H.B. No. 3257
AN ACT
relating to the creation of the Texas Holocaust, Genocide, and
Antisemitism Advisory 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 448 to read as follows:
CHAPTER 448. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY
COMMISSION
SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS
Sec. 448.001. DEFINITIONS. In this chapter:
(1) "Advisory commission" means the Texas Holocaust,
Genocide, and Antisemitism Advisory Commission.
(2) "Antisemitism" means a certain perception of Jews
that may be expressed as hatred toward Jews. The term includes
rhetorical and physical acts of antisemitism directed toward Jewish
or non-Jewish individuals or their property or toward Jewish
community institutions and religious facilities. Examples of
antisemitism are included with the International Holocaust
Remembrance Alliance's "Working Definition of Antisemitism"
adopted on May 26, 2016.
(3) "Commission" means the Texas Historical
Commission.
(4) "Genocide" means any of the following acts
committed with intent to wholly or partly destroy a national,
ethnic, racial, or religious group:
(A) killing members of the group;
(B) causing serious bodily or mental harm to
members of the group;
(C) deliberately inflicting on the group
conditions of life calculated to wholly or partly cause the group's
physical destruction;
(D) imposing measures intended to prevent births
within the group; or
(E) forcibly transferring children of the group
to another group.
(5) "Holocaust" means the killing of approximately six
million Jews and millions of other persons during World War II by
the National Socialist German Workers' Party (Nazis) and Nazi
collaborators as part of a state-sponsored, systematic program of
genocide and other acts of persecution, discrimination, violence,
or other human rights violations committed by the Nazis and Nazi
collaborators against those persons.
Sec. 448.002. SUNSET REVIEW. The advisory commission shall
be reviewed during the period in which the Texas Historical
Commission is reviewed under Chapter 325.
Sec. 448.003. ADVISORY COMMISSION. The Texas Holocaust,
Genocide, and Antisemitism Advisory Commission is established as an
advisory commission to the commission.
SUBCHAPTER B. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY
COMMISSION
Sec. 448.051. COMPOSITION OF ADVISORY COMMISSION. (a) The
governor shall appoint nine members to the advisory commission.
(b) A member of the advisory commission must be a resident
of this state.
(c) The advisory commission must include members who:
(1) have demonstrated a significant interest in and
are knowledgeable about issues in the Jewish community and
antisemitism;
(2) 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 antisemitism, the Holocaust, or other
genocides;
(3) have significant professional experience in the
field of Holocaust or genocide education;
(4) represent liberators of Holocaust or other
genocide victims; or
(5) have demonstrated a significant, particular
interest in Holocaust or genocide education.
(d) The governor shall fill any vacancy in a position on the
advisory commission for the unexpired portion of the term.
Sec. 448.052. TERMS. (a) Advisory commission members
serve staggered six-year terms with the terms of three members
expiring February 1 of each odd-numbered year.
(b) An advisory commission member is eligible for
reappointment to another term or part of a term.
(c) An advisory commission member may not serve more than
two consecutive terms. For purposes of this subsection, a member is
considered to have served a term only if the member served two or
more years of the member's term.
Sec. 448.053. PRESIDING OFFICER. The governor shall
designate a member of the advisory commission as presiding officer
of the advisory commission to serve in that capacity at the pleasure
of the governor.
Sec. 448.054. SUBCOMMITTEES. The presiding officer of the
advisory commission may appoint a subcommittee for any purpose
consistent with the duties of the advisory commission under this
chapter.
Sec. 448.055. COMPENSATION; EXPENSES. A member of the
advisory commission is not entitled to compensation but is entitled
to reimbursement for the travel expenses incurred by the member
while transacting advisory commission business, as provided by the
General Appropriations Act.
Sec. 448.056. MEETINGS; QUORUM; PUBLIC ACCESS. (a) The
advisory commission shall meet at least quarterly at the times and
places in this state the commission designates.
(b) Five voting members of the advisory commission
constitute a quorum for transacting advisory commission business.
(c) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the advisory commission and speak on any issue under the
jurisdiction of the advisory commission.
Sec. 448.057. TRAINING. Each member of the advisory
commission 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 commission
members;
(2) the functions of the advisory commission; and
(3) the commission's oversight of the advisory
commission.
Sec. 448.058. PERSONNEL. The commission shall:
(1) hire personnel as necessary to support the
advisory commission 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 commission as necessary.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND ADVISORY
COMMISSION; FUNDING
Sec. 448.101. DUTIES OF ADVISORY COMMISSION. (a) The
advisory commission, under direction of the commission, shall:
(1) conduct a study on antisemitism in this state and
submit a report on the results of the study to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each member of the legislature not later than November 1 of each
even-numbered year;
(2) provide advice and assistance to public and
private primary and secondary schools and institutions of higher
education in this state regarding methods of combating antisemitism
and implementation of Holocaust and genocide courses of study and
awareness programs;
(3) meet with appropriate representatives of public
and private organizations, including service organizations, to
provide information on and to assist in planning, coordinating, or
modifying antisemitism awareness programs and 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;
(5) annually 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 commission for that purpose;
(6) solicit volunteers to participate in
commemorative events designed to enhance public awareness of the
fight against antisemitism and continuing significance of the
Holocaust and other genocides;
(7) collaborate with appropriate groups to support
efforts to recognize International Holocaust Remembrance Day; and
(8) make recommendations as to whether International
Holocaust Remembrance Day shall be a state holiday.
