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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Historical |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 442.002(b) and (k), Government Code, |
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are amended to read as follows: |
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(b) The commission is composed of 17 members appointed by |
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the governor with the advice and consent of the senate. One member |
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must be a professional archeologist, one must be a professional |
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historian, and one must be a licensed architect who has expertise in |
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historic preservation and architectural history. Fourteen members |
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must be representatives of the general public. A person may [is] |
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not be [eligible for appointment as] a public member of the |
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commission if the person or the person's spouse: |
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(1) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by the commission or receiving money [funds] |
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other than grant money [funds] from the commission; [or] |
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(2) uses or receives a substantial amount of tangible |
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goods, services, or money [funds] from the commission, other than |
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compensation or reimbursement authorized by law for commission |
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membership, attendance, or expenses; or |
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(3) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving money other than grant money from the commission. |
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(k) The Texas Historical Commission is subject to Chapter |
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325 (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the commission is abolished and this chapter |
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expires September 1, 2019 [2007]. |
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SECTION 2. Section 442.0021, Government Code, is amended to |
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read as follows: |
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Sec. 442.0021. COMMISSION MEMBERS: TRAINING. (a) A person |
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who is appointed to and qualifies for office as a member of the |
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commission may not vote, deliberate, or be counted as a member in |
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attendance at a meeting of the commission until the person |
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completes a training program that complies with this section |
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[Before a member of the commission may assume the member's duties
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and before the member may be confirmed by the senate, the member
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must complete at least one course of the training program
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established under this section]. |
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(b) The [A] training program must [established under this
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section shall] provide the person with information [to the member] |
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regarding: |
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(1) the [enabling] legislation that created the |
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commission; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the results of the most recent formal audit of the |
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commission [(2)the programs operated by the commission]; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest [(3) the role and functions of the
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commission]; and |
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(5) any applicable ethics policies adopted by the |
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commission or the Texas Ethics Commission [(4) the rules of the
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commission with an emphasis on the rules that relate to
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disciplinary and investigatory authority;
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[(5)the current budget for the commission;
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[(6) the results of the most recent formal audit of the
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commission;
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[(7)the requirements of the:
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[(A)open meetings law, Chapter 551;
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[(B)open records law, Chapter 552; and
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[(C)administrative procedure law, Chapter 2001;
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[(8) the requirements of the conflict of interest laws
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and other laws relating to public officials; and
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[(9) any applicable ethics policies adopted by the
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commission or the Texas Ethics Commission]. |
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(c) A person appointed to the commission is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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the travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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or after the person qualifies for office. |
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SECTION 3. Sections 442.0022(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) In this section, "Texas trade association" means a |
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cooperative and voluntarily joined statewide association of |
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business or professional competitors in this state designed to |
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assist its members and its industry or profession in dealing with |
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mutual business or professional problems and in promoting their |
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common interest [An officer, employee, or paid consultant of a
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Texas trade association in the field of archeology or historic
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preservation may not be a member of the commission or employee of
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the commission who is exempt from the state's position
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classification plan or is compensated at or above the amount
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prescribed by the General Appropriations Act for step 1, salary
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group 17, of the position classification salary schedule]. |
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(b) A person may not be a member of the commission and may |
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not be a commission employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of archeology |
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or historic preservation; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of archeology |
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or historic preservation [A person who is the spouse of an officer,
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manager, or paid consultant of a Texas trade association in the
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field of archeology or historic preservation may not be a member of
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the commission and may not be an employee of the commission who is
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exempt from the state's position classification plan or is
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compensated at or above the amount prescribed by the General
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Appropriations Act for step 1, salary group 17, of the position
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classification salary schedule]. |
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SECTION 4. Section 442.004, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The executive director may not serve as a voting |
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director on the board of directors of an affiliated nonprofit |
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organization formed under Section 442.005(p). |
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SECTION 5. Subchapter A, Chapter 442, Government Code, is |
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amended by adding Section 442.0055 to read as follows: |
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Sec. 442.0055. AFFILIATED NONPROFIT ORGANIZATION; RULES; |
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GUIDELINES. (a) The commission shall adopt rules governing the |
