HBA-MPM H.B. 541 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 541
By: Junell
State, Federal & International Relations
66/14/2001
Enrolled



BACKGROUND AND PURPOSE 

State law authorizes the comptroller of public accounts to sell unclaimed
property, except for money and marketable securities.  Prior to the 77th
Legislature, this could have included the sale of any military awards and
decorations.  House Bill 541 prohibits the sale or destruction of such
items by the comptroller and requires that the items be held in trust for
display at a museum established by the adjutant general's department if the
item is not claimed by its rightful owner. 

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

House Bill 541 amends the Property Code to prohibit a military award or
decoration (award) delivered to the comptroller from being sold as property
or destroyed, and requires that an award be delivered by the comptroller to
the adjutant general's department (department).  The department is required
to conduct a reasonable search of public records to locate the owner of the
award or the owner's next of kin.  If neither person can be located, the
bill requires the award to be held in trust for the comptroller at a museum
established by the department or if no museum exists, at another public
facility designated by the department.  The bill provides that the award is
required to be used in a display or exhibit honoring persons who have
served the state or nation in military service, and if this is not
feasible, the award is required to be kept in a secure storage area or
loaned to another museum for use in such a display. The provisions of this
bill do not affect a person's right to claim an award. 

EFFECTIVE DATE

September 1, 2001