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