TX
Texas House Bill HB3257

Texas 2021 - 87th Regular

Texas House Bill HB3257 Compare Versions

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1-H.B. No. 3257
1+By: King of Parker, et al. H.B. No. 3257
2+ (Senate Sponsor - Alvarado)
3+ (In the Senate - Received from the House April 21, 2021;
4+ May 10, 2021, read first time and referred to Committee on Natural
5+ Resources & Economic Development; May 21, 2021, reported favorably
6+ by the following vote: Yeas 9, Nays 0; May 21, 2021, sent to
7+ printer.)
8+Click here to see the committee vote
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the creation of the Texas Holocaust, Genocide, and
614 Antisemitism Advisory Commission.
715 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
816 SECTION 1. Subtitle D, Title 4, Government Code, is amended
917 by adding Chapter 448 to read as follows:
1018 CHAPTER 448. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY
1119 COMMISSION
1220 SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS
1321 Sec. 448.001. DEFINITIONS. In this chapter:
1422 (1) "Advisory commission" means the Texas Holocaust,
1523 Genocide, and Antisemitism Advisory Commission.
1624 (2) "Antisemitism" means a certain perception of Jews
1725 that may be expressed as hatred toward Jews. The term includes
1826 rhetorical and physical acts of antisemitism directed toward Jewish
1927 or non-Jewish individuals or their property or toward Jewish
2028 community institutions and religious facilities. Examples of
2129 antisemitism are included with the International Holocaust
2230 Remembrance Alliance's "Working Definition of Antisemitism"
2331 adopted on May 26, 2016.
2432 (3) "Commission" means the Texas Historical
2533 Commission.
2634 (4) "Genocide" means any of the following acts
2735 committed with intent to wholly or partly destroy a national,
2836 ethnic, racial, or religious group:
2937 (A) killing members of the group;
3038 (B) causing serious bodily or mental harm to
3139 members of the group;
3240 (C) deliberately inflicting on the group
3341 conditions of life calculated to wholly or partly cause the group's
3442 physical destruction;
3543 (D) imposing measures intended to prevent births
3644 within the group; or
3745 (E) forcibly transferring children of the group
3846 to another group.
3947 (5) "Holocaust" means the killing of approximately six
4048 million Jews and millions of other persons during World War II by
4149 the National Socialist German Workers' Party (Nazis) and Nazi
4250 collaborators as part of a state-sponsored, systematic program of
4351 genocide and other acts of persecution, discrimination, violence,
4452 or other human rights violations committed by the Nazis and Nazi
4553 collaborators against those persons.
4654 Sec. 448.002. SUNSET REVIEW. The advisory commission shall
4755 be reviewed during the period in which the Texas Historical
4856 Commission is reviewed under Chapter 325.
4957 Sec. 448.003. ADVISORY COMMISSION. The Texas Holocaust,
5058 Genocide, and Antisemitism Advisory Commission is established as an
5159 advisory commission to the commission.
5260 SUBCHAPTER B. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY
5361 COMMISSION
5462 Sec. 448.051. COMPOSITION OF ADVISORY COMMISSION. (a) The
5563 governor shall appoint nine members to the advisory commission.
5664 (b) A member of the advisory commission must be a resident
5765 of this state.
5866 (c) The advisory commission must include members who:
5967 (1) have demonstrated a significant interest in and
6068 are knowledgeable about issues in the Jewish community and
6169 antisemitism;
6270 (2) have served prominently as leaders of or
6371 spokespersons for public or private organizations that serve
6472 members of religious, ethnic, national heritage, or social groups
6573 that were subjected to antisemitism, the Holocaust, or other
6674 genocides;
6775 (3) have significant professional experience in the
6876 field of Holocaust or genocide education;
6977 (4) represent liberators of Holocaust or other
7078 genocide victims; or
7179 (5) have demonstrated a significant, particular
7280 interest in Holocaust or genocide education.
7381 (d) The governor shall fill any vacancy in a position on the
7482 advisory commission for the unexpired portion of the term.