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relationship between the commission and an affiliated nonprofit |
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organization formed under Section 442.005(p), including rules |
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that, at a minimum: |
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(1) prohibit commission employees with regulatory |
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responsibilities, including the executive director, from directly |
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participating in activities that raise funds for an affiliated |
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nonprofit organization; and |
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(2) define the relationship between commission |
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employees and an affiliated nonprofit organization. |
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(b) The commission shall establish guidelines for |
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identifying and defining the administrative and financial support |
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the commission may provide for an affiliated nonprofit organization |
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formed under Section 442.005(p). |
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SECTION 6. Section 442.006, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (h) to read as |
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follows: |
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(b) The commission shall: |
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(1) develop statewide themes for the program related |
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to the commission's preservation goals for the state; |
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(2) install markers recognizing districts, sites, |
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individuals, events, structures, and objects significant in Texas |
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or American history, architecture, archeology, or culture; |
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(3) [and shall] keep a register of those markers; and |
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(4) establish a limit for the number of markers the |
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commission awards annually. |
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(h) The commission by rule shall establish guidelines for an |
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application for, and the commission's review of the application |
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for, a historical marker, monument, or medallion. The guidelines |
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must include criteria for ranking the applications. The commission |
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shall give priority to the markers, monuments, and medallions that |
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relate to the statewide themes developed by the commission. |
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SECTION 7. Sections 442.009(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The commission shall maintain a system to promptly and |
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efficiently act on complaints filed with the commission. The |
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commission shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition [prepare information of public interest describing the
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functions of the commission and the procedures by which complaints
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are filed with and resolved by the commission. The commission shall
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make the information available to the public and appropriate state
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agencies]. |
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(b) The commission [by rule] shall make information |
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available describing its procedures for complaint investigation |
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and resolution [establish methods by which consumers and service
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recipients are notified of the name, mailing address, and telephone
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number of the commission for the purpose of directing complaints to
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the commission]. |
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(c) The commission shall periodically notify the complaint |
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parties of the status of the complaint until final disposition |
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[keep information about each complaint filed with the commission.
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The information shall include:
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[(1)the date the complaint is received;
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[(2)the name of the complainant;
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[(3)the subject matter of the complaint;
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[(4) a record of all persons contacted in relation to
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the complaint;
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[(5) a summary of the results of the review or
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investigation of the complaint; and
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[(6) for complaints for which the agency took no
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action, an explanation of the reason the complaint was closed
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without action]. |
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SECTION 8. Subchapter A, Chapter 442, Government Code, is |
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amended by adding Sections 442.022 and 442.023 to read as follows: |
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Sec. 442.022. USE OF TECHNOLOGY. The commission shall |
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implement a policy requiring the commission to use appropriate |
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technological solutions to improve the commission's ability to |
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perform its functions. The policy must ensure that the public is |
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able to interact with the commission on the Internet. |
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Sec. 442.023. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE PROCEDURES. (a) The commission shall develop and |
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implement a policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008 for the adoption of commission rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009 to assist in the resolution of |
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internal and external disputes under the commission's |
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jurisdiction. |
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(b) The commission's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The commission shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the commission. |
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SECTION 9. Sections 442.0022(c) and 442.009(d), Government |
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Code, are repealed. |
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SECTION 10. Not later than February 1, 2008, the Texas |
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Historical Commission shall adopt the rules required by Sections |
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442.0055 and 442.006(h), Government Code, as added by this Act. |
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SECTION 11. (a) The changes in law made by this Act in the |
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prohibitions or qualifications applying to a member of the Texas |
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Historical Commission do not affect the entitlement of a member |
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serving on the Texas Historical Commission immediately before |
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September 1, 2007, to continue to serve and function as a member of |
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the Texas Historical Commission for the remainder of the member's |
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term. Those changes in law apply only to a member appointed on or |
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after September 1, 2007. |
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(b) The changes in law made by this Act to Section 442.009, |
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Government Code, relating to the investigation of a complaint filed |
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with the Texas Historical Commission apply only to a complaint |
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filed on or after September 1, 2007. A complaint filed with the |
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commission before September 1, 2007, is governed by the law as it |
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existed immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 12. This Act takes effect September 1, 2007. |