| 1 | 1 | | 84R8427 CJC-D |
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| 2 | 2 | | By: Naishtat H.B. No. 1545 |
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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 the creation of the State Cemetery preservation trust |
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| 8 | 8 | | fund. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 2165, Government Code, is |
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| 11 | 11 | | amended by adding Section 2165.2565 to read as follows: |
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| 12 | 12 | | Sec. 2165.2565. STATE CEMETERY PRESERVATION TRUST FUND. |
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| 13 | 13 | | (a) The State Cemetery preservation trust fund is created as a |
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| 14 | 14 | | trust fund outside the state treasury to be held with the |
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| 15 | 15 | | comptroller in trust. The State Cemetery Committee shall |
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| 16 | 16 | | administer the fund as trustee on behalf of the people of this |
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| 17 | 17 | | state. The fund consists of money: |
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| 18 | 18 | | (1) transferred or appropriated to the fund; and |
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| 19 | 19 | | (2) received by the State Cemetery Committee under |
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| 20 | 20 | | Section 2165.256(s) and deposited to the fund by the committee. |
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| 21 | 21 | | (b) The interest received from investment of money in the |
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| 22 | 22 | | fund shall be credited to the fund. |
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| 23 | 23 | | (c) Money in the fund may be used only to: |
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| 24 | 24 | | (1) maintain, renovate, make major repairs or capital |
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| 25 | 25 | | improvements to, or preserve the State Cemetery, as determined by |
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| 26 | 26 | | the State Cemetery Committee; or |
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| 27 | 27 | | (2) acquire land in close proximity to the State |
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| 28 | 28 | | Cemetery for expansion of the cemetery. |
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| 29 | 29 | | SECTION 2. Notwithstanding Section 222.002, Transportation |
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| 30 | 30 | | Code, or any other law, as soon as practicable after the sale of |
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| 31 | 31 | | property that is the subject of Section 2165.256(b-1), Government |
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| 32 | 32 | | Code, the comptroller of public accounts shall transfer from the |
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| 33 | 33 | | state highway fund to the State Cemetery preservation trust fund, |
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| 34 | 34 | | as created by this Act, an amount of money equal to the portion of |
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| 35 | 35 | | the proceeds attributable to the sale of that property that is |
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| 36 | 36 | | required to be deposited by the Texas Department of Transportation |
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| 37 | 37 | | in a subaccount in the state highway fund for use by the State |
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| 38 | 38 | | Cemetery Committee under the terms of a memorandum of understanding |
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| 39 | 39 | | entered into between the department and the State Cemetery |
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| 40 | 40 | | Committee. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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