87R8067 MWC-D
By: Goldman H.B. No. 1555
A BILL TO BE ENTITLED
AN ACT
relating to the continuation of the Texas Holocaust and Genocide
Commission as an advisory committee to the Texas Historical
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 449, Government Code, is
amended to read as follows:
CHAPTER 449. TEXAS HOLOCAUST AND GENOCIDE ADVISORY COMMITTEE
[COMMISSION]
SECTION 2. Section 449.001, Government Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Advisory committee" means the Texas Holocaust and
Genocide Advisory Committee.
(1-a) "Commission" means the Texas Historical
[Holocaust and Genocide] Commission.
SECTION 3. Section 449.002, Government Code, is amended to
read as follows:
Sec. 449.002. APPLICATION OF SUNSET ACT [PROVISION]. The
advisory committee [Texas Holocaust and Genocide Commission] is
subject to Chapter 325 (Texas Sunset Act). The advisory committee
shall be reviewed during the period in which the commission is
reviewed [Unless continued in existence as provided by that
chapter, the commission is abolished and this chapter expires
September 1, 2021].
SECTION 4. Section 449.004, Government Code, is amended to
read as follows:
Sec. 449.004. ADVISORY COMMITTEE [COMPOSITION OF
COMMISSION]. (a) The Texas Holocaust and Genocide Advisory
Committee is established as an advisory committee to the
commission.
(b) The advisory committee [commission] is composed of [18
members as follows:
[(1)] 15 [public] members appointed as follows:
(1) [(A)] five [public] members appointed by the
governor;
(2) [(B)] five [public] members appointed by the
lieutenant governor; and
(3) [(C)] five [public] members appointed by the
speaker of the house of representatives[; and
[(2) three ex officio members as follows:
[(A) the commissioner of education;
[(B) the commissioner of higher education; and
[(C) the executive director of the Texas Veterans
Commission.
[(b) The speaker of the house of representatives shall
designate a member of the house and the lieutenant governor shall
designate a member of the senate to advise the commission].
SECTION 5. Section 449.005, Government Code, is amended to
read as follows:
Sec. 449.005. ADVISORY COMMITTEE [PUBLIC] MEMBERS:
ELIGIBILITY; APPOINTMENT; VACANCY. (a) A person appointed as a
[public] member of the advisory committee [commission] must be a
resident of this state.
(b) Members [Public members] of the advisory committee
[commission] must include:
(1) persons who have served prominently as leaders of
or spokespersons for public or private organizations that serve
members of religious, ethnic, national heritage, or social groups
that were subjected to the Holocaust or other genocides;
(2) persons who have significant professional
experience in the field of Holocaust or genocide education;
(3) persons who represent liberators of Holocaust or
other genocide victims; and
(4) persons who have demonstrated a significant,
particular interest in Holocaust or genocide education.
(c) Appointments of [public] members to the advisory
committee [commission] shall be made:
(1) without regard to the race, color, disability,
sex, religion, age, or national origin of an appointee; and
(2) so that each geographic area of this state is
represented on the advisory committee [commission].
(d) The original appointing authority shall fill any
vacancy in a [an appointed] position on the advisory committee
[commission] for the unexpired portion of the term.
SECTION 6. Section 449.007, Government Code, is amended to
read as follows:
Sec. 449.007. REMOVAL OF ADVISORY COMMITTEE [PUBLIC]
MEMBER. (a) It is a ground for removal of a [public] member from
the advisory committee [commission] if the member:
(1) is ineligible for [public] membership under
Section 449.005(a);
(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 three consecutive
regularly scheduled advisory committee [commission] meetings that
the member is eligible to attend during a calendar year unless the
absence is excused by majority vote of the advisory committee
[commission].
(b) The validity of an action of the advisory committee
[commission] is not affected by the fact that it is taken when a
ground for removal of an advisory committee [a commission] member
exists.
(c) If a member of the advisory committee [commission] has
knowledge that a potential ground for removal exists, the member
shall notify the presiding officer of the advisory committee
[commission] of the potential ground. The presiding officer shall
then notify the governor and the attorney general that a potential
ground for removal exists.
SECTION 7. Section 449.008, Government Code, is amended to
read as follows:
Sec. 449.008. TERM OF ADVISORY COMMITTEE [PUBLIC] MEMBER.
(a) Members [Public members] of the advisory committee
[commission] serve staggered four-year terms with the terms of
seven or eight members expiring February 1 of each odd-numbered
year.
(b) An advisory committee [A public] member is eligible for
reappointment to another term or part of a term.
(c) An advisory committee [A public] member may not serve
more than two consecutive terms. For purposes of this prohibition,
a member is considered to have served a term only if the member has
served more than half of the term.
SECTION 8. Section 449.009, Government Code, is amended to
read as follows:
Sec. 449.009. OFFICERS; SUBCOMMITTEES. (a) The governor
shall designate a [public] member of the advisory committee
[commission] as presiding officer to serve in that capacity at the
pleasure of the governor.
