| 1 | 1 | | By: Flynn H.B. No. 206 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the Texas Veterans Land Board. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | Chapter 161. Veterans Land Board |
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| 9 | 9 | | Subchapter A, SECTION 161.001, is amended to read as follows: |
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| 10 | 10 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 11 | 11 | | Sec. 161.001. DEFINITIONS. (a) In this chapter: |
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| 12 | 12 | | (1) "Board" means the Veterans' Land Board. |
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| 13 | 13 | | (2) "Commissioner" means the Commissioner of the |
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| 14 | 14 | | General Land Office. |
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| 15 | 15 | | (3) "Land office" means the General Land Office. |
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| 16 | 16 | | (4) "Program" means the Veterans' Land Program. |
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| 17 | 17 | | (5) "Fund" means the veterans' land fund. |
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| 18 | 18 | | (6) "Bonds" means general obligation bonds issued by |
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| 19 | 19 | | the board for the purpose of funding the program. |
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| 20 | 20 | | (7) "Veteran" means a person who: |
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| 21 | 21 | | (A)(i) served not less than 90 days, unless |
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| 22 | 22 | | sooner discharged by reason of a service-connected disability, on |
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| 23 | 23 | | active duty in the Army, Navy, Air Force, Coast Guard, United States |
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| 24 | 24 | | Public Health Service (as constituted under 42 U.S.C. Section 201 |
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| 25 | 25 | | et seq.), or Marine Corps of the United States after September 16, |
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| 26 | 26 | | 1940, and who on the date of filing an application under the program |
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| 27 | 27 | | has not been dishonorably discharged from the branch of the service |
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| 28 | 28 | | in which the person served; |
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| 29 | 29 | | (ii) has at least 20 years of active or |
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| 30 | 30 | | reserve military service as computed when determining the person's |
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| 31 | 31 | | eligibility to receive retired pay under applicable federal law; |
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| 32 | 32 | | (iii) has enlisted or received an |
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| 33 | 33 | | appointment in the Texas National Guard, who has completed all |
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| 34 | 34 | | initial active duty training required as a condition of the |
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| 35 | 35 | | enlistment or appointment, and who on the date of filing the |
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| 36 | 36 | | person's application has not been dishonorably discharged from the |
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| 37 | 37 | | Texas National Guard; or |
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| 38 | 38 | | (iv) served in the armed forces of the |
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| 39 | 39 | | Republic of Vietnam between February 28, 1961, and May 7, 1975, if |
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| 40 | 40 | | the board adopts a rule regarding these veterans under Subsection |
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| 41 | 41 | | (b); or |
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| 42 | 42 | | (v) has at least 15 years of active or |
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| 43 | 43 | | reserve state military service as a member of the Texas State |
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| 44 | 44 | | Guard; |
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| 45 | 45 | | (B) at the time of the person's enlistment, |
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| 46 | 46 | | induction, commissioning, appointment, or drafting was a bona fide |
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| 47 | 47 | | resident of this state or has resided in this state at least one |
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| 48 | 48 | | year immediately before the date of filing an application under |
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| 49 | 49 | | this chapter; and |
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| 50 | 50 | | (C) at the time of the person's application under |
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| 51 | 51 | | this chapter is a bona fide resident of this state. The term |
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| 52 | 52 | | includes the unmarried surviving spouse of a veteran who died or who |
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| 53 | 53 | | is identified as missing in action if the deceased or missing |
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| 54 | 54 | | veteran meets the requirements of this section, with the exception |
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| 55 | 55 | | that the deceased or missing veteran need not have served 90 days |
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| 56 | 56 | | under Paragraph (A)(i) of this subdivision, and if the deceased or |
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| 57 | 57 | | missing veteran was a bona fide resident of this state at the time |
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| 58 | 58 | | of enlistment, induction, commissioning, appointment, or drafting. |
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| 59 | 59 | | (8) "Commission" means the Texas Veterans Commission. |
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| 60 | 60 | | (b) Notwithstanding Subdivision (7) of Subsection (a) of |
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| 61 | 61 | | this section, the board may by rule change the definition of |
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| 62 | 62 | | "veteran" as necessary or appropriate to protect the best interests |
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| 63 | 63 | | of the program. If the board adopts a rule to change the definition |
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| 64 | 64 | | of "veteran" to include a person who served in the armed forces of |
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| 65 | 65 | | the Republic of Vietnam between February 28, 1961, and May 7, 1975, |
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| 66 | 66 | | the rule must include procedures for establishing proof of that |
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| 67 | 67 | | service. |
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| 68 | 68 | | (c) For purposes of this section, a person who has been |
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| 69 | 69 | | discharged from the branch of the service in which the person served |
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| 70 | 70 | | or from the Texas National Guard State Military Forces is |
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| 71 | 71 | | considered not to have been dishonorably discharged if the person: |
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| 72 | 72 | | (1) received an honorable discharge; |
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| 73 | 73 | | (2) received a discharge under honorable conditions; |
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| 74 | 74 | | or |
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| 75 | 75 | | (3) received a discharge and provides evidence from |
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| 76 | 76 | | the United States Department of Veterans Affairs, its successor, or |
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| 77 | 77 | | other competent authority that indicates that the character of the |
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| 78 | 78 | | person's duty has been determined to be other than dishonorable. |
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| 79 | 79 | | ARTICLE 4. EFFECTIVE DATE |
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| 80 | 80 | | SECTION 4.01. This Act takes effect September 1, 2017. |
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