Tex. Gov't Code Section 2165.2561
State Cemetery Committee


(a)

In this section:

(1)

“Board” means the State Preservation Board.

(2)

“Committee” means the State Cemetery Committee.

(a-1)

The 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)

three nonvoting advisory members appointed as follows:

(A)

one employee of the Texas Historical Commission appointed by the executive director of the Texas Historical Commission;

(B)

one employee of the board appointed by the executive director of the board; and

(C)

one employee of the Parks and Wildlife Department appointed by the executive director of the Parks and Wildlife Department.

(b)

The 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 are appointed for staggered terms of six years with one member’s term expiring February 1 of each odd-numbered year. The advisory members of the committee serve at the will of the appointing authority.

(d)

Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(e)

A vacancy on the committee is filled by the appointing authority in the same manner as the original appointment.

(f)

An employee member vacates the member’s position on the committee if the member ceases to be an employee of the appointing agency.

(g)

A person is not eligible for appointment to the committee under Subsection (a-1)(1) 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.

(h)

A person may not serve as a member of the committee if the person is required to be registered as a lobbyist under Chapter 305 (Registration of Lobbyists) because of the person’s activities for compensation on behalf of a profession related to the operation of the State Cemetery.

(i)

A public member of the committee is not entitled to compensation but is entitled to reimbursement, from committee funds, for the travel expenses incurred by the member while conducting the business of the committee, as provided in the General Appropriations Act. The entitlement of an employee member to compensation or reimbursement for travel expenses is governed by the law applying to the person’s service in that underlying position, and any payments to the person shall be made from the appropriate funds of the employing agency.

(j)

All plans, programs, and materials relating to historical interpretation of the State Cemetery shall be submitted to the Texas Historical Commission for its review and approval. The Texas Historical Commission may provide staff support for activities interpreting the historical features of the State Cemetery.

(k)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 932 , Sec. 5(2), eff. September 1, 2015.

(l)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 932 , Sec. 5(2), eff. September 1, 2015.

(m)

The board, in collaboration with the committee, may adopt rules as necessary for the administration of the State Cemetery.

(n)

It is a ground for removal from the committee that a member:

(1)

does not have at the time of taking office the qualifications required by Subsection (a);

(2)

does not maintain during service on the committee the qualifications required by Subsection (a);

(3)

is ineligible for membership under Subsection (g) or (h);

(4)

cannot, because of illness or disability, discharge the member’s duties for a substantial part of the member’s term; or

(5)

is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee.

(o)

The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.

(p)

If the executive director of the board has knowledge that a potential ground for removal from the committee exists, the 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 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 executive director of the board or the 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.

(r)

A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program that complies with this subsection. The training program must provide the person with information regarding:

(1)

the legislation that created the State Cemetery and the committee;

(2)

the programs operated by the committee;

(3)

the role and functions of the committee;

(4)

the rules of the committee, with an emphasis on any rules that relate to disciplinary and investigatory authority;

(5)

the results of the most recent formal audit of cemetery operations;

(6)

the requirements of:

(A)

the open meetings law, Chapter 551 (Open Meetings);

(B)

the public information law, Chapter 552 (Public Information);

(C)

the administrative procedure law, Chapter 2001 (Administrative Procedure); and

(D)

other laws relating to public officials, including conflict-of-interest laws; and

(7)

any applicable ethics policies adopted by the board, the committee, or the Texas Ethics Commission.

(s)

A person appointed to the committee is entitled to reimbursement, as provided by Chapter 660 (Travel Expenses) and the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(t)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 932 , Sec. 5(2), eff. September 1, 2015.

(u)

The committee shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on any issue under the jurisdiction of the committee.

(v)

The State Cemetery Committee shall erect a flagpole and an appropriate monument in the military monument area of the State Cemetery dedicated to military personnel from the state who are killed while serving in a combat zone. When the committee is notified by the Texas Veterans Commission that a member of the United States armed forces from the state was killed while serving in a combat zone, the committee shall ensure that the flag at the monument is displayed at half-staff for an appropriate period as a mark of respect to the memory of the deceased member of the armed forces.
Added by Acts 1997, 75th Leg., ch. 264, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 8.02, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1394 (S.B. 2135), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 3, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 5(2), eff. September 1, 2015.

