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."