13 TAC §13.1, §13.2
(Editor's note: The text of the following sections
proposed for repeal will not be published. The sections may be examined in
the offices of the Texas Historical Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Historical Commission proposes the repeal of §13.1
and §13.2, State Cemetery, due to a conflict with Texas Government Code,
section 2165.256(d), (e), passed by the 75th Texas Legislature and placed
into effect September 1, 1997. The 74th Texas Legislature in 1995 gave the
Texas Historical Commission a lead role in reviewing applications for burial
in the Texas State Cemetery, and agency rules were adopted at that time to
codify that role. As a result of actions by the 75th Texas Legislature, the
Texas State Cemetery Committee now considers and approves applications for
burial. Chapter 13 of the THC's rules is therefore in conflict with the referenced
statute and needs to be repealed. The Texas Historical Commission has an ex
officio position on the Texas State Cemetery Committee and thereby continues
to have a voice in the oversight and preservation of the cemetery, including
review of applications for burial, but has no need for rules to that effect.
Frances Rickard, Director of the History Programs Division, has determined
that there will be no fiscal implications for state or local government as
a result of the repeal of this chapter.
Mrs. Rickard also has determined that the public benefit anticipated as
a result of repealing Chapter 13 regarding the State Cemetery is to avoid
a direct conflict with language presented in Texas Government Code, Section
2165.256(d), (e), as passed by the 75th Texas Legislature, effective September
1, 1997. There will be no effect on small businesses and no anticipated economic
cost to persons who are required to comply with the current statute.
Comments on the proposed rules may be submitted to Frances Rickard, Director
of the History Programs Division, Texas Historical Commission, P.O. Box 12276,
Austin, TX, 78711. Comments will be accepted for 30 days after publication
in the Texas Register.
The repeal is proposed under the Texas Government Code, Chapter
442, Section 442.005(q), which provides the Texas Historical Commission the
authority to promulgate rules it considers proper for the effective administration
of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature,
1995.)
No other statute, article, or code will be affected by this proposal.
§13.1. Persons Eligible for Burial in the State Cemetery.
§3.2. Application Process for Burial in the State Cemetery.
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
March 15, 1999.
TRD-9901605
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: May 2, 1999
For further information, please call: (512) 463-6100