(b) In implementing Subsection (a), the advisory
commission, under direction of the commission, may contact and
cooperate with:
(1) existing public or private antisemitism,
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 perform this state's
educational functions as delegated under the Education Code,
including the Texas Education Agency and the Texas Higher Education
Coordinating Board;
(4) the Texas Veterans Commission; and
(5) members of the United States Congress and of the
legislature of this state.
(c) The commission may provide matching grants to assist in
the implementation of the advisory commission's goals and
objectives.
(d) Chapter 2110 does not apply to the advisory commission.
Sec. 448.102. COMMISSION POWERS AND DUTIES. (a) The
commission shall adopt rules as necessary governing the operation
of the advisory commission. The rules may include the delegation of
certain final decisions and authorities to the advisory commission
that are appropriate given the advisory commission's advisory
status.
(b) The commission, in coordination with the advisory
commission, shall adopt rules, policies, and procedures for the
matching grants program established to assist in the implementation
of the 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.
Sec. 448.103. FUNDING. (a) The commission may accept gifts
and grants from a public or private source on behalf of the advisory
commission for the advisory commission to use in performing the
duties assigned to the advisory commission under this chapter.
(b) All legislative appropriations to support the functions
and activities of the advisory commission shall be made as part of
the commission's legislative appropriations request process and
disbursed to the commission.
Sec. 448.104. COMMISSION REPORT; AUDITS. (a) The
commission shall include the activities of the advisory commission
as authorized by Section 448.101 in the report the commission is
required to submit under Section 442.005(n).
(b) The advisory commission is subject to audit and
evaluation by the commission or another appropriate state agency,
including the state auditor's office.
Sec. 448.105. CONTRACTS WITH NONPROFIT ORGANIZATIONS. (a)
The commission may contract with one or more nonprofit
organizations to assist in fulfilling the advisory commission's
duties under this chapter.
(b) The commission shall adopt rules relating to contracts
entered into under this section. The rules must require each
contract to clearly establish:
(1) the role of the nonprofit organization in
assisting the advisory commission in fulfilling its duties under
this chapter;
(2) the nature of the relationship between the
commission and the nonprofit organization;
(3) the performance expectations for the nonprofit
organization;
(4) requirements and expectations regarding the
nonprofit organization's employees;
(5) the commission's expectations regarding ownership
of any literature, media, or other products developed or produced
by the nonprofit organization to assist the advisory commission in
fulfilling its duties under this chapter;
(6) the commission's long-term goals for the advisory
commission and the nonprofit organization's role in meeting those
goals;
(7) a system for evaluating the nonprofit
organization's overall performance, including the organization's
effectiveness in meeting the performance expectations described by
Subdivision (3); and
(8) the types of support, other than financial
support, the commission will provide to the nonprofit organization
to assist in the fulfillment of the advisory commission's duties.
SECTION 2. 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, and Antisemitism Advisory
Commission.
SECTION 3. Chapter 449, Government Code, is repealed.
SECTION 4. (a) As soon as practicable after the effective
date of this Act, the governor shall appoint members to the vacant
positions on the Texas Holocaust, Genocide, and Antisemitism
Advisory Commission as provided by Chapter 448, Government Code, as
added by this Act. To implement the staggering of terms of members
of the advisory commission provided by Section 448.052, Government
Code, as added by this Act, in making the first appointments to the
advisory commission, the governor shall provide for three of the
members to serve terms expiring February 1, 2023, three of the
members to serve terms expiring February 1, 2025, and three of the
members to serve terms expiring February 1, 2027. Subsequent
appointments shall be for six-year terms, as provided by Section
448.052, Government Code, as added by this Act.
(b) Members who have served two terms under the former Texas
Holocaust and Genocide Commission are not eligible for appointment
under the Texas Holocaust, Genocide, and Antisemitism Advisory
Commission.
(c) Section 448.057, Government Code, as added by this Act,
applies to a member of the Texas Holocaust, Genocide, and
Antisemitism Advisory Commission appointed before, on, or after the
effective date of this Act.
SECTION 5. (a) Not later than December 1, 2022, the Texas
Historical Commission and the Texas Holocaust, Genocide, and
Antisemitism Advisory Commission shall provide a written report to
the Sunset Advisory Commission on the progress of the Texas
Historical Commission and the Texas Holocaust, Genocide, and
Antisemitism Advisory Commission in implementing the changes in law
made by this Act. The report must identify any obstacles or
concerns encountered in implementing the changes.
(b) All contracts and agreements of the former Texas
Holocaust and Genocide Commission are continued in effect as
contracts and agreements of the Texas Historical Commission.
(c) The Texas Historical Commission shall coordinate with
the Texas Holocaust, Genocide, and Antisemitism Advisory
Commission and the Legislative Budget Board to propose goals,
strategies, and performance measures for the advisory commission in
the commission's legislative appropriations request for the state
fiscal biennium ending August 31, 2025.
SECTION 6. 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, Genocide, and
Antisemitism Advisory Commission under Section 448.058, Government
Code, as added by this Act, in order to ensure that the salaries and
titles are commensurate with other commission employees with
comparable duties.
SECTION 7. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3257 was passed by the House on April
21, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3257 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor