Texas 2021 - 87th Regular

Texas House Bill HB1555 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8067 MWC-D
2	2	By: Goldman H.B. No. 1555
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation of the Texas Holocaust and Genocide
8	8	Commission as an advisory committee to the Texas Historical
9	9	Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 449, Government Code, is
12	12	amended to read as follows:
13	13	CHAPTER 449. TEXAS HOLOCAUST AND GENOCIDE ADVISORY COMMITTEE
14	14	[COMMISSION]
15	15	SECTION 2. Section 449.001, Government Code, is amended by
16	16	amending Subdivision (1) and adding Subdivision (1-a) to read as
17	17	follows:
18	18	(1) "Advisory committee" means the Texas Holocaust and
19	19	Genocide Advisory Committee.
20	20	(1-a) "Commission" means the Texas Historical
21	21	[Holocaust and Genocide] Commission.
22	22	SECTION 3. Section 449.002, Government Code, is amended to
23	23	read as follows:
24	24	Sec. 449.002. APPLICATION OF SUNSET ACT [PROVISION]. The
25	25	advisory committee [Texas Holocaust and Genocide Commission] is
26	26	subject to Chapter 325 (Texas Sunset Act). The advisory committee
27	27	shall be reviewed during the period in which the commission is
28	28	reviewed [Unless continued in existence as provided by that
29	29	chapter, the commission is abolished and this chapter expires
30	30	September 1, 2021].
31	31	SECTION 4. Section 449.004, Government Code, is amended to
32	32	read as follows:
33	33	Sec. 449.004. ADVISORY COMMITTEE [COMPOSITION OF
34	34	COMMISSION]. (a) The Texas Holocaust and Genocide Advisory
35	35	Committee is established as an advisory committee to the
36	36	commission.
37	37	(b) The advisory committee [commission] is composed of [18
38	38	members as follows:
39	39	[(1)] 15 [public] members appointed as follows:
40	40	(1) [(A)] five [public] members appointed by the
41	41	governor;
42	42	(2) [(B)] five [public] members appointed by the
43	43	lieutenant governor; and
44	44	(3) [(C)] five [public] members appointed by the
45	45	speaker of the house of representatives[; and
46	46	[(2) three ex officio members as follows:
47	47	[(A) the commissioner of education;
48	48	[(B) the commissioner of higher education; and
49	49	[(C) the executive director of the Texas Veterans
50	50	Commission.
51	51	[(b) The speaker of the house of representatives shall
52	52	designate a member of the house and the lieutenant governor shall
53	53	designate a member of the senate to advise the commission].
54	54	SECTION 5. Section 449.005, Government Code, is amended to
55	55	read as follows:
56	56	Sec. 449.005. ADVISORY COMMITTEE [PUBLIC] MEMBERS:
57	57	ELIGIBILITY; APPOINTMENT; VACANCY. (a) A person appointed as a
58	58	[public] member of the advisory committee [commission] must be a
59	59	resident of this state.
60	60	(b) Members [Public members] of the advisory committee
61	61	[commission] must include:
62	62	(1) persons who have served prominently as leaders of
63	63	or spokespersons for public or private organizations that serve
64	64	members of religious, ethnic, national heritage, or social groups
65	65	that were subjected to the Holocaust or other genocides;
66	66	(2) persons who have significant professional
67	67	experience in the field of Holocaust or genocide education;
68	68	(3) persons who represent liberators of Holocaust or
69	69	other genocide victims; and
70	70	(4) persons who have demonstrated a significant,
71	71	particular interest in Holocaust or genocide education.
72	72	(c) Appointments of [public] members to the advisory
73	73	committee [commission] shall be made:
74	74	(1) without regard to the race, color, disability,
75	75	sex, religion, age, or national origin of an appointee; and
76	76	(2) so that each geographic area of this state is
77	77	represented on the advisory committee [commission].
78	78	(d) The original appointing authority shall fill any
79	79	vacancy in a [an appointed] position on the advisory committee
80	80	[commission] for the unexpired portion of the term.
81	81	SECTION 6. Section 449.007, Government Code, is amended to
82	82	read as follows:
83	83	Sec. 449.007. REMOVAL OF ADVISORY COMMITTEE [PUBLIC]
84	84	MEMBER. (a) It is a ground for removal of a [public] member from
85	85	the advisory committee [commission] if the member:
86	86	(1) is ineligible for [public] membership under
87	87	Section 449.005(a);
88	88	(2) cannot because of illness or disability discharge
89	89	the member's duties for a substantial part of the term for which the
90	90	member is appointed; or
91	91	(3) is absent from more than three consecutive
92	92	regularly scheduled advisory committee [commission] meetings that
93	93	the member is eligible to attend during a calendar year unless the
94	94	absence is excused by majority vote of the advisory committee
95	95	[commission].