(b) The presiding officer of the advisory committee
[commission] may appoint a subcommittee for any purpose consistent
with the duties of the advisory committee [commission] under this
chapter.
SECTION 9. Section 449.010, Government Code, is amended to
read as follows:
Sec. 449.010. COMPENSATION; EXPENSES. [(a)] A [public]
member of the advisory committee [commission] is not entitled to
compensation but is entitled to reimbursement for the travel
expenses incurred by the member while transacting advisory
committee [commission] business, as provided by the General
Appropriations Act.
[(b) An ex officio member's service on the commission is an
additional duty of the underlying position that qualifies the
member for service on the commission. The entitlement of an ex
officio member to compensation or to reimbursement for travel
expenses incurred while transacting commission business is
governed by the law that applies to the member's service in that
underlying position, and any payment to the member for either
purpose must be made from money that may be used for the purpose and
is available to the state agency that the member serves in that
underlying position.]
SECTION 10. Section 449.011, Government Code, is amended to
read as follows:
Sec. 449.011. MEETINGS; QUORUM; VOTING; PUBLIC ACCESS. (a)
The advisory committee [commission] shall meet at least quarterly
at the times and places in this state that the advisory committee
[commission] designates.
(b) Seven voting members of the advisory committee
[commission] constitute a quorum for transacting advisory
committee [commission] business.
(c) [An ex officio member of the commission may not vote on
commission business.
[(d)] The advisory committee [commission] shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the advisory committee [commission]
and speak on any issue under the jurisdiction of the advisory
committee [commission].
SECTION 11. Subchapter A, Chapter 449, Government Code, is
amended by adding Section 449.0115 to read as follows:
Sec. 449.0115. TRAINING. Each member of the advisory
committee shall complete the training program prescribed by the
commission. The program must provide the member with information
on:
(1) the role and duties of advisory committee members;
(2) the functions of the advisory committee; and
(3) the commission's oversight of the advisory
committee.
SECTION 12. Section 449.012, Government Code, is amended to
read as follows:
Sec. 449.012. PERSONNEL [COORDINATOR]. The commission
shall:
(1) hire [Texas Historical Commission shall provide]
personnel as necessary to support the advisory committee in
fulfilling its duties under this chapter, including establishing
staffing levels, position titles, and salaries of the employees and
managing and evaluating the employees; and
(2) provide other administrative support to the
advisory committee as necessary [one part-time employee to serve as
the coordinator for the Texas Holocaust and Genocide Commission to
transact commission business].
SECTION 13. Subchapter A, Chapter 449, Government Code, is
amended by adding Section 449.013 to read as follows:
Sec. 449.013. APPLICABILITY OF OTHER LAW. Chapter 2110
does not apply to the advisory committee.
SECTION 14. The heading to Subchapter B, Chapter 449,
Government Code, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND
ADVISORY COMMITTEE; FUNDING
SECTION 15. Subchapter B, Chapter 449, Government Code, is
amended by adding Section 449.0515 to read as follows:
Sec. 449.0515. MEMORANDUM OF UNDERSTANDING. The commission
and advisory committee shall:
(1) enter into a memorandum of understanding to
establish the roles and responsibilities of the commission and
advisory committee under this chapter, including necessary
policies and procedures; and
(2) periodically review and update the memorandum as
necessary to carry out the purposes of this chapter.
SECTION 16. Section 449.052, Government Code, is amended to
read as follows:
Sec. 449.052. GENERAL POWERS AND DUTIES OF ADVISORY
COMMITTEE AND COMMISSION. (a) The advisory committee, under
direction of the commission, shall:
(1) provide advice and assistance to public and
private primary and secondary schools and institutions of higher
education in this state regarding implementation of Holocaust and
genocide courses of study and awareness programs;
(2) meet with appropriate representatives of public
and private organizations, including service organizations, to
provide information on and to assist in planning, coordinating, or
modifying Holocaust and genocide courses of study and awareness
programs;
(3) [determine which, if any, existing Holocaust or
other genocide memorials, exhibits, or other resources could be
included in or used to support Holocaust and genocide courses of
study and awareness programs;
[(4)] compile a list of volunteers, such as Holocaust
or other genocide survivors, liberators of concentration camps,
scholars, and members of the clergy, who have agreed to share, in
classrooms, seminars, exhibits, or workshops, their verifiable
knowledge and experiences regarding the Holocaust or other
genocide;
(4) [(5)] coordinate events in this state
memorializing the Holocaust and other genocides on January 27,
International Holocaust Remembrance Day, on the Days of Remembrance
established by the United States Congress, or on any other day
designated by the advisory committee [commission] for that purpose;
and
(5) [(6)] solicit volunteers to participate in
commemorative events designed to enhance public awareness of the
continuing significance of the Holocaust and other genocides.
(b) In implementing Subsection (a) [(a)(3)], the advisory
committee, under direction of the commission, may contact and
cooperate with:
(1) existing public or private Holocaust or other
genocide resource organizations, including the United States
Holocaust Memorial Museum;
(2) other museums, centers, and organizations based in
this state;
(3) state agencies that carry out the educational
functions of the state delegated under the Education Code,
including the Texas Education Agency and the Texas Higher Education
Coordinating Board; [and]
(4) the Texas Veterans Commission; and
(5) members of the United States Congress and of the
legislature of this state.
