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."