Texas 2021 - 87th Regular

Texas House Bill HB4553 Compare Versions

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1	1	By: Guillen H.B. No. 4553
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Texas Hispanic Heritage Commission.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle D, Title 4, Government Code, is amended
9	9	by adding Chapter 451 to read as follows:
10	10	CHAPTER 451. TEXAS HISPANIC HERITAGE COMMISSION
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 451.001. PURPOSE. The purpose of the Texas Hispanic
13	13	Heritage Commission is to identify and preserve sites reflecting
14	14	this state's Hispanic heritage as well as investigate wrongdoings
15	15	by the state and their impacts on historical landowners who owned
16	16	grants which emanated from the government of Spain or that of Mexico
17	17	and recommend any possible remedy for the resulted loss of
18	18	property.
19	19	Sec. 451.002. DEFINITION. In this chapter, "commission"
20	20	means the Texas Hispanic Heritage Commission.
21	21	Sec. 451.003. SUNSET ACT. The Texas Hispanic Heritage
22	22	Commission is subject to Chapter 325 (Texas Sunset Act). Unless
23	23	continued in existence as provided by that chapter, the commission
24	24	is abolished and this chapter expires September 1, 2033.
25	25	Sec. 451.004. ADMINISTRATIVE ATTACHMENT. (a) The
26	26	commission is administratively attached to the Texas Historical
27	27	Commission but is independent of direction by the Texas Historical
28	28	Commission.
29	29	(b) The Texas Historical Commission shall provide
30	30	administrative support services, including human resources,
31	31	budgetary, accounting, purchasing, payroll, information
32	32	technology, and legal support services to the commission as
33	33	necessary to carry out the purposes of this chapter.
34	34	Sec. 451.005. CONSULTATION; MEMORANDUM OF UNDERSTANDING.
35	35	(a) The Texas Historical Commission shall consult regularly with
36	36	the commission for recommendations on matters impacting the
37	37	preservation, identification, documentation, or representation of
38	38	sites related to Hispanic heritage, including:
39	39	(1) applications for designating state historical
40	40	markers at sites where a claim is made regarding the site's
41	41	connection to Hispanic heritage; and
42	42	(b) The Texas Historical Commission shall enter into a
43	43	memorandum of understanding with the commission to coordinate
44	44	consultations under Subsection (a) and any other joint efforts of
45	45	both commissions.
46	46	SUBCHAPTER B. COMMISSION
47	47	Sec. 451.051. ESTABLISHMENT. The commission is established
48	48	to identify and preserve sites reflecting this state's Hispanic
49	49	heritage as well as investigate wrongdoings by the state and their
50	50	impacts on historical landowners who owned grants which emanated
51	51	from the government of Spain or that of Mexico and recommend any
52	52	possible remedy for the resulted loss of property.
53	53	Sec. 451.052. COMMISSION MEMBERSHIP. (a) The commission
54	54	is composed of nine members as follows:
55	55	(1) seven members appointed by the Texas Mexican
56	56	American Legislative Caucus;
57	57	(2) one member appointed by the president of
58	58	University of Texas Rio Grande Valley; and
59	59	(3) one member appointed by the president of
60	60	University of Texas at El Paso.
61	61	(b) Members of the commission must:
62	62	(1) have a demonstrated interest in the preservation
63	63	of Hispanic heritage; and
64	64	(2) be residents of this state.
65	65	(c) Appointments to the commission shall be made to ensure
66	66	that:
67	67	(1) each geographic area of this state is represented
68	68	on the commission; and
69	69	(2) the commission includes:
70	70	(A) at least one member with significant
71	71	professional experience in the preservation of Hispanic heritage;
72	72	and
73	73	(B) at least one member with significant
74	74	professional experience in Hispanic history, genealogy, or
75	75	archeology.
76	76	Sec. 451.053. TERMS; VACANCY. (a) Members of the
77	77	commission shall be appointed to staggered six-year terms with the
78	78	terms of one-third of the members expiring February 1 of each
79	79	odd-numbered year.
80	80	(b) Members of the commission are eligible for
81	81	reappointment to another term or part of a term.
82	82	(c) A vacancy shall be filled in the same manner as the
83	83	original appointment. A member appointed to fill a vacancy on the
84	84	commission shall serve for the remainder of the term for which the
85	85	predecessor of the member was appointed.
86	86	Sec. 451.054. REIMBURSEMENT FOR EXPENSES. A member of the
87	87	commission serves without pay but is entitled to reimbursement for
88	88	the travel expenses incurred by the member in attending commission
89	89	meetings as provided by the General Appropriations Act.
