By Edwards H.B. No. 1216 75R1635 MLS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation and operation of the Texas Emancipation 1-3 Juneteenth Cultural and Historical Commission. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle D, Title 4, Government Code, is amended 1-6 by adding Chapter 448 to read as follows: 1-7 CHAPTER 448. TEXAS EMANCIPATION JUNETEENTH 1-8 CULTURAL AND HISTORICAL COMMISSION 1-9 SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS 1-10 Sec. 448.001. DEFINITIONS. In this chapter: 1-11 (1) "Commission" means the Texas Emancipation 1-12 Juneteenth Cultural and Historical Commission. 1-13 (2) "Juneteenth" means the anniversary of the event of 1-14 emancipation from slavery that occurred in Texas on June 19, 1865. 1-15 Sec. 448.002. SUNSET PROVISION. The Texas Emancipation 1-16 Juneteenth Cultural and Historical Commission is subject to Chapter 1-17 325 (Texas Sunset Act). Unless continued in existence as provided 1-18 by that chapter, the commission is abolished and this chapter 1-19 expires September 1, 2001. 1-20 Sec. 448.003. COMPOSITION OF COMMISSION. The commission is 1-21 composed of: 1-22 (1) six public members appointed by the governor with 1-23 the advice and consent of the senate; 1-24 (2) two members of the senate appointed by the 2-1 lieutenant governor to serve as ex officio, nonvoting members; 2-2 (3) two members of the house of representatives 2-3 appointed by the speaker of the house to serve as ex officio, 2-4 nonvoting members; and 2-5 (4) the executive director of the Texas Historical 2-6 Commission to serve as an ex officio, nonvoting member. 2-7 Sec. 448.004. APPOINTMENT. (a) Appointments to the 2-8 commission shall be made without regard to the race, color, 2-9 disability, sex, religion, age, or national origin of the 2-10 appointees. 2-11 (b) Appointments of the public members to the commission 2-12 shall be made so that each geographic area of the state is 2-13 represented on the commission. 2-14 Sec. 448.005. ELIGIBILITY OF EX OFFICIO MEMBERS. (a) An ex 2-15 officio member of the commission vacates the person's position on 2-16 the commission if the person ceases to hold the underlying position 2-17 that qualifies the person for service on the commission. A vacancy 2-18 in the office is filled in the same manner as originally. 2-19 (b) An ex officio member may designate a representative to 2-20 serve in the member's absence. A representative designated under 2-21 this subsection must be an officer or employee of the member's 2-22 state agency or house of the legislature. 2-23 Sec. 448.006. CONFLICTS OF INTEREST; REMOVAL PROVISIONS. 2-24 (a) A person may not serve as a member of the commission if the 2-25 person is required to register as a lobbyist under Chapter 305 2-26 because of the person's activities for compensation on behalf of a 2-27 profession related to the operation of the commission. 3-1 (b) An officer, employee, or paid consultant of a Texas 3-2 trade association in the field of historic preservation may not be 3-3 a member of the commission and may not be an employee of the 3-4 commission who is exempt from the state's position classification 3-5 plan or is compensated at or above the amount prescribed by the 3-6 General Appropriations Act for step 1, salary group 17, of the 3-7 position classification salary schedule. 3-8 (c) A person who is the spouse of an officer, manager, or 3-9 paid consultant of a Texas trade association in the field of 3-10 historic preservation may not be a member of the commission and may 3-11 not be an employee of the commission who is exempt from the state's 3-12 position classification plan or is compensated at or above the 3-13 amount prescribed by the General Appropriations Act for step 1, 3-14 salary group 17, of the position classification salary schedule. 3-15 (d) It is a ground for removal from the commission if a 3-16 member: 3-17 (1) violates a prohibition established by this 3-18 section; 3-19 (2) cannot because of illness or disability discharge 3-20 the member's duties for a substantial part of the term for which 3-21 the member is appointed; or 3-22 (3) is absent from more than half of the regularly 3-23 scheduled commission meetings that the member is eligible to attend 3-24 during a calendar year unless the absence is excused by majority 3-25 vote of the commission. 3-26 (e) The validity of an action of the commission is not 3-27 affected by the fact that it is taken when a ground for removal of 4-1 a commission member exists. 4-2 (f) If a member of the commission has knowledge that a 4-3 potential ground for removal exists, the member shall notify the 4-4 presiding officer of the commission of the potential ground. The 4-5 presiding officer shall then notify the governor and the attorney 4-6 general that a potential ground for removal exists. 4-7 (g) For the purposes of this section, a Texas trade 4-8 association is a nonprofit, cooperative, and voluntarily joined 4-9 association of business or professional competitors in this state 4-10 designed to assist its members and its industry or profession in 4-11 obtaining public money or influencing governmental policy. 