78R2164 MTB-F

By:  Wilson                                                     H.J.R. No. 25 



A JOINT RESOLUTION

proposing a constitutional amendment prohibiting discrimination 
against or preferential treatment of a person in public employment, 
public education, or public contracting after the economic effects 
of past discrimination have been offset through the payment of 
reparations.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.   Article I, Texas Constitution, is amended by 
adding Sections 3b and 3c to read as follows:
	Sec. 3b. (a)  To the extent that African Americans, Native 
Americans, Hispanic Americans, and women in Texas were victims of 
past discrimination sanctioned by the state and political 
subdivisions of the state, African Americans, Native Americans, 
Hispanic Americans, and women who are Texas residents are entitled 
to reparations to compensate for the economic effects of that 
discrimination.
	(b)  A reparations commission composed of nine members shall 
be appointed.  Four members shall be  appointed by the lieutenant 
governor, four members shall be appointed by the speaker of the 
house of representatives, and one member shall be appointed by the 
governor.  The member appointed by the governor and a majority of 
the members of the commission appointed by the lieutenant governor 
and the speaker must be members of a group entitled to reparations 
under Subsection (a) of this section.  Members serve until the 
commission is abolished.  In the event of a vacancy, the appointing 
authority shall appoint a replacement.  Notwithstanding other law, 
a person who holds other public office may serve as a member of the 
commission.  A member of the commission serves without compensation 
but is entitled to reimbursement in the manner provided by law for 
actual expenses incurred in the performance of official commission 
duties.
	(c)  The commission shall study past de jure and de facto 
racial and economic discrimination against members of the groups 
described by Subsection (a) of this section and the impact of that 
discrimination on living persons who are members of those groups.    
The amount of reparations to which a person is entitled shall be 
established by the reparations commission.  The commission shall 
complete its study not later than December 31, 2004.
	(d)  Not later than the convening of the 79th Legislature in 
2005, the commission shall adopt a schedule of reparations payments 
for persons who are members of groups entitled to reparations.  Each 
member of a group is entitled to an equal dollar amount of the 
reparations, but the commission may establish different dollar 
amounts among groups.
	(e)  Reparations are payable from funds appropriated for 
that purpose.  Payment shall be made in the manner provided by law 
under the general supervision of the reparations commission.  The 
legislature shall determine by general law an individual's 
entitlement to reparations.  All reparations must be paid not later 
than December 31, 2010.
	(f)  On December 31, 2010, the governor shall issue a 
proclamation that the economic effects of past discrimination 
against members of the groups entitled to reparations have been 
offset.
	Sec. 3c. The state and its political subdivisions may not 
discriminate against or grant preferential treatment to a person 
because of the person's race, sex, sexual orientation, color, 
ethnicity, or national origin in matters of public employment, 
public education, or public contracting.
	SECTION 2.   The following temporary provision is added to 
the Texas Constitution:
	TEMPORARY PROVISION. (a)  This temporary provision applies to 
the constitutional amendment proposed by the 78th Legislature, 
Regular Session, 2003, that creates a reparations commission and 
prohibits certain discrimination or preferential treatment after 
the payment of reparations.  This temporary provision expires 
January 2, 2011.
	(b)  On January 1, 2011:                                                
		(1)  the reparations commission is abolished;                          
		(2)  Section 3b, Article I, of this constitution 
expires; and        
		(3)  Section 3c, Article I, of this constitution first 
takes effect. 
	SECTION 3.   This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment to prohibit 
discrimination against or preferential treatment of persons in 
public employment, public education, or public contracting after 
the economic effects of past discrimination have been offset 
through the payment of reparations."