March 22 issue (all sections) - Texas Secretary of State

well as adding language that provides additional guidance or direction
than that reflected in the governing statutes.
Mr. Bradley has further determined that there will be no effect on
individuals or large, small, and micro-businesses as a result of
the proposed rules. Consequently, an Economic Impact Statement
and Regulatory Flexibility Analysis, pursuant to Texas Government
Code, §2006.002 (Vernon 2008), are not required.
In addition, Mr. Bradley has determined that for each year of
the first five-year period the proposed rules are in effect there
should be no effect on a local economy; therefore, no local employment
impact statement is required under Administrative Procedure
Act, Texas Government Code, §2001.022 (Vernon 2008).
Request for Comments.
Interested persons may submit written comments on the proposed
rules to General Counsel, Legal Services Division,
Texas Facilities Commission, P.O. Box 13047, Austin, Texas
78711-3047. Comments may also be sent via email to rulescomments@tfc.state.tx.us.
For comments submitted electronically,
please include "Proposed Texas State Cemetery Rules" in the
subject line. Comments must be received no later than thirty
(30) days from the date of publication of the proposed rules
in the Texas Register. Comments should be organized in a
manner consistent with the organization of the proposed rules.
Questions concerning the proposed rules may be directed to
Ms. Kay Molina, General Counsel, at (512) 475-2400.
Statutory Authority.
The amended rules are proposed under Texas Government
Code, §2165.256(i) (Vernon 2008) and §2165.2561(m) (Vernon
Supp. 2012).
Cross Reference to Statute.
The statutory provisions affected by the proposed rules are those
set forth in §2165.256 and §2165.2561 of the Texas Government
Code.
§71.11. Monuments.
(a) Monuments and inscriptions are subject to the approval and
regulation of the Committee.
(b) All monument designs shall be submitted to the Cemetery
superintendent [Superintendent] for review and compliance with the
requirements set forth by the Committee. Incomplete submissions will
be returned.
(c) The Committee specifically reserves the right to reject any
monument design, if, in the opinion of the Committee, the quality
or craftsmanship of the monument design is not suitable, blocks the
view of surrounding monuments, is not in keeping with the dignity
and respect of the Cemetery, or does not comply with the following
guidelines:
(1) Only selected natural stone from established quarries,
or bronze meeting the specifications of the United States Bureau of
Standards should be used for monuments. In all cases, craftsmanship
should be of superior quality.
(2) Curbs, fences, borders, benches, plantings or enclosures
around any burial spaces must be approved by the Committee.
(3) Monuments and inscriptions on any monument shall be
accurate and in keeping with the respect and dignity for the interred and
for the Cemetery as a place of honor and to memorialize noteworthy
Texans.
(4) Photographs or electronic devices on any monument
shall be prohibited.
(5) [(4)] Temporary markers of wood or concrete are prohibited.
Temporary metal markers provided by funeral homes are permitted
until replaced by a permanent monument. Permanent monuments,
including gravesite markers, must be placed at future burial sites
no later than two (2) years following the date of interment or, in the case
of an existing burial site, no later than one (1) year following the effective
date of this rule. Permanent gravesite markers are solely the
responsibility of the decedent's estate or family. Appeals for a time extension
may be considered by the Committee.
(6) [(5)] Monuments shall be constructed within the following
dimensional specifications:
(A)
Maximum height: 6 [7] feet or 72 inches.[;]
(B) Maximum width: 7 feet or 84 inches. [The footprint
of the monument shall not cover more than 20% of the surface of the
lot being 7 feet in depth and 6.66 feet (80 inches) in width;]
(C) Maximum depth: 20 inches. [If the width to height
ratio of the monument exceeds a 2 to 1 ratio, the Committee will review
the design. The design, size, and location of the monument will be
considered by the Committee in making a decision; and]
(D) A flush installed ledger stone shall not exceed 7 feet
in depth and 3.5 [6.66] feet in width.
(E) All monuments including any obelisk or nonstandard
monuments are subject to the approval of the Committee based
on location, size, and quality of craftsmanship.
(F) Single plot monuments shall be reviewed by the
Committee on a case-by-case basis and will be subject to approval
based on location, size, and quality of craftsmanship.
(7) [(6)] The Committee may also evaluate any proposal
for a new monument to ensure that the proposed design does not detract
or otherwise impact the prominence of the Medal of Honor monument.
(8) Commemorative monuments dedicated to the military
or specific historical or cultural events may be exempt from the dimensional
specifications of this section.
(d) Aboveground vaults, crypts and mausoleums are prohibited,
except for interment in the Columbarium Wall.
(e)
Monuments are the property of the State of Texas.
§71.13. Vaults and Graveliners.
The use of metal, asphalt, concrete, and other types of below ground
burial vaults or graveliners purchased at private expense in the Cemetery
is required. Neither the superintendent nor any Cemetery employee
shall be involved in making these arrangements. Cremains are
not subject to this regulation; however, the urn must be of quality craftsmanship.
The spreading of ashes shall be approved by the superintendent.
§71.14. Cenotaphs.
(a) Cenotaphs are subject to the approval and regulations of
the Committee.
(b) Cenotaph designs shall be submitted to the Cemetery superintendent
for review and compliance with the regulations set forth
by the Committee.
(c) The Committee specifically reserves the right to reject and
prohibit the erection of a cenotaph, if, in the opinion of the Committee
PROPOSED RULES March 22, 2013 38 TexReg 1947