(c) The commission shall adopt rules as necessary governing
the operation of the advisory committee [for its own procedures].
The rules may include the delegation of certain final decisions and
authorities to the advisory committee that are appropriate given
the committee's advisory status.
(d) [The commission may appoint advisory committees to
advise the commission.
[(e)] The commission, in coordination with the advisory
committee, shall adopt rules, policies, and procedures for the [may
provide] matching grants program established to assist in the
implementation of the [commission's] goals and objectives of this
chapter. The commission must prescribe for the program an annual
budget, a funding cycle, goals, award eligibility criteria, grant
application and selection processes, requirements for in-kind
services and matching fund waivers, maximum grant awards, conflict
of interest policies, data collection and evaluation, and audits of
grant recipients.
SECTION 17. Section 449.053, Government Code, is amended to
read as follows:
Sec. 449.053. FUNDING. (a) The commission may accept gifts
and grants from a public or private source on behalf of the advisory
committee for the advisory committee [commission] to use in
performing the [commission's powers and] duties assigned to the
advisory committee under this chapter. The commission may
participate in the establishment and operation of an affiliated
nonprofit organization whose purpose is to raise funds for or
provide services or other benefits to the advisory committee
[commission].
(b) All legislative appropriations to [The Texas Historical
Commission may provide staff and may] support the functions and
activities of the advisory committee shall be made as part of the
commission's legislative appropriations request process and
disbursed to the commission [Texas Holocaust and Genocide
Commission from money available to the Texas Historical Commission
that may be used for this purpose. The legislature may also
specifically appropriate money to the Texas Historical Commission
to provide staff and to otherwise support functions and activities
of the Texas Holocaust and Genocide Commission].
SECTION 18. Subchapter B, Chapter 449, Government Code, is
amended by adding Section 449.054 to read as follows:
Sec. 449.054. COMMISSION REPORT; AUDITS. (a) The commission
shall include the activities of the advisory committee as
authorized by Section 449.052 in the report the commission is
required to submit under Section 442.005(n).
(b) The advisory committee is subject to audit and
evaluation by the commission or another appropriate state agency,
including the state auditor's office.
SECTION 19. Section 29.9072(c), Education Code, is amended
to read as follows:
(c) Holocaust Remembrance Week shall include
age-appropriate instruction, as determined by each school
district. Instruction shall include:
(1) information about the history of and lessons
learned from the Holocaust;
(2) participation, in person or using technology, in
learning projects about the Holocaust; and
(3) the use of materials developed or approved by the
Texas Holocaust and Genocide Advisory Committee [Commission].
SECTION 20. The following provisions of the Government Code
are repealed:
(1) Section 449.003;
(2) Section 449.006; and
(3) Section 449.051.
SECTION 21. (a) On the effective date of this Act, a public
member of the former Texas Holocaust and Genocide Commission
becomes a member of the Texas Holocaust and Genocide Advisory
Committee and continues the member's term on the advisory committee
in accordance with the original appointment on the commission.
(b) Section 449.0115, Government Code, as added by this Act,
applies to a member of the Texas Holocaust and Genocide Advisory
Committee appointed before, on, or after the effective date of this
Act.
(c) Not later than September 1, 2021, the Texas Historical
Commission and the Texas Holocaust and Genocide Advisory Committee
shall develop and enter into a memorandum of understanding as
required by Section 449.0515, Government Code, as added by this
Act. Before the effective date of this Act, the Texas Historical
Commission and Texas Holocaust and Genocide Commission may begin
developing the memorandum of understanding.
(d) Not later than December 1, 2022, the Texas Historical
Commission and the Texas Holocaust and Genocide Advisory Committee
shall provide a written report to the Sunset Advisory Commission on
the progress of the Texas Historical Commission and the Texas
Holocaust and Genocide Advisory Committee in implementing the
changes in law made by this Act. The report must identify any
obstacles or concerns encountered in implementing the changes.
(e) All contracts and agreements of the Texas Holocaust and
Genocide Commission are continued in effect as contracts and
agreements of the Texas Historical Commission.
(f) The Texas Historical Commission shall coordinate with
the Texas Holocaust and Genocide Advisory Committee and the
Legislative Budget Board to propose goals, strategies, and
performance measures for the advisory committee in the commission's
legislative appropriations request for the state fiscal biennium
ending August 31, 2025.
SECTION 22. As soon as practicable after the effective date
of this Act, the Texas Historical Commission shall perform an
evaluation of the job titles and salaries of personnel employed by
the commission to support the Texas Holocaust and Genocide Advisory
Committee under Section 449.012, Government Code, as amended by
this Act, in order to ensure that the salaries and titles are
commensurate with other commission employees with comparable
duties.
SECTION 23. This Act takes effect September 1, 2021.