By Wilson                                            H.J.R. No. 117
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment prohibiting preferential
    1-2  treatment of person in public employment, public education, or
    1-3  public contracting after the economic effects of past
    1-4  discrimination have been offset through the payment of reparations.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article I of the Texas Constitution is amended by
    1-7  adding Sections 3b and 3c to read as follows:
    1-8        Sec. 3b.  (a)  To the extent that the following groups have
    1-9  been victims of past discrimination, members of those groups who
   1-10  are Texas residents are entitled to reparations to compensate for
   1-11  the economic effects of the fundamental injustices of
   1-12  discrimination sanctioned by the state, agents of the state, and
   1-13  political subdivisions of the state:  African Americans, native
   1-14  Americans, Hispanic Americans, and women.
   1-15        (b)  The amount of reparations to which a person is entitled
   1-16  shall be established by the reparations commission.  The commission
   1-17  is composed of nine members, with four members appointed by the
   1-18  lieutenant governor, four members appointed by the speaker of the
   1-19  house of representatives, and one member appointed by the governor.
   1-20  The member appointed by the governor and a majority of the members
   1-21  of the commission appointed by the lieutenant governor and the
   1-22  speaker must be members of a group entitled to reparations under
   1-23  Subsection (a).  Members serve until the commission is abolished
    2-1  under Subsection (f) of this section.  In the event of a vacancy,
    2-2  the appointing authority shall appoint a replacement.  The
    2-3  appointment of the governor is subject to the advice and consent of
    2-4  the senate.   Notwithstanding other law, a person who holds other
    2-5  public office may serve as a member of the commission.  Members of
    2-6  the commission are entitled to reimbursement for expenses in the
    2-7  manner provided by law for state officers generally.
    2-8        (c)  The commission shall study de jure and de facto racial
    2-9  and economic discrimination against all the groups entitled to
   2-10  reparations as a result of actions of the state, agents of the
   2-11  state, or political subdivisions of state and the impact of that
   2-12  discrimination on living persons who are members of those groups.
   2-13  The commission shall complete its study not later than December 31,
   2-14  1996.
   2-15        (d)  Not later than the convening of the 75th Legislature in
   2-16  1997, the commission shall adopt a schedule of reparations payments
   2-17  for persons who are members of groups entitled to reparations.
   2-18  Each member of such a group is entitled to an equal dollar amount
   2-19  as reparations, but the commission may establish different dollar
   2-20  amounts among groups.
   2-21        (e)  Reparations are payable from funds appropriated for that
   2-22  purpose.  Payment shall be made in the manner provided by law under
   2-23  the general supervision of the reparations commission.  The
   2-24  legislature shall provide by general law for the determination of
   2-25  an individual's entitlement to reparations.  All reparations must
    3-1  be paid not later than December 31, 2002.
    3-2        (f)  On a date certified by the reparations commission that
    3-3  the reparations are fully paid, the governor shall issue a
    3-4  proclamation that the economic effects of past discrimination
    3-5  against members of the groups entitled to reparations have been
    3-6  offset.  On that date, the commission is abolished, this section
    3-7  expires, and Section 3c of this Article takes effect.
    3-8        Sec. 3c.  (a)  The state, an agent of the state, or a
    3-9  political subdivision of the state may not discriminate against or
   3-10  grant preferential treatment to a person because of the person's
   3-11  race, sex, sexual orientation, color, ethnicity, or national origin
   3-12  in the operation of the state's system of public employment, public
   3-13  education, or public contracting.
   3-14        (b)  This section takes effect as provided by Section 3b and
   3-15  applies only to action take by the state, an agent of the state, or
   3-16  a political subdivision of the state on or after the effective date
   3-17  of this section.
   3-18        SECTION 2.  This proposed constitutional amendment shall be
   3-19  submitted to the voters at an election to be held November 7, 1995.
   3-20  The ballot shall be printed to permit voting for or against the
   3-21  proposition:  "The constitutional amendment to prohibit
   3-22  discrimination against or preferential treatment of persons in
   3-23  public employment, public education, or public contracting after
   3-24  the economic effects of past discrimination have been offset
   3-25  through the payment of reparations."