Part 5. TEXAS STATE CEMETERY COMMITTEE
Chapter 71. TEXAS STATE CEMETERY
Introduction and Background.
The Texas State Cemetery Committee (the "Committee") announces its intent to amend 13 Texas Administrative Code §71.11, concerning regulation of monuments in the Texas State Cemetery. The Committee oversees all operations of the Texas State Cemetery pursuant to Texas Government Code §2165.256(a) (Vernon Supp. 2006).
Section by Section Summary.
The proposed new rule clarifies acceptable designs for monuments proposed for placement on the grounds of the Texas State Cemetery. The proposed new rule further emphasizes the Committee's intent to preserve the prominence of the Medal of Honor monument.
Fiscal Note.
Mr. Scott Sayers, Chairman of the Committee, has determined that for each year of the first five-year period the proposed rule is in effect, there will be no significant fiscal implications for state or local government as a result of enforcing or administering the proposed rule.
Public Benefit/Cost Note.
Mr. Sayers has also determined that for each year of the first five-year period the proposed rule is in effect, the public will benefit from further clarification regarding acceptable monument design.
Mr. Sayers has also determined that there will be no effect on individuals or large, small, and micro-businesses as a result of the adoption of the proposed rule.
Mr. Sayers has also determined that for each year of the first five-year period the proposed rule is in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under Administrative Procedure Act, Texas Government Code, §2001.022 (Vernon Supp. 2006).
Request for Comments.
Written comments on the proposed rule may be submitted to Rules Coordinator, Legal Services Division, Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via email to rulescomments@tbpc.state.tx.us . For comments submitted electronically, please include "Monuments" in the subject line. Comments must be received no later than thirty (30) days from the date of publication of the proposal to the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed rule. Questions concerning this proposed new rule may be directed to Ms. Susan Maldonado, Legal Counsel for the Committee, at (512) 463-3960.
Statutory Authority.
The new rule is proposed under the Texas Government Code, §2165.261(i), which requires the Committee to adopt rules regulating the monuments erected on the grounds of the Texas State Cemetery.
Cross Reference to Statute.
The proposed rule affects §2165.256 of the Texas Government Code.
§71.11Monuments.
(a) Monuments are subject to the approval and regulation of the Committee.
(b) All monument designs shall be submitted to the Cemetery Superintendent for review and compliance with the requirements set forth by the Committee. All monument design submissions shall contain the information on the application form available at the Cemetery office. Incomplete submissions will be returned.
(c) The Committee specifically reserves the right to reject any monument design, if, in the opinion of the Committee, the quality or craftmanship of the monument design is not suitable, blocks the view of surrounding monuments or does not comply with the following:
(1) Only selected natural stone from established quarries, or bronze meeting the specifications of the United States Bureau of Standards should be used for monuments. In all cases, craftsmanship should be of superior quality.
(2) Curbs, fences, borders, plantings or enclosures around any burial spaces must be approved by the Committee.
(3) Monuments and inscriptions on any monument shall be accurate and in keeping with the respect and dignity for the interred and for the Cemetery as a place of honor and to memorialize noteworthy Texans.
(4) Temporary markers of wood, or concrete are prohibited. Temporary metal markers provided by funeral homes are permitted until replaced by a permanent monument.
(5) Monuments shall be constructed within the following dimensional specifications:
(A) Maximum height: 7 feet;
(B) The footprint of the monument shall not cover more than 20% of the surface of the lot being 7 feet in depth and 6.66 feet (80 inches) in width;
(C) If the width to height ratio of the monument exceeds a 2 to 1 ratio, the Committee will review the design. The design, size, and location of the monument will be considered by the Committee in making a decision.
(D) A flush installed ledger stone shall not exceed 7 feet in depth and 6.66 feet in width.
(6) The Committee may also evaluate any proposal for a new monument to ensure that the proposed design does not detract or otherwise impact the prominence of the Medal of Honor monument.
(d) Aboveground vaults, crypts and mausoleums are prohibited, except for interment in the columbarium.
(e) Monuments are the property of the state.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 21, 2007.
TRD-200702584
Susan Maldonado
Acting General Counsel
Texas State Cemetery Committee
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 236-6171