7583 Sec. 448.052. TERMS. (a) Advisory commission members
7684 serve staggered six-year terms with the terms of three members
7785 expiring February 1 of each odd-numbered year.
7886 (b) An advisory commission member is eligible for
7987 reappointment to another term or part of a term.
8088 (c) An advisory commission member may not serve more than
8189 two consecutive terms. For purposes of this subsection, a member is
8290 considered to have served a term only if the member served two or
8391 more years of the member's term.
8492 Sec. 448.053. PRESIDING OFFICER. The governor shall
8593 designate a member of the advisory commission as presiding officer
8694 of the advisory commission to serve in that capacity at the pleasure
8795 of the governor.
8896 Sec. 448.054. SUBCOMMITTEES. The presiding officer of the
8997 advisory commission may appoint a subcommittee for any purpose
9098 consistent with the duties of the advisory commission under this
9199 chapter.
92100 Sec. 448.055. COMPENSATION; EXPENSES. A member of the
93101 advisory commission is not entitled to compensation but is entitled
94102 to reimbursement for the travel expenses incurred by the member
95103 while transacting advisory commission business, as provided by the
96104 General Appropriations Act.
97105 Sec. 448.056. MEETINGS; QUORUM; PUBLIC ACCESS. (a) The
98106 advisory commission shall meet at least quarterly at the times and
99107 places in this state the commission designates.
100108 (b) Five voting members of the advisory commission
101109 constitute a quorum for transacting advisory commission business.
102110 (c) The commission shall develop and implement policies
103111 that provide the public with a reasonable opportunity to appear
104112 before the advisory commission and speak on any issue under the
105113 jurisdiction of the advisory commission.
106114 Sec. 448.057. TRAINING. Each member of the advisory
107115 commission shall complete the training program prescribed by the
108116 commission. The program must provide the member with information
109117 on:
110118 (1) the role and duties of advisory commission
111119 members;
112120 (2) the functions of the advisory commission; and
113121 (3) the commission's oversight of the advisory
114122 commission.
115123 Sec. 448.058. PERSONNEL. The commission shall:
116124 (1) hire personnel as necessary to support the
117125 advisory commission in fulfilling its duties under this chapter,
118126 including establishing staffing levels, position titles, and
119127 salaries of the employees and managing and evaluating the
120128 employees; and
121129 (2) provide other administrative support to the
122130 advisory commission as necessary.
123131 SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND ADVISORY
124132 COMMISSION; FUNDING
125133 Sec. 448.101. DUTIES OF ADVISORY COMMISSION. (a) The
126134 advisory commission, under direction of the commission, shall:
127135 (1) conduct a study on antisemitism in this state and
128136 submit a report on the results of the study to the governor, the
129137 lieutenant governor, the speaker of the house of representatives,
130138 and each member of the legislature not later than November 1 of each
131139 even-numbered year;
132140 (2) provide advice and assistance to public and
133141 private primary and secondary schools and institutions of higher
134142 education in this state regarding methods of combating antisemitism
135143 and implementation of Holocaust and genocide courses of study and
136144 awareness programs;
137145 (3) meet with appropriate representatives of public
138146 and private organizations, including service organizations, to
139147 provide information on and to assist in planning, coordinating, or
140148 modifying antisemitism awareness programs and Holocaust and
141149 genocide courses of study and awareness programs;
142150 (4) compile a list of volunteers, such as Holocaust or
143151 other genocide survivors, liberators of concentration camps,
144152 scholars, and members of the clergy, who have agreed to share, in
145153 classrooms, seminars, exhibits, or workshops, their verifiable
146154 knowledge and experiences regarding the Holocaust or other
147155 genocide;
148156 (5) annually coordinate events in this state
149157 memorializing the Holocaust and other genocides on January 27,
150158 International Holocaust Remembrance Day, on the Days of Remembrance
151159 established by the United States Congress, or on any other day
152160 designated by the advisory commission for that purpose;
