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.