88R4048 CXP-D

By: Dutton H.B. No. 2580

A BILL TO BE ENTITLED

AN ACT

relating to establishing a state historical marker program to honor African Americans who served in the Texas Legislature during Reconstruction.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Texas Black Reconstruction Legislators Recognition Act.

SECTION 2. Subchapter A, Chapter 442, Government Code, is amended by adding Section 442.0061 to read as follows:

Sec. 442.0061. STATE HISTORICAL MARKER PROGRAM TO HONOR AFRICAN AMERICAN LEGISLATORS. (a) The commission shall 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) Except as provided by Subsection (c), the commission shall 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, 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) If the former member's place of burial is unknown or the commission determines that placement of a historical marker at the former member's place of burial is inappropriate, the commission, in consultation with the county historical commission established under Chapter 318, Local Government Code, for each county represented by the former member, shall install a historical marker at an appropriate place within the boundaries of the counties represented by the former member.

(d) Historical markers installed under this section must:

(1) have the same form, dimensions, and illustrations as a large Official Texas Historical Marker described by Section 442.006(c) except that the markers must also include the state seal at the bottom of the markers; and

(2) include text that reads:

"FOLLOWING THE AMERICAN CIVIL WAR AND EMANCIPATION OF SLAVES IN 1865, IT WAS NOT UNTIL 1871 THAT AFRICAN AMERICANS IN TEXAS WERE ABLE TO UNIFORMLY REGISTER TO VOTE, FOLLOWING THE RATIFICATION OF THE 15TH AMENDMENT TO THE U.S. CONSTITUTION.

"WHILE AFRICAN AMERICANS SERVED AS DELEGATES TO STATE CONSTITUTIONAL CONVENTIONS PRIOR TO 1870, THE FIRST AFRICAN AMERICANS ELECTED TO SERVE IN THE TEXAS LEGISLATURE WERE ELECTED TO THE 12TH LEGISLATURE, WHICH CONVENED IN PROVISIONAL SESSION ON FEBRUARY 8, 1870.

"PRIOR TO THE END OF FEDERAL RECONSTRUCTION IN 1870, TWELVE AFRICAN AMERICANS SERVED IN THE TEXAS HOUSE OF REPRESENTATIVES, AND TWO SERVED IN THE TEXAS SENATE.

"THIS MARKER IS ERECTED IN HONOR OF:

"(FIRST NAME, MIDDLE INITIAL, AND SURNAME OF THE FORMER MEMBER) (THE CHAMBER OF THE LEGISLATURE IN WHICH THE FORMER MEMBER SERVED AND THE LEGISLATURE DURING WHICH THE FORMER MEMBER SERVED) (THE FORMER MEMBER'S DATE OF BIRTH OR "UNKNOWN," AS APPLICABLE) (THE FORMER MEMBER'S DATE OF DEATH) (EACH COUNTY REPRESENTED BY THE FORMER MEMBER)

"ERECTED BY THE 88TH TEXAS LEGISLATURE AND THE TEXAS HISTORICAL COMMISSION AS AUTHORIZED BY (NUMBER OF THE BILL PASSED BY THE 88TH LEGISLATURE AUTHORIZING THE ESTABLISHMENT OF THE STATE HISTORICAL MARKER PROGRAM HONORING AFRICAN AMERICAN LEGISLATORS)"

(e) The commission may seek assistance from other state and local governmental entities in carrying out the commission's duties under this section.

(f) The commission may 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. Not later than January 1, 2025, the Texas Historical Commission shall install the historical markers required by Section 442.0061, Government Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2023.