96	96	(b) The validity of an action of the advisory committee
97	97	[commission] is not affected by the fact that it is taken when a
98	98	ground for removal of an advisory committee [a commission] member
99	99	exists.
100	100	(c) If a member of the advisory committee [commission] has
101	101	knowledge that a potential ground for removal exists, the member
102	102	shall notify the presiding officer of the advisory committee
103	103	[commission] of the potential ground. The presiding officer shall
104	104	then notify the governor and the attorney general that a potential
105	105	ground for removal exists.
106	106	SECTION 7. Section 449.008, Government Code, is amended to
107	107	read as follows:
108	108	Sec. 449.008. TERM OF ADVISORY COMMITTEE [PUBLIC] MEMBER.
109	109	(a) Members [Public members] of the advisory committee
110	110	[commission] serve staggered four-year terms with the terms of
111	111	seven or eight members expiring February 1 of each odd-numbered
112	112	year.
113	113	(b) An advisory committee [A public] member is eligible for
114	114	reappointment to another term or part of a term.
115	115	(c) An advisory committee [A public] member may not serve
116	116	more than two consecutive terms. For purposes of this prohibition,
117	117	a member is considered to have served a term only if the member has
118	118	served more than half of the term.
119	119	SECTION 8. Section 449.009, Government Code, is amended to
120	120	read as follows:
121	121	Sec. 449.009. OFFICERS; SUBCOMMITTEES. (a) The governor
122	122	shall designate a [public] member of the advisory committee
123	123	[commission] as presiding officer to serve in that capacity at the
124	124	pleasure of the governor.
125	125	(b) The presiding officer of the advisory committee
126	126	[commission] may appoint a subcommittee for any purpose consistent
127	127	with the duties of the advisory committee [commission] under this
128	128	chapter.
129	129	SECTION 9. Section 449.010, Government Code, is amended to
130	130	read as follows:
131	131	Sec. 449.010. COMPENSATION; EXPENSES. [(a)] A [public]
132	132	member of the advisory committee [commission] is not entitled to
133	133	compensation but is entitled to reimbursement for the travel
134	134	expenses incurred by the member while transacting advisory
135	135	committee [commission] business, as provided by the General
136	136	Appropriations Act.
137	137	[(b) An ex officio member's service on the commission is an
138	138	additional duty of the underlying position that qualifies the
139	139	member for service on the commission. The entitlement of an ex
140	140	officio member to compensation or to reimbursement for travel
141	141	expenses incurred while transacting commission business is
142	142	governed by the law that applies to the member's service in that
143	143	underlying position, and any payment to the member for either
144	144	purpose must be made from money that may be used for the purpose and
145	145	is available to the state agency that the member serves in that
146	146	underlying position.]
147	147	SECTION 10. Section 449.011, Government Code, is amended to
148	148	read as follows:
149	149	Sec. 449.011. MEETINGS; QUORUM; VOTING; PUBLIC ACCESS. (a)
150	150	The advisory committee [commission] shall meet at least quarterly
151	151	at the times and places in this state that the advisory committee
152	152	[commission] designates.
153	153	(b) Seven voting members of the advisory committee
154	154	[commission] constitute a quorum for transacting advisory
155	155	committee [commission] business.
156	156	(c) [An ex officio member of the commission may not vote on
157	157	commission business.
158	158	[(d)] The advisory committee [commission] shall develop and
159	159	implement policies that provide the public with a reasonable
160	160	opportunity to appear before the advisory committee [commission]
161	161	and speak on any issue under the jurisdiction of the advisory
162	162	committee [commission].
163	163	SECTION 11. Subchapter A, Chapter 449, Government Code, is
164	164	amended by adding Section 449.0115 to read as follows:
165	165	Sec. 449.0115. TRAINING. Each member of the advisory
166	166	committee shall complete the training program prescribed by the
167	167	commission. The program must provide the member with information
168	168	on:
169	169	(1) the role and duties of advisory committee members;
170	170	(2) the functions of the advisory committee; and
171	171	(3) the commission's oversight of the advisory
172	172	committee.
173	173	SECTION 12. Section 449.012, Government Code, is amended to
174	174	read as follows:
175	175	Sec. 449.012. PERSONNEL [COORDINATOR]. The commission
176	176	shall:
177	177	(1) hire [Texas Historical Commission shall provide]
178	178	personnel as necessary to support the advisory committee in
179	179	fulfilling its duties under this chapter, including establishing
180	180	staffing levels, position titles, and salaries of the employees and
181	181	managing and evaluating the employees; and
182	182	(2) provide other administrative support to the
183	183	advisory committee as necessary [one part-time employee to serve as
184	184	the coordinator for the Texas Holocaust and Genocide Commission to
185	185	transact commission business].
