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Texas Natural Resources Code - Section 161.001. Definitions

Legal Research Home > Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 161.001. Definitions

§ 161.001. DEFINITIONS.  (a) In this chapter:                               
		(1)  "Board" means the Veterans' Land Board.                                  
		(2)  "Commissioner" means the Commissioner of the 
General Land Office.      
		(3)  "Land office" means the General Land Office.                             
		(4)  "Program" means the Veterans' Land Program.                              
		(5)  "Fund" means the veterans' land fund.                                    
		(6)  "Bonds" means general obligation bonds issued by 
the board for the purpose of funding the program.
		(7)  "Veteran" means a person who:                                            
			(A)(i) served not less than 90 days, unless sooner 
discharged by reason of a service-connected disability, on active 
duty in the Army, Navy, Air Force, Coast Guard, United States Public 
Health Service (as constituted under 42 U.S.C. Section 201 et 
seq.), or Marine Corps of the United States after September 16, 
1940, and who on the date of filing an application under the program 
has not been dishonorably discharged from the branch of the service 
in which the person served;
				(ii)  has at least 20 years of active or 
reserve military service as computed when determining the person's 
eligibility to receive retired pay under applicable federal law;
				(iii)  has enlisted or received an 
appointment in the Texas National Guard, who has completed all 
initial active duty training required as a condition of the 
enlistment or appointment, and who on the date of filing the 
person's application has not been dishonorably discharged from the 
Texas National Guard;  or
				(iv)  served in the armed forces of the 
Republic of Vietnam between February 28, 1961, and May 7, 1975, if 
the board adopts a rule regarding these veterans under Subsection 
(b);
			(B)  at the time of the person's enlistment, 
induction, commissioning, appointment, or drafting was a bona fide 
resident of this state or has resided in this state at least one 
year immediately before the date of filing an application under 
this chapter;  and
			(C)  at the time of the person's application under 
this chapter is a bona fide resident of this state.  The term 
includes the unmarried surviving spouse of a veteran who died or who 
is identified as missing in action if the deceased or missing 
veteran meets the requirements of this section, with the exception 
that the deceased or missing veteran need not have served 90 days 
under Paragraph (A)(i) of this subdivision, and if the deceased or 
missing veteran was a bona fide resident of this state at the time 
of enlistment, induction, commissioning, appointment, or drafting.
	(b)  Notwithstanding Subdivision (7) of Subsection (a) of 
this section, the board may by rule change the definition of 
"veteran" as necessary or appropriate to protect the best interests 
of the program.  If the board adopts a rule to change the definition 
of "veteran" to include a person who served in the armed forces of 
the Republic of Vietnam between February 28, 1961, and May 7, 1975, 
the rule must include procedures for establishing proof of that 
service.
	(c)  For purposes of this section, a person who has been 
discharged from the branch of the service in which the person served 
or from the Texas National Guard is considered not to have been 
dishonorably discharged if the person:
		(1)  received an honorable discharge;                                         
		(2)  received a discharge under honorable conditions;  
or                   
		(3)  received a discharge and provides evidence from 
the United States Department of Veterans Affairs, its successor, or 
other competent authority that indicates that the character of the 
person's duty has been determined to be other than dishonorable.

Acts 1977, 65th Leg., p. 2655, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1985, 69th Leg., ch. 798, § 1;  Acts 1989, 
71st Leg., ch. 298, § 1, eff. June 14, 1989;  Acts 1993, 73rd 
Leg., ch. 242, § 1.01, eff. Aug. 30, 1993;  Acts 2001, 77th Leg., 
ch. 83, § 1, eff. May 11, 2001;  Acts 2003, 78th Leg., ch. 1145, 
§ 1, 2, eff. June 20, 2003;  Acts 2005, 79th Leg., ch. 17, § 3, 
eff. Sept. 1, 2005.

Last modified: August 11, 2007