HBA-JEK, CBW C.S.H.B. 271 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 271
By: Berman
State, Federal & International Relations
3/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Each branch of the United States military uses various terms to describe
the character of service for each person discharged from duty.  While
"honorable" and "dishonorable" discharges are clearly identified as such,
other types of discharges are not as clearly described.   Under current
law, participation in the Veterans' Land Program and the Veterans' Housing
Assistance Program (programs) is available to veterans who have not been
"dishonorably discharged."  Because other terms are used to describe the
possible honorable and dishonorable conditions of a veteran's discharge, it
may be unclear as to whether participation in these programs is available
to certain discharged veterans.  C.S.H.B. 271 provides descriptions of
discharges which make a person eligible to receive benefits in the
programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 271 amends the Natural Resources Code to provide that veterans who
are not considered to have been dishonorably discharged are eligible to
receive benefits under the Veterans' Land Program or the Veterans' Housing
Assistance Program.  The bill provides that a person who has been
discharged from a branch of the service or from the Texas National Guard is
not considered to have been dishonorably discharged if the person received
an honorable discharge, received a discharge under honorable conditions, or
received a discharge and provides evidence from the United States
Department of Veterans Affairs, its successor, or other competent authority
that the character of the person's duty was determined to be other than
dishonorable.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 271 differs from the original by describing discharges that are
considered honorable, whereas the original described discharges that are
considered dishonorable.  Additionally, the substitute does not apply, as
the original did, to eligibility for benefits under the Veterans' Financial
Assistance Program.