BILL ANALYSIS

 

 

 

S.B. 1350

By: Hughes

Culture, Recreation & Tourism

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Texas declared its independence from Mexico in 1836, laying the foundation for its unique cultural and historical identity. The bill sponsor has informed the committee that, as the state approaches the 200th anniversary of this pivotal moment in 2036, there is a significant opportunity to reflect on and celebrate Texas' storied past, diverse heritage, and continued growth. The last major statewide commemoration of this kind occurred in 1986, when the Sesquicentennial Commission was established to coordinate the 150th anniversary celebrations of Texas' independence. S.B. 1350 seeks to establish the Texas Bicentennial Commission which will be responsible for coordinating, planning, and promoting a wide range of activities and initiatives in honor of the 200th anniversary of Texas' independence.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Bicentennial Commission in SECTION 1 of this bill.

 

ANALYSIS

 

S.B. 1350 amends the Government Code to create the Texas Bicentennial Commission composed of 23 members appointed as follows:

·       nine members of the public who must reflect the diverse geographic regions and population groups of Texas appointed by the governor with the advice and consent of the senate;

·       three senators appointed by the lieutenant governor;

·       three members of the house of representatives appointed by the speaker of the house of representatives; and

·       the following ex officio members:

o   the executive head of the Texas Economic Development and Tourism Office within the office of the governor;

o   the executive director of the Texas Historical Commission;

o   the executive director of the Texas Commission on the Arts;

o   the director of the Texas Film Commission;

o   the commissioner of education;

o   the commissioner of higher education;

o   the director of the travel information division of the Texas Department of Transportation; and

o   the director of the Institute of Texan Cultures at The University of Texas at San Antonio.

The bill requires the governor, lieutenant governor, and speaker of the house of representatives to appoint the initial members to the commission not later than December 1, 2025.

 

S.B. 1350 establishes the following with respect to the commission's membership:

·       each member of the commission is a voting member;

·       the duties performed by an ex officio member of the commission constitute additional duties of the underlying position that qualifies the member for service on the commission;

·       a member of the commission who is a senator or representative vacates the member's position if the member ceases to hold the underlying position that qualifies the member for service on the commission; and

·       appointed members of the commission serve staggered six-year terms with the terms of three members appointed by the governor, one member appointed by the lieutenant governor, and one member appointed by the speaker of the house of representatives expiring on January 31 of each odd-numbered year.

The bill requires a public member to serve until a successor is appointed and qualified and requires a vacancy in the membership of the commission to be filled for the unexpired term in the manner provided for the original appointment.

 

S.B. 1350 sets out the following requirements relating to term limits of the initial appointments to the commission:

·       a requirement for the governor to designate three members for terms expiring January 31, 2027, three members for terms expiring January 31, 2029, and three members for terms expiring January 31, 2031;

·       a requirement for the lieutenant governor to designate one member for a term expiring January 31, 2027, one member for a term expiring January 31, 2029, and one member for a term expiring January 31, 2031; and

·       a requirement for the speaker of the house of representatives to designate one member for a term expiring January 31, 2027, one member for a term expiring January 31, 2029, and one member for a term expiring January 31, 2031.

 

S.B. 1350 requires the governor to appoint one member of the commission to serve as presiding officer at the will of the governor. The bill requires the members of the commission present at a meeting, if the presiding officer is absent from the meeting or is disabled, to elect a temporary presiding officer by majority vote. The bill requires the commission to meet at least quarterly and at other times at the call of the presiding officer or as provided by commission rule. The bill authorizes the commission to employ an executive director to serve as the executive head of the commission and perform its administrative functions and authorizes the executive director to employ staff necessary to administer the commission. The bill establishes that state open meetings law applies to the commission and that 13 members of the commission constitute a quorum. The bill establishes that a member of the commission is not entitled to compensation for service on the commission but is entitled to reimbursement for actual and necessary expenses incurred in performing commission duties, subject to any applicable limitation on reimbursement provided by the General Appropriations Act. The bill sets out the following requirements relating to reimbursement:

·       a requirement for a member appointed by the governor to be reimbursed from the commission's funds;

·       a requirement for a member appointed by the lieutenant governor or speaker of the house of representatives to be reimbursed from the appropriate fund of the member's chamber of the legislature; and

·       a requirement for an ex officio member to be reimbursed from the funds of the entity from which the member serves.

 

S.B. 1350 requires the commission to do the following:

·       encourage individuals, private organizations, and local governmental bodies to organize activities celebrating the bicentennial of the state's independence;

·       assist individuals, private organizations, and local governmental bodies that organize bicentennial activities to coordinate the activities;

·       gather and disseminate information to the public about bicentennial activities conducted in Texas;

·       develop standards for bicentennial activities organized by individuals, private organizations, and local governmental bodies and sanction activities that comply with the standards;

·       invite national and international dignitaries to attend and participate in bicentennial activities conducted in Texas;

·       encourage persons living outside Texas to attend bicentennial activities occurring in Texas;

·       develop a logo to be used by the commission and permit other persons to use the logo if the commission considers the use appropriate; and

·       sanction products the commission may sell, including a commemorative calendar or flag, commemorating the state's bicentennial.

 

S.B. 1350 requires the commission, not later than September 1, 2037, to file a report with the governor and the legislature containing information about the effects of the bicentennial activities conducted in Texas on the state's economy. The bill authorizes the commission to adopt rules necessary to perform its functions and to solicit and accept, on behalf of the state, gifts, grants, and donations from any source to be used by the commission to perform its duties. The commission is abolished and the bill's provisions expire September 1, 2037.

 

EFFECTIVE DATE

 

September 1, 2025.