SCR 27

Overall Vote Recommendation
Neutral
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest

SCR 27 authorizes the Honorable Judge Guy Herman to be eligible for burial in the Texas State Cemetery, contingent upon approval by the State Cemetery Committee as required by Section 2165.256 of the Texas Government Code. This provision of law allows for such interments when a concurrent resolution of the Legislature names an individual who has made a "significant contribution to Texas history" and the State Cemetery Committee concurs.

The resolution recounts the distinguished career of Judge Herman, who was first elected as Travis County probate judge in 1985. Over his decades of service, Judge Herman adjudicated complex legal matters involving estates, guardianships, and mental health commitments. He played a key role in expanding the court's capacity to serve a growing population and mentored many in the legal field. His leadership as the presiding judge for the Statutory Probate Judges of Texas also contributed significantly to legislative reforms, particularly those improving probate and mental health laws.

Notably, Judge Herman was instrumental in mental health policy innovations, advocating for humane alternatives to incarceration and expanding access to mental health services. His work was central to the creation of the Judge Guy Herman Center for Mental Health Crisis Care in Travis County. The resolution recognizes these accomplishments as exemplary public service that warrants the honor of interment in the State Cemetery, pending final approval by the relevant oversight body.

Author (1)
Sarah Eckhardt
Sponsor (5)
Maria Flores
Donna Howard
Richard Raymond
Vikki Goodwin
Harold Dutton
Fiscal Notes

SCR 27 is a ceremonial legislative measure that does not authorize new spending, impose mandates on state agencies, or modify statutory appropriations. Its sole purpose is to express the Legislature’s authorization for the burial of Judge Guy Herman in the Texas State Cemetery, contingent upon approval by the State Cemetery Committee in accordance with existing law (Section 2165.256, Government Code). As such, the resolution itself does not carry any direct fiscal impact to the state budget.

If the State Cemetery Committee subsequently approves the interment, any associated costs would be handled through existing processes and budgets managed by the Texas State Preservation Board, which oversees operations of the State Cemetery. Typical costs might include minor administrative processing and ceremonial logistics, which are usually absorbed within the board's regular appropriations. These costs are generally nominal and infrequent, given the limited number of such resolutions passed in any given session.

Moreover, SCR 27 does not establish any obligation for the state to fund burial expenses. The decision to cover burial costs or related commemorations is customarily made on a case-by-case basis and often involves private family arrangements or non-state resources. In summary, SCR 27 has minimal to no fiscal implications and can be implemented within existing state resources.

Vote Recommendation Notes

SCR 27 is a ceremonial measure that authorizes the Honorable Judge Guy Herman to be considered for burial in the Texas State Cemetery, contingent upon approval by the State Cemetery Committee. The resolution outlines Judge Herman’s extensive public service, including his role as Travis County probate judge since 1985, his contributions to probate and mental health law, and his involvement in developing humane approaches to mental health treatment within the justice system. His impact is well-documented and deserving of recognition.

However, the resolution does not create new laws, impose any fiscal or regulatory burden, or substantively affect the lives or liberties of Texans. It does not change existing standards for who may be buried in the State Cemetery but simply triggers the statutory process for consideration by the appropriate governing body. As such, its scope is narrowly limited to honoring a single individual’s contributions, with no broader implications for liberty principles, public policy, or the structure of government.

Given its symbolic and procedural nature and the absence of a direct nexus to core liberty principles such as individual liberty, personal responsibility, free enterprise, private property rights, or limited government, Texas Policy Research remains NEUTRAL on SCR 27.

  • Individual Liberty: While the resolution itself does not affect individual rights, it honors a public servant who actively worked to uphold the liberty of vulnerable populations—especially individuals with mental illness. Judge Herman’s judicial innovations, such as supporting outpatient treatment instead of incarceration, reflect a commitment to preserving personal autonomy and dignity within the legal system. However, these contributions are retrospective and commemorative; the resolution does not enact new protections.
  • Personal Responsibility: Judge Herman’s long service reflects principles of public accountability and ethical stewardship. The resolution reinforces the value of personal responsibility in public office but does not create or mandate new responsibilities for others. Thus, while it symbolizes this principle, it has no operative effect on its advancement.
  • Free Enterprise: There is no direct impact on economic freedom or the marketplace. The resolution neither interferes with nor enhances the conditions under which businesses operate in Texas. Any indirect connection to efficient public service—such as mental health interventions reducing burdens on local systems—remains tangential.
  • Private Property Rights: As a probate judge, Herman dealt with issues central to property rights. However, this resolution does not affect existing statutes or court interpretations of those rights. It commemorates his service but has no practical consequence for property ownership or legal protections.
  • Limited Government: The resolution respects existing statutory boundaries by deferring to the State Cemetery Committee for final approval. It does not expand government authority or create entitlements. Its limited scope and adherence to procedural norms are consistent with principles of restrained governance.
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