153161 (6) solicit volunteers to participate in
154162 commemorative events designed to enhance public awareness of the
155163 fight against antisemitism and continuing significance of the
156164 Holocaust and other genocides;
157165 (7) collaborate with appropriate groups to support
158166 efforts to recognize International Holocaust Remembrance Day; and
159167 (8) make recommendations as to whether International
160168 Holocaust Remembrance Day shall be a state holiday.
161169 (b) In implementing Subsection (a), the advisory
162170 commission, under direction of the commission, may contact and
163171 cooperate with:
164172 (1) existing public or private antisemitism,
165173 Holocaust, or other genocide resource organizations, including the
166174 United States Holocaust Memorial Museum;
167175 (2) other museums, centers, and organizations based in
168176 this state;
169177 (3) state agencies that perform this state's
170178 educational functions as delegated under the Education Code,
171179 including the Texas Education Agency and the Texas Higher Education
172180 Coordinating Board;
173181 (4) the Texas Veterans Commission; and
174182 (5) members of the United States Congress and of the
175183 legislature of this state.
176184 (c) The commission may provide matching grants to assist in
177185 the implementation of the advisory commission's goals and
178186 objectives.
179187 (d) Chapter 2110 does not apply to the advisory commission.
180188 Sec. 448.102. COMMISSION POWERS AND DUTIES. (a) The
181189 commission shall adopt rules as necessary governing the operation
182190 of the advisory commission. The rules may include the delegation of
183191 certain final decisions and authorities to the advisory commission
184192 that are appropriate given the advisory commission's advisory
185193 status.
186194 (b) The commission, in coordination with the advisory
187195 commission, shall adopt rules, policies, and procedures for the
188196 matching grants program established to assist in the implementation
189197 of the goals and objectives of this chapter. The commission must
190198 prescribe for the program an annual budget, a funding cycle, goals,
191199 award eligibility criteria, grant application and selection
192200 processes, requirements for in-kind services and matching fund
193201 waivers, maximum grant awards, conflict of interest policies, data
194202 collection and evaluation, and audits of grant recipients.
195203 Sec. 448.103. FUNDING. (a) The commission may accept gifts
196204 and grants from a public or private source on behalf of the advisory
197205 commission for the advisory commission to use in performing the
198206 duties assigned to the advisory commission under this chapter.
199207 (b) All legislative appropriations to support the functions
200208 and activities of the advisory commission shall be made as part of
201209 the commission's legislative appropriations request process and
202210 disbursed to the commission.
203211 Sec. 448.104. COMMISSION REPORT; AUDITS. (a) The
204212 commission shall include the activities of the advisory commission
205213 as authorized by Section 448.101 in the report the commission is
206214 required to submit under Section 442.005(n).
207215 (b) The advisory commission is subject to audit and
208216 evaluation by the commission or another appropriate state agency,
209217 including the state auditor's office.
210218 Sec. 448.105. CONTRACTS WITH NONPROFIT ORGANIZATIONS. (a)
211219 The commission may contract with one or more nonprofit
212220 organizations to assist in fulfilling the advisory commission's
213221 duties under this chapter.
214222 (b) The commission shall adopt rules relating to contracts
215223 entered into under this section. The rules must require each
216224 contract to clearly establish:
217225 (1) the role of the nonprofit organization in
218226 assisting the advisory commission in fulfilling its duties under
219227 this chapter;
220228 (2) the nature of the relationship between the
221229 commission and the nonprofit organization;
222230 (3) the performance expectations for the nonprofit
223231 organization;
224232 (4) requirements and expectations regarding the
225233 nonprofit organization's employees;
226234 (5) the commission's expectations regarding ownership
227235 of any literature, media, or other products developed or produced
228236 by the nonprofit organization to assist the advisory commission in
229237 fulfilling its duties under this chapter;
230238 (6) the commission's long-term goals for the advisory
231239 commission and the nonprofit organization's role in meeting those
232240 goals;
233241 (7) a system for evaluating the nonprofit
234242 organization's overall performance, including the organization's
235243 effectiveness in meeting the performance expectations described by
236244 Subdivision (3); and
237245 (8) the types of support, other than financial
238246 support, the commission will provide to the nonprofit organization
239247 to assist in the fulfillment of the advisory commission's duties.