186	186	SECTION 13. Subchapter A, Chapter 449, Government Code, is
187	187	amended by adding Section 449.013 to read as follows:
188	188	Sec. 449.013. APPLICABILITY OF OTHER LAW. Chapter 2110
189	189	does not apply to the advisory committee.
190	190	SECTION 14. The heading to Subchapter B, Chapter 449,
191	191	Government Code, is amended to read as follows:
192	192	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND
193	193	ADVISORY COMMITTEE; FUNDING
194	194	SECTION 15. Subchapter B, Chapter 449, Government Code, is
195	195	amended by adding Section 449.0515 to read as follows:
196	196	Sec. 449.0515. MEMORANDUM OF UNDERSTANDING. The commission
197	197	and advisory committee shall:
198	198	(1) enter into a memorandum of understanding to
199	199	establish the roles and responsibilities of the commission and
200	200	advisory committee under this chapter, including necessary
201	201	policies and procedures; and
202	202	(2) periodically review and update the memorandum as
203	203	necessary to carry out the purposes of this chapter.
204	204	SECTION 16. Section 449.052, Government Code, is amended to
205	205	read as follows:
206	206	Sec. 449.052. GENERAL POWERS AND DUTIES OF ADVISORY
207	207	COMMITTEE AND COMMISSION. (a) The advisory committee, under
208	208	direction of the commission, shall:
209	209	(1) provide advice and assistance to public and
210	210	private primary and secondary schools and institutions of higher
211	211	education in this state regarding implementation of Holocaust and
212	212	genocide courses of study and awareness programs;
213	213	(2) meet with appropriate representatives of public
214	214	and private organizations, including service organizations, to
215	215	provide information on and to assist in planning, coordinating, or
216	216	modifying Holocaust and genocide courses of study and awareness
217	217	programs;
218	218	(3) [determine which, if any, existing Holocaust or
219	219	other genocide memorials, exhibits, or other resources could be
220	220	included in or used to support Holocaust and genocide courses of
221	221	study and awareness programs;
222	222	[(4)] compile a list of volunteers, such as Holocaust
223	223	or other genocide survivors, liberators of concentration camps,
224	224	scholars, and members of the clergy, who have agreed to share, in
225	225	classrooms, seminars, exhibits, or workshops, their verifiable
226	226	knowledge and experiences regarding the Holocaust or other
227	227	genocide;
228	228	(4) [(5)] coordinate events in this state
229	229	memorializing the Holocaust and other genocides on January 27,
230	230	International Holocaust Remembrance Day, on the Days of Remembrance
231	231	established by the United States Congress, or on any other day
232	232	designated by the advisory committee [commission] for that purpose;
233	233	and
234	234	(5) [(6)] solicit volunteers to participate in
235	235	commemorative events designed to enhance public awareness of the
236	236	continuing significance of the Holocaust and other genocides.
237	237	(b) In implementing Subsection (a) [(a)(3)], the advisory
238	238	committee, under direction of the commission, may contact and
239	239	cooperate with:
240	240	(1) existing public or private Holocaust or other
241	241	genocide resource organizations, including the United States
242	242	Holocaust Memorial Museum;
243	243	(2) other museums, centers, and organizations based in
244	244	this state;
245	245	(3) state agencies that carry out the educational
246	246	functions of the state delegated under the Education Code,
247	247	including the Texas Education Agency and the Texas Higher Education
248	248	Coordinating Board; [and]
249	249	(4) the Texas Veterans Commission; and
250	250	(5) members of the United States Congress and of the
251	251	legislature of this state.
252	252	(c) The commission shall adopt rules as necessary governing
253	253	the operation of the advisory committee [for its own procedures].
254	254	The rules may include the delegation of certain final decisions and
255	255	authorities to the advisory committee that are appropriate given
256	256	the committee's advisory status.
257	257	(d) [The commission may appoint advisory committees to
258	258	advise the commission.
259	259	[(e)] The commission, in coordination with the advisory
260	260	committee, shall adopt rules, policies, and procedures for the [may
261	261	provide] matching grants program established to assist in the
262	262	implementation of the [commission's] goals and objectives of this
263	263	chapter. The commission must prescribe for the program an annual
264	264	budget, a funding cycle, goals, award eligibility criteria, grant
265	265	application and selection processes, requirements for in-kind
266	266	services and matching fund waivers, maximum grant awards, conflict
267	267	of interest policies, data collection and evaluation, and audits of
268	268	grant recipients.
