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.