1-1     By:  Edwards, McClendon, Hodge                        H.B. No. 1216

 1-2          (Senate Sponsor - Patterson)

 1-3           (In the Senate - Received from the House May 2, 1997;

 1-4     May 5, 1997, read first time and referred to Committee on State

 1-5     Affairs; May 18, 1997, reported favorably by the following vote:

 1-6     Yeas 13, Nays 0; May 18, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the creation and operation of the Texas Emancipation

1-10     Juneteenth Cultural and Historical Commission.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subtitle D, Title 4, Government Code, is amended

1-13     by adding Chapter 448 to read as follows:

1-14                 CHAPTER 448.  TEXAS EMANCIPATION JUNETEENTH

1-15                     CULTURAL AND HISTORICAL COMMISSION

1-16            SUBCHAPTER A.  GENERAL AND ADMINISTRATIVE PROVISIONS

1-17           Sec. 448.001.  DEFINITIONS.  In this chapter:

1-18                 (1)  "Commission" means the Texas Emancipation

1-19     Juneteenth Cultural and Historical Commission.

1-20                 (2)  "Juneteenth" means the anniversary of the event of

1-21     emancipation from slavery that occurred in Texas on June 19, 1865.

1-22           Sec. 448.002.  SUNSET PROVISION.  The Texas Emancipation

1-23     Juneteenth Cultural and Historical Commission is subject to Chapter

1-24     325 (Texas Sunset Act).  Unless continued in existence as provided

1-25     by that chapter, the commission is abolished and this chapter

1-26     expires September 1, 2001.

1-27           Sec. 448.003.  COMPOSITION OF COMMISSION.  The commission is

1-28     composed of:

1-29                 (1)  six public members appointed by the governor with

1-30     the advice and consent of the senate;

1-31                 (2)  two members of the senate appointed by the

1-32     lieutenant governor to serve as ex officio, nonvoting members;

1-33                 (3)  two members of the house of representatives

1-34     appointed by the speaker of the house to serve as ex officio,

1-35     nonvoting members; and

1-36                 (4)  the executive director of the Texas Historical

1-37     Commission to serve as an ex officio, nonvoting member.

1-38           Sec. 448.004.  APPOINTMENT.  (a)  Appointments to the

1-39     commission shall be made without regard to the race, color,

1-40     disability, sex, religion, age, or national origin of the

1-41     appointees.

1-42           (b)  Appointments of the public members to the commission

1-43     shall be made so that each geographic area of the state is

1-44     represented on the commission.

1-45           Sec. 448.005.  ELIGIBILITY OF EX OFFICIO MEMBERS.  (a)  An ex

1-46     officio member of the commission vacates the person's position on

1-47     the commission if the person ceases to hold the underlying position

1-48     that qualifies the person for service on the commission.  A vacancy

1-49     in the office is filled in the same manner as originally.

1-50           (b)  An ex officio member may designate a representative to

1-51     serve in the member's absence.  A representative designated under

1-52     this subsection must be an officer or employee of the member's

1-53     state agency or house of the legislature.

1-54           Sec. 448.006.  CONFLICTS OF INTEREST; REMOVAL PROVISIONS.

1-55     (a)   A person may not serve as a member of the commission if the

1-56     person is required to register as a lobbyist under Chapter 305

1-57     because of the person's activities for compensation on behalf of a

1-58     profession related to the operation of the commission.

1-59           (b)  An officer, employee, or paid consultant of a Texas

1-60     trade association in the field of historic preservation may not be

1-61     a member of the commission and may not be an employee of the

1-62     commission who is exempt from the state's position classification

1-63     plan or is compensated at or above the amount prescribed by the

1-64     General Appropriations Act for step 1, salary group 17, of the

 2-1     position classification salary schedule.

 2-2           (c)  A person who is the spouse of an officer, manager, or

 2-3     paid consultant of a Texas trade association in the field of

 2-4     historic preservation may not be a member of the commission and may

 2-5     not be an employee of the commission who is exempt from the state's

 2-6     position classification plan or is compensated at or above the

 2-7     amount prescribed by the General Appropriations Act for step 1,

 2-8     salary group 17, of the position classification salary schedule.

 2-9           (d)  It is a ground for removal from the commission if a

2-10     member:

2-11                 (1)  violates a prohibition established by this

2-12     section;

2-13                 (2)  cannot because of illness or disability discharge

2-14     the member's duties for a substantial part of the term for which

2-15     the member is appointed; or

2-16                 (3)  is absent from more than half of the regularly

2-17     scheduled commission meetings that the member is eligible to attend

2-18     during a calendar year unless the absence is excused by majority

2-19     vote of the commission.

2-20           (e)  The validity of an action of the commission is not

2-21     affected by the fact that it is taken when a ground for removal of

2-22     a commission member exists.

2-23           (f)  If a member of the commission has knowledge that a

2-24     potential ground for removal exists, the member shall notify the

2-25     presiding officer of the commission of the potential ground.  The

2-26     presiding officer shall then notify the governor and the attorney

2-27     general that a potential ground for removal exists.

