HBA-KDB H.B. 2061 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2061
By: Wilson
House Administration
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

There has been much controversy across the nation regarding symbols of
American history that are located on government property.  Prior to the
77th Legislature, in the state of Texas, there was no historical
representation advisory committee that ensured the diverse history of this
state was accurately represented in the Capitol Complex and on other land
owned by the state.  House Bill 2061 establishes a historical
representation advisory committee to ensure the diverse history of this
state is accurately represented in the Capitol Complex and requires the
Texas Historical Commission to ensure the diverse history of this state is
accurately represented on all land owned by the state other than the
Capitol Complex. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2061 amends Government Code to require the Texas Historical
Commission (commission), to ensure that the diverse history of Texas is
accurately represented on land owned by the state other than the Capitol
Complex, to collect information relating to each monument on land owned by
the state other than the Capitol Complex.  The bill also requires the
commission, in cooperation with the chair of the history department at
Prairie View A&M University, at The University of Texas at Austin, or at
any other land grant university in the  state, as determined by the
commission, to ensure the historical accuracy of the monuments, equitable
representation of the military service of all Texans, and equitable
representation of African slaves, African Americans, Hispanic Americans,
Native Americans, women in Texas history, and Texans exemplifying military
service and rural heritage in monuments on land owned by the state other
than the Capitol Complex.  The bill requires the commission to make this
information available to the public. 

The bill creates the historical representation advisory committee (advisory
committee).  The bill requires the advisory committee to provide guidance
to the State Preservation Board (board) on the addition of monuments to the
Capitol Complex to ensure that the diverse history of Texas is accurately
represented in the Capitol Complex and on other land owned by the state.
The advisory committee consists of 12 members who are to be appointed no
later than January 1, 2002,  four appointed by the governor, four appointed
by the lieutenant governor, and four appointed by the speaker of the house
of representatives (appointing officers).  The bill requires the appointing
officers, in making the appointments, to attempt to include African
American Texans, Hispanic American Texans, Native American Texans, female
Texans, and Texans exemplifying rural heritage.  The bill requires the
governor to designate the presiding officer of the advisory committee from
among the members of the committee.  The presiding officer serves a term of
two years.  

The bill provides that a member of the advisory committee serves at the
pleasure of the appointing officer and serves without compensation or
reimbursement of expenses.  The bill requires the advisory committee to
conduct meetings the advisory committee considers necessary to provide
guidance.  The bill requires the board to provide necessary administrative
support to the advisory committee.  Subject to the approval  of the board,
the bill requires the advisory committee to develop its own bylaws under
which it is required to operate.  Current law in effect governing state
agency advisory committees does not apply to the advisory committee.  The
advisory committee is subject to the open meetings law and to the Texas
Sunset Act, and will be abolished September 1, 2007, unless continued by
the legislature.   The bill requires the advisory committee to collect
information relating to each monument in the Capitol Complex and,  in
cooperation with the chair of the history department at Prairie View A&M
University, at The University of Texas at Austin, or at any other land
grant university in the  state, as determined by the advisory committee, to
ensure the historical accuracy of any proposed monument and equitable
representation of African slaves, African Americans, Hispanic Americans,
Native Americans, women in Texas history, and Texans exemplifying military
service and rural heritage in additional monuments to the Capitol Complex. 

EFFECTIVE DATE

September 1, 2001.