
hostile fire zone as designated by the United States secretary of
defense or who has returned from active duty is exempt from paying
the following state or local governmental fees the member incurs
because of the deployment to arrange the member's personal affairs
or to receive benefits from the United States Department of
Veterans Affairs:
(1) fees for obtaining copies of:
(A) a birth certificate;
(B) a recorded marriage license;
(C) a divorce decree;
(D) a child support order;
(E) guardianship documents; and
(F) property tax records;
(2) fees for issuing a marriage license or duplicate
marriage license; and
(3) fees for transferring title to real or personal
property.
SECTION 7. Chapter 431, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. LOANS TO NATIONAL GUARD MEMBERS CALLED
TO ACTIVE DUTY
Sec. 431.201. LOAN PROGRAM. The adjutant general shall
create a program to provide interest-free loans to support members
of the Texas National Guard who are called to federal active duty
and their families.
Sec. 431.202. NATIONAL GUARD TEMPORARY ASSISTANCE ACCOUNT.
(a) The national guard temporary assistance account is an account
in the general revenue fund.
(b) The money in the account may be appropriated only for
the purpose of making loans under this subchapter.
(c) The adjutant general shall deposit to the credit of the
account all loan payments made by a member of the Texas National
Guard for a loan under this subchapter.
Sec. 431.203. GIFTS AND GRANTS. The adjutant general may
solicit and accept gifts and grants from any source, including any
governmental entity, any private or public corporation, and any
other person, for the purposes of this subchapter. The adjutant
general shall deposit a gift or grant to the credit of the national
guard temporary assistance account.
Sec. 431.204. RULES. The adjutant general shall adopt
rules as necessary to administer the loan program, including rules
relating to the application procedure, financial qualifications,
loan repayment, and default.
SECTION 8. Subchapter A, Chapter 434, Government Code, is
amended by adding Sections 434.019 and 434.020 to read as follows:
Sec. 434.019. ROSTER OF WOMEN VETERANS. The Texas Veterans
Commission shall create a roster of women veterans who reside in
this state to assist the commission in ensuring that women veterans
receive their veterans benefits. The commission shall use the
roster to communicate with women veterans about events that affect
women veterans, benefits that are available to women veterans, and
any other issue related to veterans. The roster is confidential and
may not be disclosed under Chapter 552, Government Code.
Sec. 434.020. DISABLED VETERAN IDENTIFICATION CARDS. (a)
In this section:
(1) "Commission" means the Texas Veterans Commission.
(2) "Disabled veteran" means a person who:
(A) has served in:
(i) the army, navy, air force, coast guard,
or marine corps of the United States or the United States Public
Health Service under 42 U.S.C. Section 201 et seq.;
(ii) the state military forces as defined
by Section 431.001; or
(iii) an auxiliary service of one of those
branches of the armed forces;
(B) has been honorably discharged from the branch
of the service in which the person served; and
(C) has a service-connected disability.
(b) The commission shall issue an identification card to
each disabled veteran residing in this state who:
(1) applies for an identification card; and
(2) provides proof of the person's status as a disabled
veteran.
(c) The identification card must include:
(1) the full name of the disabled veteran;
(2) a photograph of the disabled veteran consistent
with the disabled veteran's appearance;
(3) the branch of United States armed forces in which
the disabled veteran served;
(4) the signature of the executive director of the
commission;
(5) a brief description of the disabled veteran,
including the disabled veteran's height, weight, and eye color;
(6) the thumbprint of the disabled veteran or a bar
code with a unique identification label for the disabled veteran;
(7) the date the card was issued to the disabled
veteran;
(8) the disability status of the disabled veteran; and
(9) a telephone number operational 24 hours a day,
seven days a week that a person may call to verify the validity of
the identification card.
(d) On the identification card, the commission shall print:
(1) "State of Texas" and the state seal; and
(2) "This identification card certifies that (insert
name of disabled veteran) is an honorably discharged disabled
veteran who served in the United States armed forces and is entitled
to benefits as a disabled veteran."
(e) An identification card issued under this subchapter
expires on a date specified by the commission.
(f) An identification card issued under this subchapter
must be, to the extent practicable, tamper-proof.
(g) If an identification card issued under this subchapter
is lost or stolen, the commission may:
(1) require a disabled veteran to submit an affidavit
executed by the disabled veteran that the identification card was
lost or stolen; and
(2) issue a duplicate identification card to the
disabled veteran.
SECTION 9. Subtitle C, Title 4, Government Code, is amended
by adding Chapter 437 to read as follows:
CHAPTER 437. BENEFITS FOR CERTAIN
MILITARY VETERANS AND THEIR SURVIVORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 437.001. DEFINITION. In this chapter, "eligible
survivor" means a person eligible to receive benefits under this
chapter.
Sec. 437.002. ADDITIONAL BENEFIT. The benefits provided
under this chapter are in addition to any other benefit provided
under state or federal law.
[Sections 437.003-437.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION OF CHAPTER
Sec. 437.051. COMPTROLLER. (a) Except as provided by
Section 437.052, the comptroller shall administer this chapter,
including payment of benefits.
(b) The comptroller shall prescribe forms necessary to
administer this chapter.
