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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Slavery and Segregation |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 452 to read as follows: |
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CHAPTER 452. TEXAS SLAVERY AND SEGREGATION COMMISSION |
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SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS |
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Sec. 452.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Slavery and |
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Segregation Commission. |
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(2) "Segregation" means the legally or socially |
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enforced separation of facilities, services, and opportunities, |
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such as housing, medical care, education, employment, and |
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transportation, on the basis of race or ethnicity. |
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(3) "Slavery" means the enslavement of approximately |
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six million Africans and thousands of other persons in the United |
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States before the passage of the 13th Amendment to the United States |
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Constitution. It includes state-sponsored, systematic acts of |
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persecution, discrimination, violence, and other human rights |
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violations committed against those persons by former slaveholders |
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and slave traders. |
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Sec. 452.002. SUNSET PROVISION. The Texas Slavery and |
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Segregation Commission is subject to Chapter 325 (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the commission is abolished and this chapter expires September 1, |
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2035. |
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Sec. 452.003. ADMINISTRATIVE ATTACHMENT. The commission is |
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administratively attached to the office of the secretary of state. |
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Sec. 452.004. COMPOSITION OF COMMISSION. (a) The |
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commission is composed of the following 18 members: |
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(1) 15 public members appointed as follows: |
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(A) five public members appointed by the |
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governor; |
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(B) five public members appointed by the |
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lieutenant governor; and |
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(C) five public members appointed by the speaker |
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of the house of representatives; and |
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(2) three ex officio members as follows: |
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(A) the commissioner of education; |
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(B) the commissioner of higher education; and |
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(C) the executive director of the Texas Veterans |
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Commission. |
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(b) The speaker of the house of representatives shall |
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designate a member of the house and the lieutenant governor shall |
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designate a member of the senate to advise the commission. |
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Sec. 452.005. PUBLIC MEMBERS: ELIGIBILITY; APPOINTMENT; |
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VACANCY. (a) A person appointed as a public member of the |
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commission under Section 452.004 must be a resident of this state. |
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(b) Public members of the commission must include: |
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(1) persons who have served prominently as leaders of |
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or spokespersons for public or private organizations that serve |
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members of racial and ethnic groups that were victims of slavery or |
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segregation; |
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(2) persons who have significant professional |
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experience in the field of slavery or segregation education; and |
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(3) persons who have demonstrated a significant, |
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particular interest in slavery or segregation education. |
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(c) Appointments of public members to the commission shall |
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be made: |
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(1) without regard to the race, color, disability, |
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sex, religion, age, or national origin of an appointee; and |
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(2) so that each geographic area of this state is |
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represented on the commission. |
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(d) The original appointing authority shall fill any |
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vacancy in an appointed position by appointing a new public member |
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for the unexpired portion of the term. |
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Sec. 452.006. EX OFFICIO MEMBERS: ELIGIBILITY; DESIGNATION |
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OF REPRESENTATIVE. (a) An ex officio member of the commission |
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vacates the person's position on the commission if the person |
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ceases to hold the position that qualifies the person for service on |
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the commission. |
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(b) An ex officio member may designate a representative to |
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serve on the commission in the member's absence. A representative |
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designated under this subsection must be an officer or employee of |
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the state agency that employs the ex officio member. |
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Sec. 452.007. REMOVAL OF PUBLIC MEMBER. (a) It is a ground |
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for removal of a public member from the commission if the member: |
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(1) is ineligible for public membership under Section |
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452.005(a); |
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(2) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the term for |
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which the member is appointed; or |
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(3) is absent from more than three consecutive |
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regularly scheduled commission meetings that the member is eligible |
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to attend during a calendar year, unless the absence is excused by a |
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majority vote of the commission. |
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(b) The validity of an action taken by the commission is not |
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affected by the fact that it is taken when a ground for removal of a |
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public member exists. |
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(c) If a member of the commission has knowledge that a |
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potential ground for removal exists, the member shall notify the |
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presiding officer of the commission of the potential ground. The |
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presiding officer shall then notify the governor and the attorney |
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general that a potential ground for removal exists. |
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Sec. 452.008. TERM OF PUBLIC MEMBER. (a) A public member |
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of the commission serves a four-year term expiring February 1 of |
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every other odd-numbered year. |
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(b) A public member is eligible for reappointment to another |
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term or part of a term. |
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(c) A public member may not serve more than two consecutive |
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terms. For purposes of this prohibition, a member is considered to |
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have served a term only if the member has served more than half of |
