1-1 By: Edwards (Senate Sponsor - West) H.B. No. 1865
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on State
1-4 Affairs; May 10, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 10, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapleigh
1-7 Amend House Bill 1865 as follows:
1-8 In SECTION 1 of the bill, Section 448.008(a), (b) and (c),
1-9 Government Code, delete all changes to restore current language in
1-10 Section 448.008; and
1-11 In SECTION 2 of the bill, Section 448.009(a), delete all
1-12 changes to restore current language.
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to the operations of the Texas Emancipation Juneteenth
1-16 Cultural and Historical Commission.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Sections 448.002 and 448.008, Government Code,
1-19 are amended to read as follows:
1-20 Sec. 448.002. SUNSET PROVISION. The Texas Emancipation
1-21 Juneteenth Cultural and Historical Commission is subject to Chapter
1-22 325 (Texas Sunset Act). Unless continued in existence as provided
1-23 by that chapter, the commission is abolished and this chapter
1-24 expires September 1, 2011 [2001].
1-25 Sec. 448.008. OFFICERS; SUBCOMMITTEES. (a) The commission
1-26 [annually] shall appoint a person to serve [elect one of its
1-27 members] as the presiding officer of the commission. A person
1-28 appointed as presiding officer serves in that capacity at the will
1-29 of the commission.
1-30 (b) The presiding officer is not required to be a member of
1-31 the commission. If a person who is not a member of the commission
1-32 is appointed as presiding officer, the person may not vote on
1-33 decisions made by the commission and is not counted in determining
1-34 the presence of a quorum of commission members.
1-35 (c) The presiding officer of the commission may appoint
1-36 subcommittees for any purpose consistent with the duties of the
1-37 commission under this chapter.
1-38 SECTION 2. Section 448.009(a), Government Code, is amended
1-39 to read as follows:
1-40 (a) A person who is a public member of the commission or a
1-41 person who is not a member of the commission but who serves as
1-42 presiding officer of the commission is not entitled to
1-43 compensation, but is entitled to reimbursement, from commission
1-44 funds, for the travel expenses incurred by the person [member]
1-45 while conducting the business of the commission as a member or
1-46 presiding officer, as provided by the General Appropriations Act.
1-47 SECTION 3. Subchapter B, Chapter 448, Government Code, is
1-48 amended by amending Section 448.031 and adding Section 448.0325 to
1-49 read as follows:
1-50 Sec. 448.031. GENERAL POWERS AND DUTIES OF THE COMMISSION.
1-51 (a) The commission shall:
1-52 (1) adopt rules as necessary for its own procedures;
1-53 (2) coordinate state and local activities relating to
1-54 the cultural and historical celebration of Juneteenth;
1-55 (3) establish a Juneteenth memorial monument on the
1-56 grounds of the State Capitol in cooperation with the State
1-57 Preservation Board, establish other Juneteenth memorial monuments
1-58 at appropriate locations throughout the state, and establish an
1-59 advisory committee to advise the commission on all matters relating
1-60 to the construction, dedication, and maintenance of the monuments
1-61 [monument], including:
1-62 (A) site selection;
1-63 (B) fund-raising from public and private
2-1 sources;
2-2 (C) establishing a schedule for the design,
2-3 construction, and dedication of each [the] monument;
2-4 (D) procedures for soliciting designs for each
2-5 [the] monument;
2-6 (E) selecting the final design of each [the]
2-7 monument;
2-8 (F) procedures for selecting a contractor to
2-9 construct each [the] monument;
2-10 (G) selecting the contractor to construct each
2-11 [the] monument; and
2-12 (H) reviewing and monitoring the design and
2-13 construction process; [and]
2-14 (4) prepare and distribute publications that relate to
2-15 the cultural or historical significance of Juneteenth or that
2-16 otherwise promote Juneteenth; and
2-17 (5) encourage individuals, private organizations, and
2-18 local governmental bodies to organize appropriate activities.
2-19 (b) The State Preservation Board shall cooperate with the
2-20 commission in establishing a monument on the grounds of the State
2-21 Capitol under Subsection (a)(3).
2-22 Sec. 448.0325. CONTRACT WITH NONPROFIT ORGANIZATION. The
2-23 commission by contract may provide money to a nonprofit
2-24 organization that has as one of its primary functions the promotion
2-25 of Juneteenth. The contract must ensure that the nonprofit
2-26 organization provides services or goods that accomplish a public
2-27 purpose of the commission.
2-28 SECTION 4. This Act takes effect September 1, 1999.
2-29 SECTION 5. The importance of this legislation and the
2-30 crowded condition of the calendars in both houses create an
2-31 emergency and an imperative public necessity that the
2-32 constitutional rule requiring bills to be read on three several
2-33 days in each house be suspended, and this rule is hereby suspended.
2-34 * * * * *