1-1 By: Johnson, Kubiak (Senate Sponsor - Haley) H.B. No. 2524 1-2 (In the Senate - Received from the House April 19, 1993; 1-3 April 19, 1993, read first time and referred to Committee on 1-4 Administration; May 20, 1993, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 20, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Haley x 1-9 Moncrief x 1-10 Ellis x 1-11 Montford x 1-12 Shapiro x 1-13 Truan x 1-14 Turner x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the creation and operation of a commission to 1-18 coordinate the celebration of the bicentennial of the birth of 1-19 Stephen F. Austin. 1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-21 SECTION 1. COMMISSION. (a) The Stephen F. Austin 1-22 Bicentennial Celebration Commission is created and is composed of: 1-23 (1) seven public members appointed by the governor: 1-24 (A) one member from Stephen F. Austin State 1-25 University; 1-26 (B) one member from among the residents of the 1-27 city of Austin; 1-28 (C) one member from among the residents of 1-29 Austin County; 1-30 (D) one member from Austin College in Sherman; 1-31 (E) two members from the state at large; and 1-32 (F) one member from among the residents of the 1-33 Old Austin Colony, which includes Brazoria, Colorado, Fort Bend, 1-34 Galveston, Harris, Matagorda, Waller, Washington, and Wharton 1-35 counties; 1-36 (2) two members of the senate appointed by the 1-37 lieutenant governor to serve as ex officio members; 1-38 (3) two members of the house of representatives 1-39 appointed by the speaker of the house of representatives to serve 1-40 as ex officio members; 1-41 (4) the executive director of the Texas Historical 1-42 Commission serving as an ex officio member; and 1-43 (5) the director and librarian of the Texas State 1-44 Library and Archives Commission serving as an ex officio member. 1-45 (b) A member of the legislature vacates the person's 1-46 position on the commission if the person ceases to be a member of 1-47 the legislature. A vacancy is filled by the appointing officer in 1-48 the same manner as the original appointment. 1-49 (c) An ex officio member may designate a representative to 1-50 serve in the member's absence. A representative designated under 1-51 this subsection must be an officer or employee of the member's 1-52 state agency or house of the legislature. 1-53 (d) Each member is a voting member. The duties performed by 1-54 a state officer or employee as a member of the commission 1-55 constitute additional duties of the office or employment. 1-56 (e) Appointments of the public members to the commission 1-57 shall be made without regard to the race, color, handicap, sex, 1-58 religion, age, or national origin of the appointee. 1-59 (f) A member of the commission is not liable to civil action 1-60 for any act performed in good faith in the execution of duties as a 1-61 commission member. 1-62 (g) The commission is subject to the open meetings law, 1-63 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 1-64 (Article 6252-17, Vernon's Texas Civil Statutes), and its 1-65 subsequent amendments and the Administrative Procedure and Texas 1-66 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and 1-67 its subsequent amendments. 1-68 SECTION 2. TERMS. Public members of the commission hold 2-1 office until December 31, 1993. 2-2 SECTION 3. OFFICERS. At its first meeting, the commission 2-3 shall elect one of its members to serve as presiding officer. The 2-4 presiding officer is entitled to vote on all matters before the 2-5 commission. 2-6 SECTION 4. COMPENSATION. A public member of the commission 2-7 may not receive compensation for serving on the commission. A 2-8 public member is entitled to reimbursement for actual and necessary 2-9 expenses incurred in performing functions as a member of the 2-10 commission, subject to any applicable limitation on reimbursement 2-11 provided by the General Appropriations Act. 2-12 SECTION 5. MEETINGS. The commission shall meet monthly at 2-13 the call of the presiding officer and as provided by commission 2-14 rule. Regularly scheduled meetings shall be held at Stephen F. 2-15 Austin State University in Nacogdoches. Special meetings may be 2-16 held at other locations in the state. 2-17 SECTION 6. GENERAL POWERS AND DUTIES OF COMMISSION. 2-18 (a) The commission may adopt rules as necessary for its own 2-19 procedures. 2-20 (b) The commission shall coordinate state and local 2-21 activities relating to the celebration of the bicentennial of the 2-22 birth of Stephen F. Austin. 2-23 (c) The commission may encourage individuals, private 2-24 organizations, and local governmental bodies to organize 2-25 appropriate activities and may gather and disseminate information 2-26 to the public relating to those activities. 2-27 (d) The commission may accept gifts and grants from any 2-28 source to be used by the commission in performing its functions 2-29 under this Act. 2-30 SECTION 7. FINAL REPORT. (a) As soon after November 3, 2-31 1993, as the commission determines that it has completed its work 2-32 and has satisfied its financial obligations, but not later than 2-33 December 31, 1993, the commission shall file with the secretary of 2-34 state a final report verified by a certified public accountant that 2-35 shows: 2-36 (1) the total amount of contributions received by the 2-37 commission during the commission's existence; 2-38 (2) the total amount of expenditures made by the 2-39 commission from nonappropriated funds; and 2-40 (3) the total amount of nonappropriated funds 2-41 remaining in the commission's possession. 2-42 (b) On the date on which the commission files its final 2-43 report with the secretary of state, the commission shall deliver to 2-44 the state treasurer all unexpended nonappropriated funds it 2-45 possesses. The treasurer shall deposit the funds in the state 2-46 treasury to the credit of the general revenue fund. 2-47 SECTION 8. As soon as possible after the effective date of 2-48 this Act, the governor, lieutenant governor, and speaker of the 2-49 house of representatives shall appoint to the Stephen F. Austin 2-50 Bicentennial Celebration Commission the members as required by 2-51 Section 1 of this Act. 2-52 SECTION 9. EXPIRATION. This Act expires and the commission 2-53 is abolished effective December 31, 1993. 2-54 SECTION 10. EMERGENCY. The importance of this legislation 2-55 and the crowded condition of the calendars in both houses create an 2-56 emergency and an imperative public necessity that the 2-57 constitutional rule requiring bills to be read on three several 2-58 days in each house be suspended, and this rule is hereby suspended, 2-59 and that this Act take effect and be in force from and after its 2-60 passage, and it is so enacted. 2-61 * * * * * 2-62 Austin, 2-63 Texas 2-64 May 20, 1993 2-65 Hon. Bob Bullock 2-66 President of the Senate 2-67 Sir: 2-68 We, your Committee on Administration to which was referred H.B. 2-69 No. 2524, have had the same under consideration, and I am 2-70 instructed to report it back to the Senate with the recommendation 3-1 that it do pass and be printed. 3-2 Haley, 3-3 Chairman 3-4 * * * * * 3-5 WITNESSES 3-6 No witnesses appeared on H.B. No. 2524.