Source: Section 2165.2561 — State Cemetery Committee, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2165.­htm#2165.­2561 (accessed Mar. 23, 2024).

2165.001
Custodianship of State Property
2165.002
Exceptions to Commission Charge and Control
2165.003
Allocation of Space Affecting Legislature
2165.004
Lease of Space to Public Tenants in Certain State-owned Buildings
2165.005
Naming of State Buildings
2165.007
Facilities Management Services
2165.008
Temporary Use of State Building or Grounds by Television or Film Production Company
2165.009
Energy-efficient Light Bulbs in State Buildings
2165.0011
Definition
2165.0012
Authority to Adopt Rules
2165.051
Inspection of State Property
2165.052
Repair and Improvement of State Buildings
2165.053
Maintenance of Sewers and Utility Conduits
2165.054
Plans of Public Buildings
2165.056
Powers in Relation to Other Agency Property
2165.057
Management of Facilities
2165.058
Vending Machines
2165.0065
Display of Honor and Remember Flag
2165.101
Applicability of Subchapter
2165.102
Commission Standards for Space
2165.103
Child Care Facility Standards
2165.104
Space Use Study
2165.105
State Agency Request for Space
2165.106
Sharing Space
2165.107
Preferences in Assigning Space
2165.108
Rules
2165.151
Authority to Lease Public Grounds
2165.152
Lease of Building Space Not Affected
2165.153
Advertisement of Lease Proposals
2165.155
Approval by Attorney General
2165.156
Deposit of Lease Proceeds
2165.157
Forms, Rules, and Contracts
2165.158
Rejection of Bids
2165.201
Purpose of Subchapter
2165.202
Applicability
2165.203
Lease
2165.204
Lease of Space in State-owned Parking Lots and Garages
2165.205
Limitations on Amount, Location, and Use of Leased Space
2165.206
Lease of Space for Child Care Facility
2165.207
Method of Selecting Tenant
2165.208
Utilities and Custodial Services
2165.209
Subleases and Assignments
2165.210
Refusal to Lease Space or Permit an Activity
2165.211
Use of Lease Proceeds
2165.212
Vending Facilities
2165.213
Ad Valorem Taxation
2165.214
Preference in Leasing to Certain Existing Vending Facilities
2165.215
Purchase of Building Subject to Existing Leases
2165.251
Buildings Allocated to Legislative Use
2165.252
Texas Judicial Complex
2165.253
Use of Room in State Capitol Building
2165.254
State Capitol Building: Safe Place for Runaway Youth Designation
2165.255
Consent of Legislature Required for Construction on State Capitol Grounds
2165.256
State Cemetery and Other Burial Grounds
2165.258
Office Space for Department of Public Safety
2165.259
Capitol Complex
2165.260
Texas Mall Area Vendor Permit
2165.261
Property Purchases and Construction Projects by Self-directed Semi-independent Agencies
2165.301
Definitions
2165.303
Air Monitoring Related to Asbestos Abatement
2165.305
Educational Seminar on Indoor Air Quality
2165.351
Definitions
2165.352
Commission Review Guidelines and Policies
2165.353
Qualifying Project Fees
2165.354
Initial Review of Qualifying Project Proposal
2165.355
Initial Public Hearing on Qualifying Project Proposal
2165.356
Submission of Qualifying Project Contract to Contract Advisory Team
2165.357
Prohibited Employment of Commission Employee
2165.401
Purpose
2165.402
Definition
2165.403
Deferred Maintenance Fund Account
2165.404
Joint Oversight Committee on Government Facilities
2165.451
Applicability
2165.452
Temporary Secure Weapon Storage
2165.453
Self-service Weapon Lockers for Temporary Secure Storage
2165.454
Temporary Secure Weapon Storage Administered by Agency Employee
2165.455
Fees
2165.456
Unclaimed Weapons
2165.1061
Space Allocation Plans
2165.2035
Lease of Space in State-owned Parking Lots and Garages
2165.2045
Lease of Space in State-owned Parking Lots and Garages
2165.2046
Reports on Parking Programs
2165.2561
State Cemetery Committee
2165.2565
State Cemetery Preservation Trust Fund
2165.3561
Municipal Project

Accessed:
Mar. 23, 2024

§ 2165.2561’s source at texas​.gov