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."