PART 5. TEXAS STATE CEMETERY COMMITTEE
CHAPTER 71. TEXAS STATE CEMETERY
Introduction and Background.
The Texas State Cemetery Committee (the Committee) adopts amendments to 13 TAC §71.11, concerning regulation of monuments in the Texas State Cemetery. The amended section is adopted without changes to the proposed text as published in the September 26, 2008, issue of the Texas Register (33 TexReg 8108).
The Committee oversees all operations of the Texas State Cemetery pursuant to Texas Government Code, §2165.256(a) (Vernon 2008). The amended section relates to monuments placed on the grounds of the Texas State Cemetery. Pursuant to §71.11(11), the term, "monuments," is defined as "any marker, headstone, gravestone, grave marker, tablet, memorial, columbarium, urn, niche, niche panel, ledger stone, boulder or any other structure, memorial of granite, marble or other material intended to commemorate the deceased."
Justification for the Rule.
The amended section is adopted to clarify the timeframe within which permanent markers must be placed at gravesites on the grounds of the Texas State Cemetery. The amended section also addresses placement of permanent markers for gravesites presently unmarked.
Summary of Comments.
The comment period ended October 27, 2008. No comments were received from the public regarding the proposal of the amended section.
Statutory Authority.
The amended section is adopted under Texas Government Code, §2165.256(i), which requires the Committee to adopt rules regulating the monuments erected on the grounds of the Texas State Cemetery, and §2165.2561(m), which gives the Committee the discretion to adopt necessary rules related to the administration of the Texas State Cemetery.
Cross Reference to Statute.
The amended section affects §2165.256 and §2165.2561 of the Texas Government Code.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2008.
TRD-200806590
Kay Molina
General Counsel
Texas State Cemetery Committee
Effective date: January 7, 2009
Proposal publication date: September 26, 2008
For further information, please call: (512) 463-4257