4-12 Sec. 448.007. TERMS. Public members of the commission serve 4-13 staggered terms of six years with the terms of one-third of the 4-14 members expiring on February 1 of each odd-numbered year. 4-15 Sec. 448.008. OFFICERS; SUBCOMMITTEES. (a) The commission 4-16 annually shall elect one of its members as presiding officer. 4-17 (b) The presiding officer of the commission may appoint 4-18 subcommittees for any purpose consistent with the duties of the 4-19 commission under this chapter. 4-20 Sec. 448.009. COMPENSATION; EXPENSES. (a) A public member 4-21 of the commission is not entitled to compensation, but is entitled 4-22 to reimbursement, from commission funds, for the travel expenses 4-23 incurred by the member while conducting the business of the 4-24 commission, as provided by the General Appropriations Act. 4-25 (b) The service to the commission of an ex officio member is 4-26 an additional duty of the member's underlying position that 4-27 qualifies the member for service on the commission. The 5-1 entitlement of an ex officio member to compensation or 5-2 reimbursement for travel expenses is governed by the law applying 5-3 to the member's service in that underlying position, and any 5-4 payments to the member shall be made from the appropriate funds of 5-5 the state agency or house of the legislature with which the member 5-6 serves. 5-7 Sec. 448.010. MEETINGS; PUBLIC ACCESS. (a) The commission 5-8 may meet at the times and places within the state that the 5-9 commission designates. 5-10 (b) The commission shall develop and implement policies that 5-11 provide the public with a reasonable opportunity to appear before 5-12 the commission and to speak on any issue under the jurisdiction of 5-13 the commission. 5-14 Sec. 448.011. ANNUAL REPORT. The commission shall prepare 5-15 annually a complete and detailed written report accounting for all 5-16 funds received and disbursed by the commission during the preceding 5-17 fiscal year. The annual report must meet the reporting 5-18 requirements applicable to financial reporting provided in the 5-19 General Appropriations Act. 5-20 (Sections 448.012-448.030 reserved for expansion 5-21 SUBCHAPTER B. POWERS AND DUTIES; FUNDING 5-22 Sec. 448.031. GENERAL POWERS AND DUTIES OF THE COMMISSION. 5-23 The commission shall: 5-24 (1) adopt rules as necessary for its own procedures; 5-25 (2) coordinate state and local activities relating to 5-26 the cultural and historical celebration of Juneteenth; 5-27 (3) establish a Juneteenth memorial monument and 6-1 establish an advisory committee to advise the commission on all 6-2 matters relating to the construction, dedication, and maintenance 6-3 of the monument, including: 6-4 (A) site selection; 6-5 (B) fund-raising from public and private 6-6 sources; 6-7 (C) establishing a schedule for the design, 6-8 construction, and dedication of the monument; 6-9 (D) procedures for soliciting designs for the 6-10 monument; 6-11 (E) selecting the final design of the monument; 6-12 (F) procedures for selecting a contractor to 6-13 construct the monument; 6-14 (G) selecting the contractor to construct the 6-15 monument; and 6-16 (H) reviewing and monitoring the design and 6-17 construction process; and 6-18 (4) encourage individuals, private organizations, and 6-19 local governmental bodies to organize appropriate activities. 6-20 Sec. 448.032. DONATIONS; APPROPRIATIONS; AUDIT. (a) The 6-21 commission may accept, on behalf of the state, donations, gifts, 6-22 grants, property, or matching funds from a public or private source 6-23 for the use of the commission in performing its functions under 6-24 this chapter. 6-25 (b) The commission by rule shall establish an acquisition 6-26 policy for accepting property or art objects related to the 6-27 commission's purpose. 7-1 Sec. 448.033. EMANCIPATION JUNETEENTH CULTURAL AND 7-2 HISTORICAL COMMISSION ACCOUNT. The Emancipation Juneteenth 7-3 Cultural and Historical Commission Account is created as an account 7-4 in the general revenue fund. The commission shall remit all money 7-5 collected under this chapter to the comptroller for deposit to the 7-6 credit of the account. Money in the account may be appropriated 7-7 only to the commission for administration of this chapter. 7-8 SECTION 2. As soon as possible after the effective date of 7-9 this Act, the governor shall appoint initial public members of the 7-10 Texas Emancipation Juneteenth Cultural and Historical Commission. 7-11 In making the appointments, the governor shall designate two 7-12 members for terms expiring February 1, 1999, two for terms expiring 7-13 February 1, 2001, and two for terms expiring February 1, 2003. 7-14 SECTION 3. This Act takes effect September 1, 1997. 7-15 SECTION 4. The importance of this legislation and the 7-16 crowded condition of the calendars in both houses create an 7-17 emergency and an imperative public necessity that the 7-18 constitutional rule requiring bills to be read on three several 7-19 days in each house be suspended, and this rule is hereby suspended.