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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Holocaust and Genocide Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 449 to read as follows: |
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CHAPTER 449. TEXAS HOLOCAUST AND GENOCIDE COMMISSION |
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SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS |
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Sec. 449.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Holocaust and |
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Genocide Commission. |
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(2) "Genocide" means any of the following acts |
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committed with intent to destroy, in whole or in part, a national, |
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ethnical, racial, or religious group as such: |
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(A) killing members of the group; |
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(B) causing serious bodily or mental harm to |
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members of the group; |
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(C) deliberately inflicting on the group |
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conditions of life calculated to bring about the group's physical |
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destruction in whole or in part; |
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(D) imposing measures intended to prevent births |
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within the group; or |
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(E) forcibly transferring children of the group |
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to another group. |
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(3) "Holocaust" means the killing of approximately six |
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million Jews and millions of other persons during World War II by |
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the National Socialist German Workers' Party (Nazis) and Nazi |
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collaborators as part of a state-sponsored, systematic program of |
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genocide and other actions of persecution, discrimination, |
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violence, or other human rights violations committed by the Nazis |
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and Nazi collaborators against those persons. |
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Sec. 449.002. SUNSET PROVISION. The Texas Holocaust and |
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Genocide Commission is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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commission is abolished and this chapter expires September 1, 2021. |
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Sec. 449.003. ADMINISTRATIVE ATTACHMENT. The commission is |
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administratively attached to the office of the secretary of state. |
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Sec. 449.004. COMPOSITION OF COMMISSION. (a) The |
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commission is composed of 18 members as follows: |
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(1) 15 public members appointed as follows: |
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(A) five public members appointed by the |
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governor; |
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(B) five public members appointed by the |
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lieutenant governor; and |
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(C) five public members appointed by the speaker |
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of the house of representatives; and |
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(2) three ex officio members as follows: |
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(A) the commissioner of education; |
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(B) the commissioner of higher education; and |
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(C) the executive director of the Texas Veterans |
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Commission. |
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(b) The speaker of the house of representatives shall |
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designate a member of the house and the lieutenant governor shall |
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designate a member of the senate to advise the commission. |
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Sec. 449.005. PUBLIC MEMBERS: ELIGIBILITY; APPOINTMENT; |
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VACANCY. (a) A person appointed as a public member of the |
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commission must be a resident of this state. |
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(b) Public members of the commission must include: |
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(1) persons who have served prominently as leaders of |
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or spokespersons for public or private organizations that serve |
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members of religious, ethnic, national heritage, or social groups |
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that were subjected to the Holocaust or other genocides; |
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(2) persons who have significant professional |
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experience in the field of Holocaust or genocide education; |
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(3) persons who represent liberators of Holocaust or |
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other genocide victims; and |
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(4) persons who have demonstrated a significant, |
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particular interest in Holocaust or genocide education. |
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(c) Appointments of public members to the commission shall |
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be made: |
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(1) without regard to the race, color, disability, |
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sex, religion, age, or national origin of an appointee; and |
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(2) so that each geographic area of this state is |
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represented on the commission. |
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(d) The original appointing authority shall fill any |
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vacancy in an appointed position on the commission for the |
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unexpired portion of the term. |
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Sec. 449.006. EX OFFICIO MEMBERS: ELIGIBILITY; DESIGNATION |
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OF REPRESENTATIVE. (a) An ex officio member of the commission |
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vacates the person's position on the commission if the person |
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ceases to hold the position that qualifies the person for service on |
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the commission. |
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(b) An ex officio member may designate a representative to |
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serve on the commission in the member's absence. A representative |
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designated under this subsection must be an officer or employee of |
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the state agency that employs the ex officio member. |
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Sec. 449.007. REMOVAL OF PUBLIC MEMBER. (a) It is a ground |
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for removal of a public member from the commission if the member: |
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(1) is ineligible for public membership under Section |
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449.005(a); |
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(2) cannot because of illness or disability discharge |
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the member's duties for a substantial part of the term for which the |
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member is appointed; or |
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(3) is absent from more than three consecutive |
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regularly scheduled commission meetings that the member is eligible |
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to attend during a calendar year unless the absence is excused by |
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majority vote of the commission. |
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(b) The validity of an action of the commission is not |
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affected by the fact that it is taken when a ground for removal of a |
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commission member exists. |
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(c) If a member of the commission has knowledge that a |
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potential ground for removal exists, the member shall notify the |
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presiding officer of the commission of the potential ground. The |
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presiding officer shall then notify the governor and the attorney |
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general that a potential ground for removal exists. |
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Sec. 449.008. TERM OF PUBLIC MEMBER. (a) A public member |
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of the commission serves a term of four years. |
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(b) A public member is eligible for reappointment to another |
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term or part of a term. |
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(c) A public member may not serve more than two consecutive |
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terms. For purposes of this prohibition, a member is considered to |
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have served a term only if the member has served more than half of |
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the term. |