240248 SECTION 2. Section 29.9072(c), Education Code, is amended
241249 to read as follows:
242250 (c) Holocaust Remembrance Week shall include
243251 age-appropriate instruction, as determined by each school
244252 district. Instruction shall include:
245253 (1) information about the history of and lessons
246254 learned from the Holocaust;
247255 (2) participation, in person or using technology, in
248256 learning projects about the Holocaust; and
249257 (3) the use of materials developed or approved by the
250258 Texas Holocaust, [and] Genocide, and Antisemitism Advisory
251259 Commission.
252260 SECTION 3. Chapter 449, Government Code, is repealed.
253261 SECTION 4. (a) As soon as practicable after the effective
254262 date of this Act, the governor shall appoint members to the vacant
255263 positions on the Texas Holocaust, Genocide, and Antisemitism
256264 Advisory Commission as provided by Chapter 448, Government Code, as
257265 added by this Act. To implement the staggering of terms of members
258266 of the advisory commission provided by Section 448.052, Government
259267 Code, as added by this Act, in making the first appointments to the
260268 advisory commission, the governor shall provide for three of the
261269 members to serve terms expiring February 1, 2023, three of the
262270 members to serve terms expiring February 1, 2025, and three of the
263271 members to serve terms expiring February 1, 2027. Subsequent
264272 appointments shall be for six-year terms, as provided by Section
265273 448.052, Government Code, as added by this Act.
266274 (b) Members who have served two terms under the former Texas
267275 Holocaust and Genocide Commission are not eligible for appointment
268276 under the Texas Holocaust, Genocide, and Antisemitism Advisory
269277 Commission.
270278 (c) Section 448.057, Government Code, as added by this Act,
271279 applies to a member of the Texas Holocaust, Genocide, and
272280 Antisemitism Advisory Commission appointed before, on, or after the
273281 effective date of this Act.
274282 SECTION 5. (a) Not later than December 1, 2022, the Texas
275283 Historical Commission and the Texas Holocaust, Genocide, and
276284 Antisemitism Advisory Commission shall provide a written report to
277285 the Sunset Advisory Commission on the progress of the Texas
278286 Historical Commission and the Texas Holocaust, Genocide, and
279287 Antisemitism Advisory Commission in implementing the changes in law
280288 made by this Act. The report must identify any obstacles or
281289 concerns encountered in implementing the changes.
282290 (b) All contracts and agreements of the former Texas
283291 Holocaust and Genocide Commission are continued in effect as
284292 contracts and agreements of the Texas Historical Commission.
285293 (c) The Texas Historical Commission shall coordinate with
286294 the Texas Holocaust, Genocide, and Antisemitism Advisory
287295 Commission and the Legislative Budget Board to propose goals,
288296 strategies, and performance measures for the advisory commission in
289297 the commission's legislative appropriations request for the state
290298 fiscal biennium ending August 31, 2025.
291299 SECTION 6. As soon as practicable after the effective date
292300 of this Act, the Texas Historical Commission shall perform an
293301 evaluation of the job titles and salaries of personnel employed by
294302 the commission to support the Texas Holocaust, Genocide, and
295303 Antisemitism Advisory Commission under Section 448.058, Government
296304 Code, as added by this Act, in order to ensure that the salaries and
297305 titles are commensurate with other commission employees with
298306 comparable duties.
299307 SECTION 7. This Act takes effect September 1, 2021.
300- ______________________________ ______________________________
301- President of the Senate Speaker of the House
302- I certify that H.B. No. 3257 was passed by the House on April
303- 21, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
304- voting.
305- ______________________________
306- Chief Clerk of the House
307- I certify that H.B. No. 3257 was passed by the Senate on May
308- 27, 2021, by the following vote: Yeas 31, Nays 0.
309- ______________________________
310- Secretary of the Senate
311- APPROVED: _____________________
312- Date
313- _____________________
314- Governor
308+ * * * * *