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


Office of House Bill AnalysisC.S.H.B. 541
By: Junell
State, Federal & International Relations
33/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes the comptroller of public accounts to sell unclaimed
property, except for money and marketable securities.  This can include the
sale of any military awards and decorations.  C.S.H.B. 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

C.S.H.B. 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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 541 differs from the original by including additional provisions
requiring a military award or decoration (award) to be delivered by the
comptroller to the adjutant general's department (department) and requiring
the department to conduct a search for the owner of an award or the owner's
next of kin. If the owner or next of kin cannot be located, the substitute
requires the department to hold the award in trust at a museum established
by the department or a similar public facility.  The substitute also
specifies that the award held by a museum shall be used in a display or
exhibit, kept in secure storage, or loaned to another museum, and specifies
the manner in which the award is displayed. The original required the award
to be held in trust at a museum established by the Texas National Guard
Armory Board, and made no provision for locating the award's owner or for
the display of the award.  In addition, the substitute prohibits an award
from being destroyed, whereas the original bill provided no such
prohibition.