By: Guillen H.B. No. 4553

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Hispanic Heritage Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle D, Title 4, Government Code, is amended by adding Chapter 451 to read as follows:

CHAPTER 451. TEXAS HISPANIC HERITAGE COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 451.001. PURPOSE. The purpose of the Texas Hispanic Heritage Commission is to identify and preserve sites reflecting this state's Hispanic heritage as well as investigate wrongdoings by the state and their impacts on historical landowners who owned grants which emanated from the government of Spain or that of Mexico and recommend any possible remedy for the resulted loss of property.

Sec. 451.002. DEFINITION. In this chapter, "commission" means the Texas Hispanic Heritage Commission.

Sec. 451.003. SUNSET ACT. The Texas Hispanic Heritage Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2033.

Sec. 451.004. ADMINISTRATIVE ATTACHMENT. (a) The commission is administratively attached to the Texas Historical Commission but is independent of direction by the Texas Historical Commission.

(b) The Texas Historical Commission shall provide administrative support services, including human resources, budgetary, accounting, purchasing, payroll, information technology, and legal support services to the commission as necessary to carry out the purposes of this chapter.

Sec. 451.005. CONSULTATION; MEMORANDUM OF UNDERSTANDING. (a) The Texas Historical Commission shall consult regularly with the commission for recommendations on matters impacting the preservation, identification, documentation, or representation of sites related to Hispanic heritage, including:

(1) applications for designating state historical markers at sites where a claim is made regarding the site's connection to Hispanic heritage; and

(b) The Texas Historical Commission shall enter into a memorandum of understanding with the commission to coordinate consultations under Subsection (a) and any other joint efforts of both commissions.

SUBCHAPTER B. COMMISSION

Sec. 451.051. ESTABLISHMENT. The commission is established to identify and preserve sites reflecting this state's Hispanic heritage as well as investigate wrongdoings by the state and their impacts on historical landowners who owned grants which emanated from the government of Spain or that of Mexico and recommend any possible remedy for the resulted loss of property.

Sec. 451.052. COMMISSION MEMBERSHIP. (a) The commission is composed of nine members as follows:

(1) seven members appointed by the Texas Mexican American Legislative Caucus;

(2) one member appointed by the president of University of Texas Rio Grande Valley; and

(3) one member appointed by the president of University of Texas at El Paso.

(b) Members of the commission must:

(1) have a demonstrated interest in the preservation of Hispanic heritage; and

(2) be residents of this state.

(c) Appointments to the commission shall be made to ensure that:

(1) each geographic area of this state is represented on the commission; and

(2) the commission includes:

(A) at least one member with significant professional experience in the preservation of Hispanic heritage; and

(B) at least one member with significant professional experience in Hispanic history, genealogy, or archeology.

Sec. 451.053. TERMS; VACANCY. (a) Members of the commission shall be appointed to staggered six-year terms with the terms of one-third of the members expiring February 1 of each odd-numbered year.

(b) Members of the commission are eligible for reappointment to another term or part of a term.

(c) A vacancy shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy on the commission shall serve for the remainder of the term for which the predecessor of the member was appointed.

Sec. 451.054. REIMBURSEMENT FOR EXPENSES. A member of the commission serves without pay but is entitled to reimbursement for the travel expenses incurred by the member in attending commission meetings as provided by the General Appropriations Act.

Sec. 451.055. PRESIDING OFFICER; OTHER OFFICERS. The members of the commission shall elect from among the commission's members a presiding officer and other officers considered necessary.

Sec. 451.056. REMOVAL. (a) It is a ground for removal from the commission that the member:

(1) is ineligible for membership under Section 451.052(b);

(2) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or

(3) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.

(b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

Sec. 451.057. COMMISSION MEETINGS; QUORUM; PUBLIC PARTICIPATION. (a) The commission shall meet at least three times each year at the times and places in this state that the commission designates.

