40 TAC §178.1 - 178.6
The Texas Veterans Land Board (TVLB) proposes a new Chapter
178, relating to Texas State Veterans Cemeteries, §§178.1-178.6
in Title 40, Part 5, of the Texas Administrative Code. The proposed new Chapter
178 will contain rules governing the operation of the Texas State Veterans
Cemeteries. These rules establish the criteria for the establishment of veterans
cemetery, the eligibility criteria for persons to be buried in the cemeteries
and the fees associated with the burials.
Section 164.005 of the Texas Natural Resources Code authorizes the TVLB
to operate or enter agreements with third parties for the operation of veterans
cemeteries. The Veterans Land Board works in conjunction with the United States
Department of Veterans Affairs on the construction of the cemeteries. The
TVLB is solely responsible for the operation thereof. The proposed rules under
new Chapter 178 will clarify the operation of the cemeteries, particularly
the eligibility criteria for burials and the fees associated with the burials.
Proposed §178.1, relating to Definitions, defines the terms commonly
used in association with the Texas State Cemeteries program. Proposed §178.2,
relating to Authority, contains the TVLB authority to establish and operate
the cemeteries and proposed §178.3, relating to Funding, contains the
funding source for these cemeteries.
Proposed §178.4, relating to Requirements, explains that each Texas
State Veterans Cemetery must be new constructed and must adhere to all federal
state and local laws and regulations pertaining to the establishment and operation
of cemeteries.
In order to be eligible for burial in a Texas State Veterans Cemetery,
a person must be a veteran or an eligible relative as defined by the USDVA
laws and regulations as described in proposed §178.5, relating to Burial
Eligibility Criteria.
The TVLB shall approve all fees, expenses and charges for the interment,
disinterment and related services for the Texas State Veterans cemeteries
as described in proposed §178.6 relating to Fees.
Larry Laine, Chief Clerk, has determined that during the first five-year
period the proposed new rules are in effect there will be no negative fiscal
implications for state or local government or small businesses.
Mr. Laine has also determined that, during the first five-year period the
rules are in effect, the public will benefit as these rules clarify what constitutes
a Texas State Veterans Cemetery, who is eligible for burial and the fees associated
with those burials. There will be no effect on small or micro businesses.
Non-veteran individuals who are eligible for burial will incur minimal costs
as required under these rules.
Comments may be submitted to Deborah A. Cantu, Legal Services Division,
General Land Office of the State of Texas, 1700 N. Congress Avenue, Austin,
Texas 78701 or by facsimile (512) 463-6311, by no later than 30 days after
publication.
Proposed Chapter 178, §§178.1-178.6 is proposed under
Texas Natural Resources Code §164.004, which provides the TVLB with the
authority to adopt rules necessary and convenient to administer Chapter 164 §§164.001-014,
Texas Natural Resources Code.
Texas Natural Resources Code Chapter 164 §§164.001-014 are affected
by this proposed new chapter.
§178.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Veterans Land Board of the State of Texas.
(2)
Chairman--The commissioner of the General Land Office who
is also chairman of the Veterans Land Board.
(3)
Committee--Veterans Cemetery Committee, consisting of the
Board, the Chairman of the Texas Veterans Commission, and two members of the
veteran's community appointed by the Chairman of the Texas Veterans Committee.
(4)
Eligible Relative--As by the USDVA rules governing State
Cemetery Grants, 38 C.F.R §39.2(a) to include a veteran's wife, husband,
surviving spouse, minor children, and unmarried adult children who were physically
or mentally disabled and incapable of self-support.
(5)
TSVC--Texas State Veterans Cemetery, a burial ground operated
solely for the burial of veterans and the eligible relatives.
(6)
USDVA--The United States Department of Veterans Affairs
or any successor thereto.
(7)
Veteran--As defined by defined 38 U.S.C. §101(2) and
the USDVA rules governing State Cemetery Grants, 38 C.F.R. §39.1(h) meaning
a person who served in the active military, naval, or air service and who
died while in service or was discharged or released therefrom under conditions
other than dishonorable.
§178.2.Authority.
(a)
Any requirement of this chapter, which is not otherwise
required by the constitution or statutes of this state, or any federal law,
may be waived by the Board. Any waiver request must be in writing and must
describe the circumstances surrounding the request, including all of the reasons
why the waiver is requested.
(b)
The Board is the final authority in determining the interpretation
and application of these rules.
§178.3.Funding.
Funding to operate, maintain, enlarge or improve a TSVC shall come
in part from the veterans' land fund, the veterans' housing assistance fund
and the veterans' housing assistance fund II, not to exceed $7,000,000 for
each fiscal year.
§178.4.Requirements.
(a)
A TSVC must be newly constructed.
(b)
Each TSVC must meet all applicable federal regulations,
including but not limited to any and all regulations and requirements for
the funding of a State Veterans Cemetery. These rules, regulations, and requirements
are incorporated herein and made a part hereof for all purposes.
(c)
Each TSVC must meet all state and local laws and regulations.
§178.5.Burial Eligibility Criteria.
In order to qualify for all funding available from the USDVA through
the State Cemetery Program, the Board, for each TSVC, will allow only the
interment of veterans and eligible relatives as defined by the USDVA laws
and regulations, as they may be amended from time-to-time.
§178.6.Fees.
(a)
The Board must approve all fees, expenses and charges for
interment, disinterment, and related services for the TSVC.
(b)
Fees charged for the interment of eligible relatives will
be the equivalent of the USDVA reimbursement for the plot allowance for veterans
as established in its laws and regulations as they may be amended from time-to-time.
A TSVC shall apply no charges for disinterment or related interment services
for eligible relatives of veterans.
(c)
Each TSVC shall seek reimbursement from the USDVA of the
plot allowance for interment of veterans. A TSVC shall apply no additional
charges for interment, disinterment, or related services for veterans.
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, 2004.
TRD-200401908
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Earliest possible date of adoption: April 25, 2004
For further information, please call: (512) 305-8598