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 * * * * *