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Sec. 449.009. OFFICERS; SUBCOMMITTEES. (a) The governor |
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shall designate a public member of the commission as presiding |
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officer to serve in that capacity at the pleasure of the governor. |
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(b) The presiding officer of the commission may appoint a |
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subcommittee for any purpose consistent with the duties of the |
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commission under this chapter. |
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Sec. 449.010. COMPENSATION; EXPENSES. (a) A public member |
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of the commission is not entitled to compensation but is entitled to |
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reimbursement for the travel expenses incurred by the member while |
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transacting commission business, as provided by the General |
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Appropriations Act. |
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(b) An ex officio member's service on the commission is an |
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additional duty of the underlying position that qualifies the |
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member for service on the commission. The entitlement of an ex |
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officio member to compensation or to reimbursement for travel |
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expenses incurred while transacting commission business is |
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governed by the law that applies to the member's service in that |
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underlying position, and any payment to the member for either |
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purpose must be made from money that may be used for the purpose and |
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is available to the state agency that the member serves in that |
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underlying position. |
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Sec. 449.011. MEETINGS; QUORUM; VOTING; PUBLIC ACCESS. (a) |
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The commission shall meet at least quarterly at the times and places |
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in this state that the commission designates. |
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(b) Seven voting members of the commission constitute a |
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quorum for transacting commission business. |
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(c) An ex officio member of the commission may not vote on |
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commission business. |
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(d) The commission shall develop and implement policies |
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that provide the public with a reasonable opportunity to appear |
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before the commission and speak on any issue under the jurisdiction |
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of the commission. |
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Sec. 449.012. COORDINATOR. The office of the secretary of |
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state shall provide one part-time employee to serve as the |
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coordinator for the commission to transact commission business. |
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[Sections 449.013-449.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES; FUNDING |
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Sec. 449.051. ADVISORY STATUS OF COMMISSION. (a) In |
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implementing its powers and duties under this chapter, the |
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commission functions only in an advisory capacity. Membership on |
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the commission does not constitute a public office. |
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(b) Chapter 2110 does not apply to the commission. |
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Sec. 449.052. GENERAL POWERS AND DUTIES OF COMMISSION. (a) |
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The commission shall: |
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(1) provide advice and assistance to public and |
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private primary and secondary schools and institutions of higher |
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education in this state regarding implementation of Holocaust and |
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genocide courses of study and awareness programs; |
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(2) meet with appropriate representatives of public |
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and private organizations, including service organizations, to |
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provide information on and to assist in planning, coordinating, or |
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modifying Holocaust and genocide courses of study and awareness |
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programs; |
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(3) determine which, if any, existing Holocaust or |
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other genocide memorials, exhibits, or other resources could be |
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included in or used to support Holocaust and genocide courses of |
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study and awareness programs; |
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(4) compile a list of volunteers, such as Holocaust or |
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other genocide survivors, liberators of concentration camps, |
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scholars, and members of the clergy, who have agreed to share, in |
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classrooms, seminars, exhibits, or workshops, their verifiable |
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knowledge and experiences regarding the Holocaust or other |
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genocide; |
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(5) coordinate events in this state memorializing the |
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Holocaust and other genocides on January 27, International |
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Holocaust Remembrance Day, on the Days of Remembrance established |
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by the United State Congress, or on any other day designated by the |
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commission for that purpose; and |
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(6) solicit volunteers to participate in |
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commemorative events designed to enhance public awareness of the |
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continuing significance of the Holocaust and other genocides. |
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(b) In implementing Subsection (a)(3), the commission may |
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contact and cooperate with: |
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(1) existing public or private Holocaust or other |
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genocide resource organizations, including the United States |
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Holocaust Memorial Museum; |
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(2) other museums, centers, and organizations based in |
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this state; |
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(3) state agencies that carry out the educational |
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functions of the state delegated under the Education Code, |
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including the Texas Education Agency and the Texas Higher Education |
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Coordinating Board; and |
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(4) members of the United States Congress and of the |
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legislature of this state. |
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(c) The commission shall adopt rules as necessary for its |
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own procedures. |
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(d) The commission may appoint advisory committees to |
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advise the commission. |
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Sec. 449.053. FUNDING. (a) The commission may accept gifts |
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and grants from a public or private source for the commission to use |
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in performing the commission's powers and duties under this |
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chapter. |
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(b) The secretary of state may provide staff and may support |
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functions and activities of the commission from money available to |
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the secretary of state that may be used for this purpose. The |
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legislature may also specifically appropriate money to the |
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secretary of state to provide staff and to otherwise support |
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functions and activities of the commission. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, appointments of public members shall be made to the |
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Texas Holocaust and Genocide Commission as provided by Chapter 449, |
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Government Code, as added by this Act. Notwithstanding Section |
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449.008, Government Code, as added by this Act, the terms of initial |
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public members appointed to the Texas Holocaust and Genocide |
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Commission expire February 1, 2015. |
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SECTION 3. This Act takes effect September 1, 2009. |