2-28           (g)  For the purposes of this section, a Texas trade

2-29     association is a nonprofit, cooperative, and voluntarily joined

2-30     association of business or professional competitors in this state

2-31     designed to assist its members and its industry or profession in

2-32     obtaining public money or influencing governmental policy.

2-33           Sec. 448.007.  TERMS.  Public members of the commission serve

2-34     staggered terms of six years with the terms of one-third of the

2-35     members expiring on February 1 of each odd-numbered year.

2-36           Sec. 448.008.  OFFICERS; SUBCOMMITTEES.  (a)  The commission

2-37     annually shall elect one of its members as presiding officer.

2-38           (b)  The presiding officer of the commission may appoint

2-39     subcommittees for any purpose consistent with the duties of the

2-40     commission under this chapter.

2-41           Sec. 448.009.  COMPENSATION; EXPENSES.  (a)  A public member

2-42     of the commission is not entitled to compensation, but is entitled

2-43     to reimbursement, from commission funds, for the travel expenses

2-44     incurred by the member while conducting the business of the

2-45     commission, as provided by the General Appropriations Act.

2-46           (b)  The service to the commission of an ex officio member is

2-47     an additional duty of the member's underlying position that

2-48     qualifies the member for service on the commission.  The

2-49     entitlement of an ex officio member to compensation or

2-50     reimbursement for travel expenses is governed by the law applying

2-51     to the member's service in that underlying position, and any

2-52     payments to the member shall be made from the appropriate funds of

2-53     the state agency or house of the legislature with which the member

2-54     serves.

2-55           Sec. 448.010.  MEETINGS; PUBLIC ACCESS.  (a)  The commission

2-56     may meet at the times and places within the state that the

2-57     commission designates.

2-58           (b)  The commission shall develop and implement policies that

2-59     provide the public with a reasonable opportunity to appear before

2-60     the commission and to speak on any issue under the jurisdiction of

2-61     the commission.

2-62           Sec. 448.011.  ANNUAL REPORT.  The commission shall prepare

2-63     annually a complete and detailed written report accounting for all

2-64     funds received and disbursed by the commission during the preceding

2-65     fiscal year.  The annual report must meet the reporting

2-66     requirements applicable to financial reporting provided in the

2-67     General Appropriations Act.

2-68             (Sections 448.012-448.030 reserved for expansion 

2-69                  SUBCHAPTER B.  POWERS AND DUTIES; FUNDING

 3-1           Sec. 448.031.  GENERAL POWERS AND DUTIES OF THE COMMISSION.

 3-2     The commission shall:

 3-3                 (1)  adopt rules as necessary for its own procedures;

 3-4                 (2)  coordinate state and local activities relating to

 3-5     the cultural and historical celebration of Juneteenth;

 3-6                 (3)  establish a Juneteenth memorial monument and

 3-7     establish an advisory committee to advise the commission on all

 3-8     matters relating to the construction, dedication, and maintenance

 3-9     of the monument, including:

3-10                       (A)  site selection;

3-11                       (B)  fund-raising from public and private

3-12     sources;

3-13                       (C)  establishing a schedule for the design,

3-14     construction, and dedication of the monument;

3-15                       (D)  procedures for soliciting designs for the

3-16     monument;

3-17                       (E)  selecting the final design of the monument;

3-18                       (F)  procedures for selecting a contractor to

3-19     construct the monument;

3-20                       (G)  selecting the contractor to construct the

3-21     monument; and

3-22                       (H)  reviewing and monitoring the design and

3-23     construction process; and

3-24                 (4)  encourage individuals, private organizations, and

3-25     local governmental bodies to organize appropriate activities.

3-26           Sec. 448.032.  DONATIONS; APPROPRIATIONS; AUDIT.  (a)  The

3-27     commission may accept, on behalf of the state, donations, gifts,

3-28     grants, property, or matching funds from a public or private source

3-29     for the use of the commission in performing its functions under

3-30     this chapter.

3-31           (b)  The commission by rule shall establish an acquisition

3-32     policy for accepting property or art objects related to the

3-33     commission's purpose.

3-34           Sec. 448.033.  EMANCIPATION JUNETEENTH CULTURAL AND

3-35     HISTORICAL COMMISSION ACCOUNT.  The Emancipation Juneteenth

3-36     Cultural and Historical Commission Account is created as an account

3-37     in the general revenue fund.  The commission shall remit all money

3-38     collected under this chapter to the comptroller for deposit to the

3-39     credit of the account.  Money in the account may be appropriated

3-40     only to the commission for administration of this chapter.

3-41           SECTION 2.  As soon as possible after the effective date of

3-42     this Act, the governor shall appoint initial public members of the

3-43     Texas Emancipation Juneteenth Cultural and Historical Commission.

3-44     In making the appointments, the governor shall designate two

3-45     members for terms expiring February 1, 1999, two for terms expiring

3-46     February 1, 2001, and two for terms expiring February 1, 2003.

3-47           SECTION 3.  This Act takes effect September 1, 1997.

3-48           SECTION 4.  The importance of this legislation and the

3-49     crowded condition of the calendars in both houses create an

3-50     emergency and an imperative public necessity that the

3-51     constitutional rule requiring bills to be read on three several

3-52     days in each house be suspended, and this rule is hereby suspended.

3-53                                  * * * * *