84R12788 YDB-F
By: Crownover H.B. No. 2206
A BILL TO BE ENTITLED
AN ACT
relating to transfer of the oversight of the Texas State Cemetery to
the State Cemetery Committee and to transfer of cemetery funding to
the State Preservation Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2165.007(b), Government Code, is amended
to read as follows:
(b) Notwithstanding any other law, the commission shall
provide facilities management services in relation to all state
agency facilities in Travis County or a county adjacent to Travis
County. The commission's duty does not apply to:
(1) a facility owned or operated by an institution of
higher education;
(2) military facilities;
(3) facilities owned or operated by the Texas
Department of Criminal Justice;
(4) facilities owned or operated by the Texas Juvenile
Justice Department;
(5) facilities owned or operated by the Texas
Department of Transportation;
(6) the Capitol, including the Capitol Extension, the
General Land Office building, the Bob Bullock Texas State History
Museum, any museum located on the Capitol grounds, the Governor's
Mansion, and any property maintained by the Texas Historical
Commission under Sections 442.0072 and 442.0073;
(7) a facility determined by the commission to be
completely residential;
(8) a regional or field office of a state agency;
(9) a facility located within or on state park
property;
(10) the property known as the Finance Commission
Building described by deed recorded in Volume 5080, Page 1099, of
the Deed Records of Travis County, Texas;
(11) the property known as the Credit Union Department
Building described by deed recorded in Volume 6126, Page 27, of the
Deed Records of Travis County, Texas;
(12) facilities owned or operated by the Texas School
for the Blind and Visually Impaired; [or]
(13) facilities owned or operated by the Texas School
for the Deaf; or
(14) the property known as the Texas State Cemetery
described as 17.376 acres located at 801 Comal, Lot 5, Division B,
City of Austin, Travis County, Texas.
SECTION 2. Sections 2165.256(a), (d), (e), and (m),
Government Code, are amended to read as follows:
(a) The State Cemetery Committee shall oversee and exercise
direct control of all operations of the State Cemetery. The
committee shall develop a budget for the operations of [the
commission relating to] the State Cemetery and determine the salary
of State Cemetery employees, including a superintendent and other
staff. The committee may delegate authority granted under this
subsection and the management, maintenance, and operation of the
State Cemetery to the superintendent [of the commission whose
duties primarily relate to the operation of the State Cemetery].
(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 six [10] years in the office to
which appointed, subject to review and approval by the committee
under Subsection (e);
(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).
(e) The committee shall review the names of state officials
presented to the committee for consideration under Subsection
(d)(3), in proclamations under Subsection (d)(4), and in
resolutions under Subsection (d)(5). A person whose name is
presented to the committee or who is specified in a proclamation or
resolution is eligible for burial in the State Cemetery only if the
committee, following its review, finds that the person specified
made a significant contribution to Texas history and only if, based
on that finding, the committee approves the person's burial in the
cemetery. The committee may by order authorize a burial under
Subsection (d)(6) only if the committee finds that the person made a
significant contribution to Texas history, which may include a
person who served this state through public administration or
governmental service.
(m) The committee shall consider for burial in the State
Cemetery persons who have made significant contributions to Texas
history and culture in the following fields: air and space,
agriculture, art and design, business and labor, city building,
education, governmental service, industry, justice, military
affairs, law enforcement, oil and gas, performing arts,
philanthropy, public administration, ranching, religion, science
and medicine, sports, and writing.
SECTION 3. Sections 2165.2561(a), (b), (c), (g), (k), (l),
(m), (p), (q), and (t), Government Code, are amended to read as
follows:
(a) The State Cemetery Committee is composed of:
(1) three voting members appointed as follows:
(A) one member of the general public appointed by
the governor;
(B) one member of the general public appointed by
the governor from a list submitted by the lieutenant governor; and
(C) one member of the general public appointed by
the governor from a list submitted by the speaker of the house of
representatives; and
(2) one [three] nonvoting advisory member who is an
[members appointed as follows:
[(A) one] employee of the State Preservation
Board [Texas Historical Commission] appointed by the executive
director of the board [Texas Historical Commission;
[(B) one employee of the Texas Building and
Procurement Commission appointed by the executive director of the
Texas Building and Procurement Commission; and
[(C) one employee of the Parks and Wildlife
Department appointed by the executive director of the Parks and
Wildlife Department].
