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."