2005 Texas Government Code CHAPTER 434. VETERAN ASSISTANCE AGENCIES


GOVERNMENT CODE
CHAPTER 434. VETERAN ASSISTANCE AGENCIES
SUBCHAPTER A. TEXAS VETERANS COMMISSION
§ 434.001. COMMISSION. The Texas Veterans Commission is an agency of the state. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.002. APPLICATION OF SUNSET, OPEN MEETINGS, AND ADMINISTRATIVE PROCEDURE LAWS. (a) The Texas Veterans Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2007. (b) The commission is subject to Chapter 551, and Chapter 2001. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 3.07, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(50), (83), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 970, § 2.02, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1169, § 2.02, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1481, § 2.03, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1112, § 2.01, eff. Sept. 1, 2003. § 434.003. MEMBERS. (a) The commission is composed of five members appointed by the governor with the advice and consent of the senate. The governor shall make each appointment without regard to the race, creed, sex, religion, or national origin of the appointee. (b) A member must be a citizen and resident of the state. At least three members must have been honorably discharged or honorably released from active military service of the United States. At least one member must be a person classified as a disabled veteran by the United States Veterans Administration or the branch of the United States armed forces in which the person served. This person's disability must be service-connected and compensable. (c) A person having a less than honorable discharge from military service is not eligible to be a member. No two members may reside in the same senatorial district. (d) Members are appointed for staggered six-year terms. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 1170, § 45.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 12.01, eff. Jan. 11, 2004. § 434.004. CONFLICT OF INTEREST. A person required to register as a lobbyist under Chapter 305 because of activities on behalf of a veterans association may not serve as a member of or as general counsel to the commission. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.005. REMOVAL. (a) It is a ground for removal from the commission if a member: (1) did not have when appointed, or does not maintain during the service on the commission, the qualifications required by Section 434.003 for appointment to the commission; (2) violates a prohibition under Section 434.004; or (3) fails to attend at least half of the regularly scheduled commission meetings held in a calendar year, excluding meetings held while the person was not a member of the commission. (b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a member exists. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.006. OFFICERS; COMMISSION ACTIONS. (a) The commission annually shall elect from among its members a chairman, a vice-chairman, and a secretary. An officer shall serve until the officer's successor is appointed and qualified. (b) The commission shall meet at least once in each three-month period. No action may be taken by less than a majority of the commission. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.007. DUTIES. The commission shall: (1) compile federal, state, and local laws enacted to benefit members of the armed forces, veterans, and their families and dependents; (2) collect information relating to services and facilities available to veterans; (3) cooperate with veterans service agencies in the state; (4) inform members and veterans of the armed forces, their families and dependents, and military and civilian authorities about the existence or availability of: (A) educational training and retraining facilities; (B) health, medical, rehabilitation, and housing services and facilities; (C) employment and reemployment services; (D) provisions of federal, state, and local law affording rights, privileges, and benefits to members and veterans of the armed forces and their families and dependents; and (E) other similar, related, or appropriate matters; (5) assist veterans and their families and dependents in presenting, proving, and establishing claims, privileges, rights, and benefits they may have under federal, state, or local law; (6) cooperate with all government and private agencies securing services or benefits to veterans and their families and dependents; (7) investigate, and if possible correct, abuses or exploitation of veterans or their families or dependents, and recommend necessary legislation for full correction; (8) coordinate the services and activities of state departments and divisions having services and resources affecting veterans or their families or dependents; and (9) provide training and certification of veterans county service officers and assistant veterans county service officers in accordance with Section 434.038. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 364, § 1, eff. Sept. 1, 1989. § 434.0071. MEMORANDUM OF UNDERSTANDING. The commission shall adopt a joint memorandum of understanding with the following governmental entities to coordinate the provision of services to state military veterans: (1) the Texas Workforce Commission; (2) the Veterans' Land Board; and (3) any other agency of the state that administers a program applicable only to veterans or the family members of veterans. Added by Acts 2001, 77th Leg., ch. 175, § 1, eff. May 18, 2001. § 434.008. FEES PROHIBITED. The commission may not charge a fee or permit the payment of a fee by an applicant to a third person for services rendered by the commission. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.009. EXECUTIVE DIRECTOR. (a) The commission shall employ an executive director qualified by experience and training to administer the policies of the commission. (b) The executive director shall: (1) place into operation the policies and instructions of the commission; (2) serve as the executive officer of the commission, without the power to vote; (3) be in charge of commission offices; (4) direct the paid personnel of the commission; and (5) be responsible to the commission for all reports, data, and similar information required by the commission. (c) The executive director may: (1) administer oaths; (2) certify official acts under the commission's seal; (3) take depositions inside or outside the state, as provided by law; and (4) compel the production of pertinent books, accounts, records, and documents. (d) The executive director shall devote the executive director's entire time to the duties of the office and may not actively engage or be employed in another business, vocation, or profession. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.010. RULES. The commission may adopt rules that it considers necessary for its administration. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.011. OFFICE; EXPENSES; EMPLOYEES. (a) The state shall provide the commission suitable offices and office equipment in Austin. The commission may incur the expenses necessary to perform its work. (b) The commission shall employ sufficient office personnel, stenographers, typists, and clerical help to maintain the efficient operation of the office. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.012. COMPENSATION AND EXPENSES. (a) A member of the commission is entitled to a per diem as set by legislative appropriation for each day that the member engages in commission business. (b) A member is entitled to receive compensation for meals, lodging, or other travel expenses as provided by the General Appropriations Act. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.013. FINANCES. (a) The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. (b) On or before December 1 each year, the commission shall make a written report to the governor and the presiding officer of each house of the legislature. The report must include a complete and detailed accounting for all money received and disbursed by the commission during the preceding year. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 584, § 24, eff. Sept. 1, 1989. § 434.014. EMPLOYMENT PRACTICES. (a) The executive director or the executive director's designee shall develop a career ladder program. The program must require that openings in all positions except entry level positions be posted within the commission for at least 10 days before they are posted for the public. (b) The executive director or the executive director's designee shall develop a system of annual performance evaluation based on measurable job tasks. Merit pay for commission employees must be based on this system. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.015. INFORMATION OF PUBLIC INTEREST. The commission shall prepare information of public interest describing the functions of the commission and the procedures for filing and for resolution by the commission of public complaints. The commission shall make the information available to the general public and appropriate state agencies. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.016. GIFTS AND GRANTS. The commission may accept gifts of money and property and may accept grants. Added by Acts 2005, 79th Leg., ch. 395, § 3, eff. Sept. 1, 2005.
SUBCHAPTER B. VETERANS COUNTY SERVICE OFFICES
§ 434.031. DEFINITIONS. In this subchapter: (1) "Office" means a Veterans County Service Office created under this subchapter. (2) "Officer" means a veterans county service officer or assistant veterans county service officer. (3) "Commission" means the Texas Veterans Commission. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 364, § 2, eff. Sept. 1, 1989. § 434.032. CREATION. (a) In a county with a population of 200,000 or more, the commissioners court shall maintain a veterans county service office. The office must be: (1) separate and distinct from other county offices; and (2) staffed by at least one full-time employee. (b) In a county with a population of less than 200,000, the commissioners court, by a majority vote of its full membership, may maintain and operate a veterans county service office if the commissioners court determines that the office is a public necessity to enable county residents who are veterans to promptly, properly, and rightfully obtain benefits to which they are entitled. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.033. OFFICERS. (a) A commissioners court that maintains and operates an office shall appoint a veterans county service officer and the number of assistant veterans county service officers that it considers necessary. (b) To be appointed as an officer a person must: (1) be qualified by education and training for the duties of the office; (2) be experienced in the law, regulations, and rulings of the United States Department of Veterans Affairs controlling cases that come before the commission; and (3) have the service experience specified by Subsection (c) or be a widowed Gold Star Mother or unremarried widow of a serviceman or veteran whose death resulted from service. (c) To meet the service experience requirement of Subsection (b)(3) a person must have: (1) served on active duty in a branch of the armed forces of the United States; (2) served for at least four months or have a service-connected disability; and (3) been honorably discharged. (d) An officer serves at the pleasure of the commissioners court. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 364, § 3, eff. Sept. 1, 1989. § 434.034. JOINT EMPLOYMENT. The commissioners courts of any number of contiguous counties, by a majority vote of the full membership of each commissioners court, may agree to jointly establish an office and employ a veterans county service officer. The agreement must stipulate the amount of compensation and travel and other expenses to be paid by each county. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.035. DUTIES. An officer shall aid any county resident who served in the armed forces or nurses corps of the United States, and any orphan or dependent of the person, to prepare, submit, and present any claim against the United States or a state for benefits to which the person may be entitled under United States or state law. The officer shall defeat all unjust claims that come to the officer's attention. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.036. PROHIBITIONS. (a) An officer may not charge a fee or permit the payment of a fee by an applicant to a third person for services the officer renders under this subchapter. (b) An officer may not seek to influence the execution of a power of attorney to one national service organization over that of another. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.037. ACCESS TO RECORDS. A state eleemosynary or penal institution shall give an officer access to its records to enable the officer to determine the status of a person confined in the institution relating to a benefit to which the person may be entitled. Access to records of a penal institution is governed by rules of the Texas Department of Corrections. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 434.038. TRAINING AND CERTIFICATION. (a) An officer shall, within the time after the date of the officer's appointment that the commission prescribes, complete a course of initial training provided by the Texas Veterans Commission. The commission shall issue the officer a certificate of training after completion of the initial training course. To maintain certification, the officer shall attend at least one commission training conference a year. An officer must maintain certification to remain in office. (b) The commission shall provide, at commission expense, the initial and continuing training required by this section at least once each year. (c) The commissioners court of an officer's county shall reimburse an officer's travel and lodging expenses incurred in attending commission training unless state funds are appropriated for that purpose. If state funds are appropriated, the commission shall make the reimbursement in the manner prescribed for the reimbursement of these expenses to state employees. (d) The commission may establish rules to carry out the purposes of this section, including rules regarding carryover of credit for extra course attendance from one year into subsequent years and the anniversary date by which the continuing certification requirement must be met. Added by Acts 1989, 71st Leg., ch. 364, § 4, eff. Sept. 1, 1989.
SUBCHAPTER C. TECHNOLOGY SERVICES AND REQUIREMENTS
§ 434.101. DEFINITIONS. In this subchapter: (1) "Commission" means the Texas Veterans Commission. (2) "TexasOnline" has the meaning assigned by Section 2054.003. Added by Acts 2003, 78th Leg., ch. 69, § 1, eff. May 16, 2003. § 434.102. VETERANS WEBSITE. (a) The Department of Information Resources shall establish and maintain on TexasOnline a veterans website. The website must allow veterans to access information on state and federal veterans benefits programs. (b) A state agency that participates in the veterans website is encouraged to allow a veteran to electronically file for state veterans benefits, including the electronic signing of the filing by the veteran and an electronic acknowledgment of the filing. (c) The veterans website may allow a veteran to electronically file for selected federal veterans benefits, as specified by the commission. Added by Acts 2003, 78th Leg., ch. 69, § 1, eff. May 16, 2003. § 434.103. COMMISSION FORMS. Commission forms shall contain: (1) the veterans website address maintained under Section 434.102; and (2) the commission's toll-free telephone number. Added by Acts 2003, 78th Leg., ch. 69, § 1, eff. May 16, 2003. § 434.104. BENEFITS BOOKLETS. (a) Not later than February 1 of each even-numbered year, the commission shall create an electronic version of a state veterans benefits booklet and provide a printed copy and an electronic version of the booklet to: (1) each veterans county service officer; and (2) the personnel office of each state or federal military installation in this state. (b) A veterans county service officer is encouraged to distribute a copy of the booklet to any person who claims or will claim Texas as a residence after discharge from the United States armed forces. (c) Each veterans county service officer shall make a copy of the booklet available at the veterans county service office. (d) The commission may update the booklet as necessary. (e) The commission shall provide an electronic version of the booklet on the commission's website. Added by Acts 2003, 78th Leg., ch. 69, § 1, eff. May 16, 2003. § 434.105. ELECTRONIC ACCESS TO NEWSLETTER OR SERVICES. The commission, with the assistance of the executive director of the Department of Information Resources, may develop and implement a program that uses appropriate computer hardware and software and required training programs to facilitate electronic: (1) delivery of a veterans newsletter; and (2) initiation of veterans benefits claims by veterans county service officers. Added by Acts 2003, 78th Leg., ch. 69, § 1, eff. May 16, 2003. § 434.106. DONATIONS; COMPUTERS FOR VETERANS COUNTY SERVICE OFFICERS. (a) The commission may accept donated computers from any person, including a governmental entity, and cooperate with that person to establish a program to provide computers at no cost to interested veterans county service officers. (b) A veterans county service officer who obtains a computer under this program shall: (1) make the computer available to veterans at the veterans county service office; or (2) lend the computer to veterans in a manner determined by the officer and approved by the county commissioners court. Added by Acts 2003, 78th Leg., ch. 69, § 1, eff. May 16, 2003.

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