88R982 YDB-F

By: Miles S.B. No. 194

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas African American 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 452 to read as follows:

CHAPTER 452. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 452.001. PURPOSE. The purpose of the Texas African American Heritage Commission is to identify, preserve, interpret, and promote sites reflecting this state's African American heritage.

Sec. 452.002. DEFINITION. In this chapter, "commission" means the Texas African American Heritage Commission.

Sec. 452.003. SUNSET ACT. The Texas African American 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, 2035.

Sec. 452.004. 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. 452.005. 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 African American heritage, including:

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

(2) proposed projects submitted to the Texas Historical Commission by a state agency for consultation under Section 106, National Historic Preservation Act of 1966 (54 U.S.C. Section 306108) in which a claim is made regarding the project site's connection to African American heritage.

(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. 452.051. ESTABLISHMENT. The commission is established to preserve, interpret, and promote sites reflecting this state's African American heritage.

Sec. 452.052. COMMISSION MEMBERSHIP. (a) The commission is composed of nine members as follows:

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

(2) one member appointed by the president of Texas Southern University; and

(3) one member appointed by the president of Prairie View A&M University.

(b) Commission members must:

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

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

Sec. 452.053. TERMS; VACANCY. (a) Commission members 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) Commission members 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. 452.054. REIMBURSEMENT FOR EXPENSES. A commission member 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. 452.055. PRESIDING OFFICER; OTHER OFFICERS. The commission members shall elect from among the commission's members a presiding officer and other officers considered necessary.

Sec. 452.056. REMOVAL. (a) It is a ground for removal from the commission that the commission member:

(1) is ineligible for membership under Section 452.052(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 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 a commission action is not affected by the fact that it is taken when a ground for removal of a commission member exists.

Sec. 452.057. COMMISSION MEETINGS; QUORUM; PUBLIC PARTICIPATION. (a) The commission shall meet at least three times each year at the times and places in this state the commission designates.

(b) Five commission members 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 commission's jurisdiction.

Sec. 452.058. 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 commission functions and activities from money available to the Texas Historical Commission that may be used for this purpose.

SUBCHAPTER C. DUTIES AND FUNDING

Sec. 452.101. GENERAL DUTIES. The commission may:

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

(2) support African American heritage education at the elementary, secondary, and college or university levels;

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

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

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

(6) make recommendations to state agencies and local governmental entities regarding policies and programs to promote the preservation of sites reflecting this state's African American heritage;

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

(8) provide technical assistance to local governments and nonprofit organizations to further the study and preservation of African American heritage; and

(9) promote collaboration among local African American heritage organizations in this state and provide support and services to those organizations.

Sec. 452.102. ADVISORY STATUS. (a) In implementing its duties under this chapter, the commission functions only in an advisory capacity. Commission membership does not constitute a public office.

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

Sec. 452.103. 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 commission functions and activities, 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. 452.104. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION ACCOUNT. The Texas African American 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 commission duties under this chapter. The account is composed of:

(1) amounts the legislature appropriates to the account; and

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

SECTION 2. (a) Not later than January 1, 2024, the Texas Legislative Black Caucus, the president of Texas Southern University, and the president of Prairie View A&M University shall appoint members to the Texas African American Heritage Commission as provided by Chapter 452, Government Code, as added by this Act.

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

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

(2) three members to serve terms expiring February 1, 2027; and

(3) three members to serve terms expiring February 1, 2029.

SECTION 3. The Texas Historical Commission is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.

SECTION 4. This Act takes effect September 1, 2023.