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the term. |
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Sec. 452.009. OFFICERS; SUBCOMMITTEES. (a) The governor |
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shall designate a public member of the commission as presiding |
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officer to serve in that capacity at the pleasure of the governor. |
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(b) The presiding officer of the commission may appoint a |
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subcommittee for any purpose consistent with the duties of the |
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commission under this chapter. |
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Sec. 452.010. COMPENSATION; EXPENSES. (a) A public member |
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of the commission is not entitled to compensation but is entitled to |
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reimbursement for travel expenses incurred by the member while |
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transacting commission business, as provided by the General |
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Appropriations Act. |
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(b) An ex officio member's service on the commission is an |
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additional duty of the underlying position that qualifies the |
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member for service on the commission. The entitlement of an ex |
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officio member to compensation or to reimbursement for travel |
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expenses incurred while transacting commission business is |
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governed by the law that applies to the member's service in that |
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underlying position, and any payment to the member for either |
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purpose must be made from money that may be used for the purpose and |
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is available to the state agency that the member serves in that |
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underlying position. |
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Sec. 452.011. MEETINGS; QUORUM; VOTING; PUBLIC ACCESS. (a) |
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The commission shall meet at least quarterly at the times and places |
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in this state that the commission designates. |
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(b) Seven voting members of the commission constitute a |
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quorum for transacting commission business. An ex officio member |
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of the commission may not vote on commission business. |
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(c) The commission shall develop and implement policies |
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that provide the public with a reasonable opportunity to appear |
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before the commission and speak on any issue under the jurisdiction |
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of the commission. |
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Sec. 452.012. COORDINATOR. The office of the secretary of |
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state shall provide one part-time employee to serve as the |
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coordinator for the commission to transact commission business. |
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SUBCHAPTER B. POWERS AND DUTIES; FUNDING |
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Sec. 452.051. ADVISORY STATUS OF COMMISSION. (a) In |
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implementing its powers and duties under this chapter, the |
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commission functions only in an advisory capacity. Membership on |
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the commission does not constitute a public office. |
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(b) Chapter 2110 does not apply to the commission. |
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Sec. 452.052. GENERAL POWERS AND DUTIES OF COMMISSION. (a) |
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The commission shall: |
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(1) provide advice and assistance to public and |
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private primary and secondary schools and institutions of higher |
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education in this state regarding the implementation of courses and |
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awareness programs about slavery and segregation; |
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(2) meet with appropriate representatives of public |
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and private organizations, including service organizations, to |
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provide information on and to assist in planning, coordinating, or |
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modifying courses and awareness programs about slavery and |
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segregation; |
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(3) determine which, if any, existing memorials, |
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exhibits, or other resources on slavery or segregation could be |
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included in or used to support courses and awareness programs about |
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slavery and segregation; |
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(4) compile a list of volunteers who have agreed to |
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share their verifiable knowledge and experiences regarding slavery |
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or segregation; |
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(5) coordinate events in this state on days designated |
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for memorializing slavery and segregation; and |
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(6) solicit volunteers to participate in |
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commemorative events designed to enhance public awareness of the |
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continuing impact of slavery and segregation. |
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(b) In implementing Subsection (a)(3), the commission may |
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contact and cooperate with: |
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(1) existing public or private resource organizations |
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dedicated to slavery or segregation, including museums, centers, |
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and organizations based in this state; |
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(2) state agencies that carry out the educational |
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functions of the state, including the Texas Education Agency and |
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the Texas Higher Education Coordinating Board; and |
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(3) members of the United States Congress and of the |
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legislature of this state. |
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(c) The commission shall adopt rules as necessary for its |
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own procedures. |
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(d) The commission may appoint advisory committees to |
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advise the commission. |
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Sec. 452.053. FUNDING. (a) The commission may accept gifts |
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and grants from a public or private source for the commission to use |
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in performing the commission's powers and duties under this |
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chapter. |
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(b) The office of the secretary of state may provide staff |
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and support commission functions and activities with money |
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available to the office that may be used for that purpose. The |
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legislature may also specifically appropriate money to the office |
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of the secretary of state to provide staff and to otherwise support |
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commission functions and activities. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the governor, the lieutenant governor, and the |
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speaker of the house of representatives shall appoint public |
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members to the Texas Slavery and Segregation Commission as provided |
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by Chapter 452, Government Code, as added by this Act. |
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(b) The terms of the initial public members appointed to the |
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Texas Slavery and Segregation Commission expire February 1, 2027. |
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SECTION 3. This Act takes effect September 1, 2023. |