BILL ANALYSIS

 

 

Senate Research Center

S.B. 667

88R4048 CXP-D

By: West

 

Natural Resources & Economic Development

 

3/20/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

One of the most important eras in American and Texan history, Reconstruction, lasted from the end of the Civil War in 1865 to 1877. Beginning with the 12th Legislative Session in 1870, the first African Americans were elected to the Texas State Legislature. Fifty-two African American lawmakers then served in the 12th, 13th, and 14th Legislative Sessions. Aside from a series of posters printed by the Texas Historical Commission and a small memorial in the Texas State Cemetery, no efforts have been undertaken to honor these important figures in Texas history in the counties they represented, due in part to a lack of information on many of these men. Recently, however, there has been a revolution in the digitization of historical newspapers, and more information has been discovered about many of these legislators. A notable example is J. Goldstein Dupree, an African American legislator who was assassinated by the Ku Klux Klan before completing his term in office. His death date was previously not known, but thanks to the

digitization of a German language newspaper from the 1870s, this information has now been discovered. Using the wealth of historical information from newspaper digitization, the time has come to properly honor these lawmakers in the districts in which they served.

 

S.B. 667 establishes a state historical marker program to honor the African American legislators who served during the 12th, 13th, or 14th Legislative Session. These historical markers will, when practicable, be installed at or nearby the grave of each of these men in consultation with the county historical commission where the grave is located and the cemetery association or other entity which manages the cemetery in which the grave is located. If the place of burial for any legislator is unknown or the placing of a marker at their gravesite is deemed inappropriate, a historical marker will be established at an appropriate place within the boundaries of the counties represented by the former member. All of these markers will have the same form, dimensions, and illustrations as a large Official Texas Historical Marker is described by Section 442.006(c) of the Government Code, except that the markers must also include the state seal at the bottom of the markers.

 

As proposed, S.B. 667 amends current law relating to establishing a state historical marker program to honor African Americans who served in the Texas Legislature during Reconstruction.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Requires that this Act be known as the Texas Black Reconstruction Legislators Recognition Act.

 

SECTION 2. Amends Subchapter A, Chapter 442, Government Code, by adding Section 442.0061, as follows:

 

Sec. 442.0061.  STATE HISTORICAL MARKER PROGRAM TO HONOR AFRICAN AMERICAN LEGISLATORS. (a) Requires the Texas Historical Commission (THC) to establish and administer a state historical marker program to honor African Americans who served in the Texas Legislature between 1870 and 1875, during the 12th, 13th, or 14th legislative session.

 

(b)   Requires THC, except as provided by Subsection (c), to install a historical marker at or as near as practicable to the grave of each former member of the Texas Legislature described by Subsection (a) in consultation with the:

 

(1)  county historical commission established under Chapter 318 (Historic Preservation by Counties), Local Government Code, for the county in which the grave is located; and

 

(2)  cemetery association or other entity that manages the cemetery in which the grave is located.

 

(c) Requires THC, in consultation with the county historical commission established under Chapter 318, Local Government Code, for each county represented by the former member, if the former member's place of burial is unknown or THC determines that placement of a historical marker at the former member's place of burial is inappropriate, to install a historical marker at an appropriate place within the boundaries of the counties represented by the former member.

 

(d)  Requires that historical markers installed under this section:

 

(1)  have the same form, dimensions, and illustrations as a large Official Texas Historical Marker described by Section 442.006(c) (relating to requiring THC to review certain information regarding fabrication of historical markers) except that the markers are required to also include the state seal at the bottom of the markers; and

 

(2)  include certain text. Sets forth the language required to be included in the text.

 

(e)  Authorizes THC to seek assistance from other state and local governmental entities in carrying out THC's duties under this section.

 

(f) Authorizes THC to seek and accept gifts, grants, and donations from public or private sources, including seeking available federal funds, to accomplish the purposes of this section.

 

SECTION 3. Requires THC, not later than January 1, 2025, to install the historical markers required by Section 442.0061, Government Code, as added by this Act.

 

SECTION 4. Effective date: September 1, 2023.