BILL ANALYSIS

C.S.H.B. 5093

By: Cain

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Previous celebrations of the 150th and 100th anniversaries of Texas' declaration of independence were significant economic generators for the state, and celebration participants and supporters are seeking to begin planning for the bicentennial celebration as soon as possible to maximize its economic benefits. However, the legislation enacted by the 87th Texas Legislature creating a committee to study forming a commission to plan the bicentennial celebration expired on January 1, 2023, resulting in the committee's abolishment on that date. C.S.H.B. 5093 seeks to address the issue of planning for the 2036 Texas Bicentennial to ensure that it is a successful celebration that generates significant economic benefits for the state by reestablishing the committee to study the formation of a Texas Bicentennial Commission that will plan the celebration.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5093 reestablishes the 18-member committee to study the formation of a Texas Bicentennial Commission to continue carrying out the committee's duties and authorizes a person who served on the previous committee to be reappointed by the relevant appointing authority. The bill is composed of one member appointed by the governor who serves as presiding officer, one member appointed jointly by the lieutenant governor and the speaker of the house of representatives who serves as assistant presiding officer, five senators appointed by the lieutenant governor and five members of the house of representatives appointed by the speaker of the house, and six nonvoting members appointed by the governor who are Texas residents with at least one of the six appointed from each state senatorial district that contains one of the following: 

· Fair Park;

· the San Jacinto Battleground State Historic Site;

· the Alamo;

· the State Capitol; or

· Washington-on-the-Brazos State Historic Site.

C.S.H.B. 5093 requires the committee to reflect the racial, ethnic, and geographic diversity of Texas, provides for the committee's meetings, which must be open to the public, and its authority to establish subcommittees, and prohibits committee members from receiving compensation for committee service. The bill requires the General Land Office and the Texas Historical Commission to provide administrative support services at the committee's request, including assisting in drafting and compiling the committee's required report.

C.S.H.B. 5093 requires the committee to study the formation of a Texas Bicentennial Commission to plan the celebration of the 2036 bicentennial of Texas, including the commission's composition, the manner of appointing its members, the total number of members, and the commission's scope and duties. The bill requires the committee to submit not later than September 30, 2024, a written report to each member of the legislature with recommendations on those areas of study and any other recommendations the committee considers appropriate.  The bill requires the committee to submit a second report to each member of the legislature not later than September 30, 2026, covering the committee's activities performed after the date the first report is submitted. The bill expires and the committee is abolished on January 1, 2027.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5093 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes provisions not in the introduced that clarify that the committee is being reestablished to continue carrying out the committee's duties and that authorize a person who served on the previous committee to be reappointed to the committee by the relevant appointing authority.

The substitute includes a provision not in the introduced that requires the committee to submit a second report to each member of the legislature not later than September 30, 2026.

The substitute changes the date on which the committee is abolished and the bill's provisions expire from January 1, 2025, as in the introduced, to January 1, 2027.