By Wilson                                             H.J.R. No. 73
         77R5934 MTB-F                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment prohibiting preferential
 1-2     treatment of a person in public employment, public education, or
 1-3     public contracting after the economic effects of past
 1-4     discrimination have been offset through the payment of reparations.
 1-5           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article I, Texas Constitution, is amended by
 1-7     adding Sections 3b and 3c to read as follows:
 1-8           Sec. 3b.  (a)  To the extent that African Americans, Native
 1-9     Americans, Hispanic Americans, and women in Texas were victims of
1-10     past discrimination sanctioned by the state and political
1-11     subdivisions of the state, African Americans, Native Americans,
1-12     Hispanic Americans, and women who are Texas residents are entitled
1-13     to reparations to compensate for the economic effects of that
1-14     discrimination.
1-15           (b)  A reparations commission composed of nine members shall
1-16     be appointed.  Four members shall be  appointed by the lieutenant
1-17     governor, four members shall be appointed by the speaker of the
1-18     house of representatives, and one member shall be appointed by the
1-19     governor.  The member appointed by the governor and a majority of
1-20     the members of the commission appointed by the lieutenant governor
1-21     and the speaker must be members of a group entitled to reparations
1-22     under Subsection (a) of this section.  Members serve until the
1-23     commission is abolished.  In the event of a vacancy, the appointing
1-24     authority shall appoint a replacement.  Notwithstanding other law,
 2-1     a person who holds other public office may serve as a member of the
 2-2     commission.  A member of the commission serves without compensation
 2-3     but is entitled to reimbursement in the manner provided by law for
 2-4     actual expenses incurred in the performance of official commission
 2-5     duties.
 2-6           (c)  The commission shall study past de jure and de facto
 2-7     racial and economic discrimination against members of the groups
 2-8     described by Subsection (a) of this section and the impact of that
 2-9     discrimination on living persons who are members of those groups.
2-10     The amount of reparations to which a person is entitled shall be
2-11     established by the reparations commission.  The commission shall
2-12     complete its study not later than December 31, 2002.
2-13           (d)  Not later than the convening of the 78th Legislature in
2-14     2003, the commission shall adopt a schedule of reparations payments
2-15     for persons who are members of groups entitled to reparations.
2-16     Each member of a group is entitled to an equal dollar amount of the
2-17     reparations, but the commission may establish different dollar
2-18     amounts among groups.
2-19           (e)  Reparations are payable from funds appropriated for that
2-20     purpose.  Payment shall be made in the manner provided by law under
2-21     the general supervision of the reparations commission.  The
2-22     legislature shall determine by general law an individual's
2-23     entitlement to reparations.  All reparations must be paid not later
2-24     than December 31, 2008.
2-25           (f)  On December 31, 2008, the governor shall issue a
2-26     proclamation that the economic effects of past discrimination
2-27     against members of the groups entitled to reparations have been
 3-1     offset.
 3-2           Sec. 3c.  The state and its political subdivisions may not
 3-3     discriminate against or grant preferential treatment to a person
 3-4     because of the person's race, sex, sexual orientation, color,
 3-5     ethnicity, or national origin in matters of public employment,
 3-6     public education, or public contracting.
 3-7           SECTION 2.  The following temporary provision is added to the
 3-8     Texas Constitution:
 3-9           TEMPORARY PROVISION.  (a)  This temporary provision applies
3-10     to the constitutional amendment proposed by the 77th Legislature,
3-11     Regular Session, 2001, that creates a reparations commission and
3-12     prohibits certain discrimination or preferential treatment after
3-13     the payment of reparations.  This temporary provision expires
3-14     January 2, 2009.
3-15           (b)  On January 1, 2009:
3-16                 (1)  the reparations commission is abolished;
3-17                 (2)  Section 3b, Article I, of this constitution
3-18     expires; and
3-19                 (3)  Section 3c, Article I, of this constitution first
3-20     takes effect.
3-21           SECTION 3.  This proposed constitutional amendment shall be
3-22     submitted to the voters at an election to be held November 6, 2001.
3-23     The ballot shall be printed to permit voting for or against the
3-24     proposition:  "The constitutional amendment to prohibit
3-25     discrimination against or preferential treatment of persons in
3-26     public employment, public education, or public contracting after
3-27     the economic effects of past discrimination have been offset
 4-1     through the payment of reparations."