(b) The voting member serving the last two years of the
member's term is [governor shall designate] the presiding officer
of the committee [from among its members, and the presiding officer
shall serve in that capacity for two years].
(c) The voting members of the committee [appointed by the
governor] are appointed for staggered terms of six years with one
member's term expiring February 1 of each odd-numbered year. The
advisory member [members] of the committee serves [serve] at the
will of the State Preservation Board [appointing authority].
(g) A person is not eligible for appointment to the
committee under Subsection (a)(1) [by the governor] if the person
or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
committee;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the committee; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the committee, other than
compensation or reimbursement authorized by law for committee
membership, attendance, or expenses.
(k) The legislature shall separately appropriate money to
the committee within the appropriations to the State Preservation
Board [Texas Building and Procurement Commission] for all matters
relating to the operation of the State Cemetery. [Activities
relating to maintenance of the State Cemetery grounds and monuments
shall conform to guidelines for historic preservation submitted to
the committee by the Texas Historical Commission.]
(l) Funds appropriated to the State Preservation Board
shall [Texas Building and Procurement Commission may] be
transferred by interagency contract for the performance of, at the
direction of the committee, an act related to the State Cemetery,
including funds for cemetery operation and maintenance, salaries
for the superintendent and staff, clothing and allowances for
cemetery employees, and food and drinks for inmates or other
persons who are providing maintenance services. The State
Preservation Board shall provide the administrative and accounting
support required by the committee.
(m) The committee may adopt rules and policies as necessary
for the administration of the State Cemetery, including policies on
personnel, grounds operation, security, and other matters related
to cemetery operations.
(p) If the superintendent [executive director] of the State
Cemetery [commission] has knowledge that a potential ground for
removal from the committee exists, the superintendent [executive
director] shall notify the presiding officer of the committee of
the potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the superintendent [executive director] shall
notify the next highest ranking officer of the committee, who shall
then notify the governor and the attorney general that a potential
ground for removal exists.
(q) The superintendent [executive director] of the State
Cemetery [commission] or the superintendent's [executive
director's] designee shall provide to members of the committee, as
often as necessary, information regarding the requirements for
office under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers.
(t) The committee shall develop and implement policies that
clearly separate the policymaking responsibilities of the
committee and the management responsibilities of the
superintendent [executive director of the commission] and staff of
the cemetery.
SECTION 4. The following provisions of the Government Code
are repealed:
(1) Sections 2165.256(b), (b-1), and (r); and
(2) Sections 2165.2561(f) and (j).
SECTION 5. (a) On the effective date of this Act:
(1) an employee of the Texas Facilities Commission who
was performing duties exclusively related to the Texas State
Cemetery becomes an employee of the State Cemetery Committee;
(2) all money, contracts, leases, rights, and
obligations of the Texas Facilities Commission related to the Texas
State Cemetery are transferred to the State Cemetery Committee;
(3) all property, including records, in the custody of
the Texas Facilities Commission related to the Texas State Cemetery
becomes the property of the State Cemetery Committee; and
(4) all funds appropriated by the legislature to the
Texas Facilities Commission related to the Texas State Cemetery are
transferred to the State Preservation Board to be transferred to
the State Cemetery Committee as required under this Act.
(b) A function or activity performed by the Texas Facilities
Commission related to the Texas State Cemetery is transferred to
the State Cemetery Committee or the State Preservation Board, as
applicable, as provided by this Act. The board shall provide the
administrative and accounting support required by the committee.
(c) As soon as practicable after the effective date of this
Act, the State Preservation Board shall appoint a nonvoting
advisory member to the State Cemetery Committee as required by
Section 2165.2561(a)(2), Government Code, as amended by this Act.
SECTION 6. This Act takes effect September 1, 2015.