HBA-DMD C.S.H.B. 3047 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3047
By: Hunter
State, Federal, & International Relations
4/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, there are three ways in which a person may be selected
for burial in the Texas Cemetery. Three ways that a person can be selected
are if the applicant is an elected state official, if the applicant is
granted through a concurrent resolution of the Legislature or by a
proclamation by the governor, and if the applicant is granted by the
majority vote of the State Cemetery Committee (committee). However, the
committee cannot when the legislature is in session grant permission to
applicants who are not automatically qualified. This creates the need for
the committee to solicit a governor's proclamation or a resolution from the
legislature before moving ahead with the decision.  

C.S.H.B. 3047 allows the committee to grant permission for burials in the
Texas State Cemetery while the legislature is in session. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2165.256(d) and (e), Government Code, to delete
the qualification in Subdivision (6) that an order of the State Cemetery
Committee (committee) specifying a person as eligible for burial in the
State Cemetery be made under Subsection (e). Deletes the provision
restricting the committee's authority to order a burial to only during a
period in which the legislature is not convened in regular or special
session and only if the committee finds that the person made a significant
contribution to Texas history. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Section
2165.256, Government Code), to delete the qualification in Subdivision (6)
that an order of the State Cemetery Committee specifying a person as
eligible for burial in the State Cemetery be made under Subsection (e).