269	269	SECTION 17. Section 449.053, Government Code, is amended to
270	270	read as follows:
271	271	Sec. 449.053. FUNDING. (a) The commission may accept gifts
272	272	and grants from a public or private source on behalf of the advisory
273	273	committee for the advisory committee [commission] to use in
274	274	performing the [commission's powers and] duties assigned to the
275	275	advisory committee under this chapter. The commission may
276	276	participate in the establishment and operation of an affiliated
277	277	nonprofit organization whose purpose is to raise funds for or
278	278	provide services or other benefits to the advisory committee
279	279	[commission].
280	280	(b) All legislative appropriations to [The Texas Historical
281	281	Commission may provide staff and may] support the functions and
282	282	activities of the advisory committee shall be made as part of the
283	283	commission's legislative appropriations request process and
284	284	disbursed to the commission [Texas Holocaust and Genocide
285	285	Commission from money available to the Texas Historical Commission
286	286	that may be used for this purpose. The legislature may also
287	287	specifically appropriate money to the Texas Historical Commission
288	288	to provide staff and to otherwise support functions and activities
289	289	of the Texas Holocaust and Genocide Commission].
290	290	SECTION 18. Subchapter B, Chapter 449, Government Code, is
291	291	amended by adding Section 449.054 to read as follows:
292	292	Sec. 449.054. COMMISSION REPORT; AUDITS. (a) The commission
293	293	shall include the activities of the advisory committee as
294	294	authorized by Section 449.052 in the report the commission is
295	295	required to submit under Section 442.005(n).
296	296	(b) The advisory committee is subject to audit and
297	297	evaluation by the commission or another appropriate state agency,
298	298	including the state auditor's office.
299	299	SECTION 19. Section 29.9072(c), Education Code, is amended
300	300	to read as follows:
301	301	(c) Holocaust Remembrance Week shall include
302	302	age-appropriate instruction, as determined by each school
303	303	district. Instruction shall include:
304	304	(1) information about the history of and lessons
305	305	learned from the Holocaust;
306	306	(2) participation, in person or using technology, in
307	307	learning projects about the Holocaust; and
308	308	(3) the use of materials developed or approved by the
309	309	Texas Holocaust and Genocide Advisory Committee [Commission].
310	310	SECTION 20. The following provisions of the Government Code
311	311	are repealed:
312	312	(1) Section 449.003;
313	313	(2) Section 449.006; and
314	314	(3) Section 449.051.
315	315	SECTION 21. (a) On the effective date of this Act, a public
316	316	member of the former Texas Holocaust and Genocide Commission
317	317	becomes a member of the Texas Holocaust and Genocide Advisory
318	318	Committee and continues the member's term on the advisory committee
319	319	in accordance with the original appointment on the commission.
320	320	(b) Section 449.0115, Government Code, as added by this Act,
321	321	applies to a member of the Texas Holocaust and Genocide Advisory
322	322	Committee appointed before, on, or after the effective date of this
323	323	Act.
324	324	(c) Not later than September 1, 2021, the Texas Historical
325	325	Commission and the Texas Holocaust and Genocide Advisory Committee
326	326	shall develop and enter into a memorandum of understanding as
327	327	required by Section 449.0515, Government Code, as added by this
328	328	Act. Before the effective date of this Act, the Texas Historical
329	329	Commission and Texas Holocaust and Genocide Commission may begin
330	330	developing the memorandum of understanding.
331	331	(d) Not later than December 1, 2022, the Texas Historical
332	332	Commission and the Texas Holocaust and Genocide Advisory Committee
333	333	shall provide a written report to the Sunset Advisory Commission on
334	334	the progress of the Texas Historical Commission and the Texas
335	335	Holocaust and Genocide Advisory Committee in implementing the
336	336	changes in law made by this Act. The report must identify any
337	337	obstacles or concerns encountered in implementing the changes.
338	338	(e) All contracts and agreements of the Texas Holocaust and
339	339	Genocide Commission are continued in effect as contracts and
340	340	agreements of the Texas Historical Commission.
341	341	(f) The Texas Historical Commission shall coordinate with
342	342	the Texas Holocaust and Genocide Advisory Committee and the
343	343	Legislative Budget Board to propose goals, strategies, and
344	344	performance measures for the advisory committee in the commission's
345	345	legislative appropriations request for the state fiscal biennium
346	346	ending August 31, 2025.
347	347	SECTION 22. As soon as practicable after the effective date
348	348	of this Act, the Texas Historical Commission shall perform an
349	349	evaluation of the job titles and salaries of personnel employed by
350	350	the commission to support the Texas Holocaust and Genocide Advisory
351	351	Committee under Section 449.012, Government Code, as amended by
352	352	this Act, in order to ensure that the salaries and titles are
353	353	commensurate with other commission employees with comparable
354	354	duties.
355	355	SECTION 23. This Act takes effect September 1, 2021.