Sec. 437.052. ADJUTANT GENERAL. The adjutant general shall
administer this chapter for the payment of benefits to:
(1) members of the United States armed forces;
(2) members of the Texas National Guard on federal
active duty under Title 10, United States Code; and
(3) eligible survivors.
Sec. 437.053. RULES. The comptroller and adjutant general
shall adopt rules to administer this chapter, including rules and
procedures for making and proving a claim, appealing decisions, and
receiving benefits under this chapter.
[Sections 437.054-437.100 reserved for expansion]
SUBCHAPTER C. PAYMENTS TO DISABLED MILITARY VETERANS
Sec. 437.101. ELIGIBILITY. This subchapter applies only to
members of the United States armed forces and members of the Texas
National Guard on federal active duty under Title 10, United States
Code.
Sec. 437.102. PAYMENT TO DISABLED VETERAN. The state shall
pay $5,000 to a member of the United States armed forces or Texas
National Guard described by Section 437.101 who became disabled
while serving on federal active duty in a combat zone or in a
hazardous duty area.
Sec. 437.103. APPLICATION FOR BENEFITS. A disabled veteran
must apply for benefits in accordance with rules adopted under this
chapter.
[Sections 437.104-437.150 reserved for expansion]
SUBCHAPTER D. PAYMENTS TO ELIGIBLE SURVIVORS
Sec. 437.151. APPLICABILITY. This subchapter applies only
to eligible survivors of a member of the United States armed forces
or of a member of the Texas National Guard on federal active duty
under Title 10, United States Code, who died while serving in a
combat zone or in a hazardous duty area.
Sec. 437.152. ELIGIBILITY. (a) In this section, "heirs"
has the meaning assigned by Section 3, Texas Probate Code.
(b) An eligible survivor is a person designated as a
beneficiary on the deceased individual's group life insurance
program under 38 U.S.C. Section 1965 et seq. If a beneficiary for
that individual is not listed on the policy, the eligible survivors
are the heirs.
Sec. 437.153. PAYMENT TO ELIGIBLE SURVIVOR. The state
shall pay $3,000 to the eligible survivor of an individual or the
appropriate pro rata portion of that amount to the eligible
survivors of the individual.
Sec. 437.154. APPLICATION FOR AND PAYMENT OF BENEFITS. An
eligible survivor must apply for benefits in accordance with this
chapter.
SECTION 10. Chapter 250, Local Government Code, is amended
by adding Section 250.006 to read as follows:
Sec. 250.006. DISABLED VETERANS EXEMPT FROM FEES. A county
and a municipality may not impose a fee for a permit as defined by
Section 245.001 required to perform any construction to make the
primary residence of a veteran of the United States armed forces who
has a service-connected disability handicap accessible.
SECTION 11. Chapter 371, Transportation Code, as added by
Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted, redesignated as
Chapter 372, Transportation Code, and amended to read as follows:
CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
TOLL PROJECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
(A) the department under Chapter 227 or 228;
(B) a regional tollway authority under Chapter
366;
(C) a regional mobility authority under Chapter
370; or
(D) a county under Chapter 284.
SUBCHAPTER B. TOLL PROJECT OPERATION
Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
use motor vehicle registration or other information derived from a
license plate on a vehicle using a toll project, including
information obtained by the use of automated enforcement technology
described by Section 228.058, for purposes other than those related
to:
(1) toll collection and toll collection enforcement;
and
(2) law enforcement purposes on request by a law
enforcement agency[, subject to Section 228.058(d)].
(b) If a toll project entity enters into an agreement with
an entity in another state that involves the exchange of motor
vehicle registration or license plate information for toll
collection or toll collection enforcement purposes, the agreement
must provide that the information may not be used for purposes other
than those described in Subsection (a).
Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
[(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
[(A) a part of the state highway system; or
[(B) subject to the jurisdiction of the
department.
[(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
[(A) the department under Chapter 227 or 228;
[(B) a regional tollway authority under Chapter
366;
[(C) a regional mobility authority under Chapter
370; or
[(D) a county under Chapter 284.
[(b)] A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
Sec. 372.053. VETERAN PROGRAM. A toll project entity shall
establish a program for certain electronic toll collection
customers who are veterans. The program must include free use of
the entity's toll project by an electronic toll collection customer
whose account relates to a vehicle registered:
(1) under Section 504.202;
(2) under Section 504.315(g); or
(3) by a person who has received the Medal of Honor.
SECTION 12. Subtitle K, Title 6, Transportation Code, is
amended by adding Chapter 462 to read as follows:
CHAPTER 462. MISCELLANEOUS PROVISIONS APPLICABLE TO PUBLIC
TRANSPORTATION PROVIDERS
Sec. 462.001. DEFINITION. In this chapter, "public
transportation provider" has the meaning assigned by Section
461.002.
Sec. 462.002. DISABLED VETERANS. A public transportation
provider shall provide free service to disabled veterans who have a
service-connected disability of at least 50 percent.
SECTION 13. Section 504.202(a), Transportation Code, is
amended to read as follows:
(a) A person entitled to specialty license plates under this
section may register, for the person's own use, one vehicle without
payment of any fee paid for or at the time of registration,
including [except] the fee for the license plates. Registration
under this section is valid for one year.
SECTION 14. 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.