SRC-ARR H.B. 1865 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1865
76R6669 MRB-DBy: Edwards (West)
State Affairs
5/4/1999
Engrossed


DIGEST 

Currently, Texas law provides for the Texas Emancipation Juneteenth
Cultural and Historical Commission (commission). H.B. 1865 continues the
commission until September 1, 2011. This bill also allows the commission to
appoint a person who is not a member of the commission as its presiding
officer and authorizes the commission by contract to provide money for
goods and services to nonprofit organizations that have promoting
Juneteenth as one of their primary functions. 
 
PURPOSE

As proposed, H.B. 1865 regulates the operation of the Texas Emancipation
Juneteenth Cultural and Historical Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 448.002 and 448.008, Government Code, as follows:

Sec. 448.002. SUNSET PROVISION. Provide that the Texas Emancipation
Juneteenth Cultural and Historical Commission (commission) is abolished and
this chapter expires September 1, 2011, rather than 2001, unless continued
in existence as provided by that chapter. 

Sec. 448.008. OFFICERS; SUBCOMMITTEES. Requires the commission to appoint a
person to serve, rather than ti elect one of its members, as the presiding
officer of the commission. Provides that a person appointed as presiding
officer serves in that capacity at the will of the commission. Provides
that the presiding officer is not required to be a member of the
commission. Prohibits the person from voting on the decisions made by the
commission and is not counted in determining the presence of a quorum of
commission members, if a person who is not a member of the commission is
appointed as presiding officer. Makes conforming changes.  

SECTION 2. Amends Section 448.009(a), Government Code, to provide a person
who is a public member of the commission a person who is not member of the
commission but who serves as presiding officer of the commission is not
entitled to compensation, but is entitled to reimbursement, from commission
funds, for the travel expenses incurred by the person, rather than member,
while conducting the business of the commission as a member or presiding
officer, as provided by the General Appropriations Act.  

SECTION 3. Amends Chapter 448B, Government Code, by amending Section
448.031 and adding Section 448.0325, as follows: 

Sec. 448.031. GENERAL POWERS AND DUTIES OF THE COMMISSION. Requires the
commission to establish a Juneteenth memorial monument on the grounds of
the capitol in cooperation with the State Preservation Board (board),
establish other Juneteenth memorial monuments at appropriate locations
throughout the state, and establish an advisory  committee on maintenance
of the monuments, rather than monument, and prepare and distribute certain
publications. Requires the board to cooperate with the commission in
establishing a monument on the grounds of the State Capitol under
Subsection (a)(3). Makes a conforming change. 

Sec. 448.0325. CONTRACT WITH NONPROFIT ORGANIZATION. Authorizes the
commission by contract to provide money to a nonprofit organization that
has as one of its primary functions the promotion of Juneteenth. Requires
the contract to ensure that the nonprofit organization provides services or
goods that accomplish a public purpose of the commission.  

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.