(b) Five members of the commission constitute a quorum for transacting commission business.

(c) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of the commission.

Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The Texas Historical Commission shall provide one employee to serve as the executive director for the commission to transact commission business.

(b) The Texas Historical Commission may provide additional staff and may support functions and activities of the commission from money available to the Texas Historical Commission that may be used for this purpose.

SUBCHAPTER C. DUTIES AND FUNDING

Sec. 451.101. GENERAL DUTIES. The commission may:

(1) promote public awareness of historic buildings, sites, and structures reflecting this state's Hispanic heritage through special programs and events, exhibitions, publications, and educational materials;

(2) develop a program to catalog, preserve, assess, and interpret sites reflecting this state's Hispanic heritage;

(3) build a statewide network of individuals, organizations, and institutions interested in the preservation of sites reflecting this state's Hispanic heritage;

(4) make recommendations to the Texas Historical Commission and county historical commissions regarding the preservation of sites reflecting the state's Hispanic heritage, including recommendations regarding the installation of markers recognizing districts, sites, individuals, events, structures, and objects significant to Hispanic history, archeology, or culture;

(5) make recommendations to state agencies and local governmental entities regarding wrongdoings by the state and their impacts on historical landowners who owned grants which emanated from the government of Spain or that of Mexico and recommend any possible remedy for the resulted loss of property;

(6) appoint advisory committees as the commission considers necessary to carry out this chapter;

(7) investigate wrongdoings by the state and their impacts on historical landowners who owned grants which emanated from the government of Spain or that of Mexico and recommend any possible remedy for the resulted loss of property.

Sec. 451.102. ADVISORY STATUS. (a) In implementing its duties under this chapter, the commission functions only in an advisory capacity. Membership on the commission does not constitute a public office.

(b) Chapter 2110 does not apply to the commission.

Sec. 451.103. FUNDING. (a) The commission may accept gifts, grants, or donations or raise money from any available public or private source for the commission to use in performing the commission's duties under this chapter.

(b) The legislature may specifically appropriate money to the Texas Historical Commission to provide staff and to otherwise support functions and activities of the commission, or appropriate money directly to the commission.

(c) The commission may participate in the establishment and operation of an affiliated nonprofit organization dedicated to raising money for or providing services or other benefits to the commission.

Sec. 451.104. TEXAS HISPANIC HERITAGE COMMISSION ACCOUNT. (a) The Texas Hispanic Heritage Commission account is created as an account in the general revenue fund. The Texas Historical Commission shall administer the account. Distributions from the account may be used only for furthering the purposes of this chapter and duties of the commission under this chapter. The account is composed of:

(1) amounts appropriated by the legislature to the account; and

(2) gifts, grants, and other donations received by the commission for the account.

SECTION 2. (a) Not later than January 1, 2022, the Texas Legislative Mexican American Legislative Caucus, the president of University of Texas Rio Grande Valley, and the president of University of Texas of at El Paso shall appoint members to the Texas Hispanic Heritage Commission as provided by Chapter 451, Government Code, as added by this Act.

(b) In appointing the initial members of the commission, the officials described by Subsection (a) of this section shall appoint:

(1) three members to serve terms expiring February 1, 2023;

(2) three members to serve terms expiring February 1, 2025; and

(3) three members to serve terms expiring February 1, 2027.

SECTION 3. REPORT ON RESULTING PROPERTY LOSS. Not later than January 1, 2023, the commission shall provide to the governor, lieutenant governor, and speaker of the house of representatives a final report on any wrongdoings by the state and their impacts on historical landowners who owned grants which emanated from the government of Spain or that of Mexico.

The final report must include:

(1) recommendations for any possible remedy for the resulted loss of property;

(2) proposed legislation necessary to implement the recommendations made in the final report;

(3) any administrative recommendations proposed by the commission; and

(4) a complete explanation of each of the commission's recommendations.

SECTION 4. This Act takes effect September 1, 2021.