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BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 632

79R10050 SGA-F                                                                                By: Smith, Wayne (Gallegos)

                                                                                                                               Natural Resources

                                                                                                                                            5/11/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The San Jacinto Historical Advisory Board (board) was created by the legislature in 1965 simultaneously with the transfer of management jurisdiction of San Jacinto Battleground State Historic Site from the San Jacinto Park Commission to Texas Parks & Wildlife Department (department).  The statutory authority for the board is now codified in the Parks and Wildlife Code.  The board meets quarterly to review the policies and operations of the San Jacinto Battleground and advise the department on the proper historical development of the battleground.  In this capacity the board is a stakeholder with the San Jacinto Museum of History Association and the Battleship Texas Foundation in the implementation of master plans affecting the future development of the park.

 

H.B. 632 adjusts the statuary language dealing with board to reflect its current operations.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 22.012, 22.013, and 22.014, Parks and Wildlife Code, as follows:

 

Sec. 22.012.  New heading:  SAN JACINTO BATTLEGROUND ADVISORY BOARD.  (a)  Sets forth the composition of the San Jacinto Battleground Historical Advisory Board (board). 

 

(b)  Provides that four members of the public, rather than three, are appointed by the governor for staggered terms of six years each, with the term of one or two members expiring September 1, of each odd-numbered year.  Requires the members appointed by the governor to include individuals who are knowledgeable about the history of this state and have demonstrated an interest in the historical preservation of the battleground.  Makes conforming changes.

 

(c)  Makes conforming changes.

 

(d)  Requires the board to annually elect from its members a presiding officer, a vice presiding officer, and a secretary.

 

(e)  Provides that each state senator and state representative whose district includes the battleground is a nonvoting ex officio board member.

 

(f)  Provides that it is a ground for removal of a public member from the board if the member is absent for three regularly scheduled board meetings during a calendar year without an excuse approved by a majority of the board.

 

(g)  Requires the governor, if a public member's position on the board becomes vacant, to appoint another public member to fill the remaining term of the vacated position as soon as practicable.

 

(h)  Provides that a member of the board serves without compensation and is not entitled to reimbursement for expenses incurred in the performance of official duties.

 

Sec. 22.013.  New heading:  MEETINGS; BYLAWS.  (a)  Makes a conforming change.

 

(b)  Requires the board to prepare bylaws and take minutes for all board meetings.

 

(c)  Authorizes the bylaws to provide for additional nonvoting ex officio members.

 

(d)  Requires the secretary of the board, after approval by the board, to deliver the board's bylaws, any changes made to the bylaws, and the minutes of each meeting to the Parks and Wildlife Commission (commission).  Deletes existing text relating to the delivery of the minutes to the commission.

 

(e)  Requires the Parks and Wildlife Department (department) and board members to be given timely notice of each board meeting.

 

Sec. 22.014.  POWERS OF THE BOARD.  Authorizes the board to conduct an annual commemoration of the Battle of San Jacinto at the battleground and sponsor other educational programs pertaining to the battle or the history of this state.  Deletes existing text relating to the acceptance and use of certain assets by the board.

 

SECTION 2.  (a)  Makes application of this Act prospective.

 

(b)  Requires the governor, not later than December 1, 2005, to appoint a fourth public member to the board to a term that expires September 1, 2011.

 

SECTION 3.  Effective date: September 1, 2005.