90	90	Sec. 451.055. PRESIDING OFFICER; OTHER OFFICERS. The
91	91	members of the commission shall elect from among the commission's
92	92	members a presiding officer and other officers considered
93	93	necessary.
94	94	Sec. 451.056. REMOVAL. (a) It is a ground for removal from
95	95	the commission that the member:
96	96	(1) is ineligible for membership under Section
97	97	451.052(b);
98	98	(2) cannot because of illness or disability discharge
99	99	the member's duties for a substantial part of the term for which the
100	100	member is appointed; or
101	101	(3) is absent from more than half of the regularly
102	102	scheduled commission meetings that the member is eligible to attend
103	103	during a calendar year unless the absence is excused by majority
104	104	vote of the commission.
105	105	(b) The validity of an action of the commission is not
106	106	affected by the fact that it is taken when a ground for removal of a
107	107	commission member exists.
108	108	Sec. 451.057. COMMISSION MEETINGS; QUORUM; PUBLIC
109	109	PARTICIPATION. (a) The commission shall meet at least three times
110	110	each year at the times and places in this state that the commission
111	111	designates.
112	112	(b) Five members of the commission constitute a quorum for
113	113	transacting commission business.
114	114	(c) The commission shall develop and implement policies
115	115	that provide the public with a reasonable opportunity to appear
116	116	before the commission and speak on any issue under the jurisdiction
117	117	of the commission.
118	118	Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The Texas
119	119	Historical Commission shall provide one employee to serve as the
120	120	executive director for the commission to transact commission
121	121	business.
122	122	(b) The Texas Historical Commission may provide additional
123	123	staff and may support functions and activities of the commission
124	124	from money available to the Texas Historical Commission that may be
125	125	used for this purpose.
126	126	SUBCHAPTER C. DUTIES AND FUNDING
127	127	Sec. 451.101. GENERAL DUTIES. The commission may:
128	128	(1) promote public awareness of historic buildings,
129	129	sites, and structures reflecting this state's Hispanic heritage
130	130	through special programs and events, exhibitions, publications,
131	131	and educational materials;
132	132	(2) develop a program to catalog, preserve, assess,
133	133	and interpret sites reflecting this state's Hispanic heritage;
134	134	(3) build a statewide network of individuals,
135	135	organizations, and institutions interested in the preservation of
136	136	sites reflecting this state's Hispanic heritage;
137	137	(4) make recommendations to the Texas Historical
138	138	Commission and county historical commissions regarding the
139	139	preservation of sites reflecting the state's Hispanic heritage,
140	140	including recommendations regarding the installation of markers
141	141	recognizing districts, sites, individuals, events, structures, and
142	142	objects significant to Hispanic history, archeology, or culture;
143	143	(5) make recommendations to state agencies and local
144	144	governmental entities regarding wrongdoings by the state and their
145	145	impacts on historical landowners who owned grants which emanated
146	146	from the government of Spain or that of Mexico and recommend any
147	147	possible remedy for the resulted loss of property;
148	148	(6) appoint advisory committees as the commission
149	149	considers necessary to carry out this chapter;
150	150	(7) investigate wrongdoings by the state and their
151	151	impacts on historical landowners who owned grants which emanated
152	152	from the government of Spain or that of Mexico and recommend any
153	153	possible remedy for the resulted loss of property.
154	154	Sec. 451.102. ADVISORY STATUS. (a) In implementing its
155	155	duties under this chapter, the commission functions only in an
156	156	advisory capacity. Membership on the commission does not
157	157	constitute a public office.
158	158	(b) Chapter 2110 does not apply to the commission.
159	159	Sec. 451.103. FUNDING. (a) The commission may accept
160	160	gifts, grants, or donations or raise money from any available
161	161	public or private source for the commission to use in performing the
162	162	commission's duties under this chapter.
163	163	(b) The legislature may specifically appropriate money to
164	164	the Texas Historical Commission to provide staff and to otherwise
165	165	support functions and activities of the commission, or appropriate
166	166	money directly to the commission.
167	167	(c) The commission may participate in the establishment and
168	168	operation of an affiliated nonprofit organization dedicated to
169	169	raising money for or providing services or other benefits to the
170	170	commission.
171	171	Sec. 451.104. TEXAS HISPANIC HERITAGE COMMISSION ACCOUNT.
172	172	(a) The Texas Hispanic Heritage Commission account is created as an
173	173	account in the general revenue fund. The Texas Historical
174	174	Commission shall administer the account. Distributions from the
175	175	account may be used only for furthering the purposes of this chapter
176	176	and duties of the commission under this chapter. The account is
177	177	composed of:
178	178	(1) amounts appropriated by the legislature to the
179	179	account; and
180	180	(2) gifts, grants, and other donations received by the
181	181	commission for the account.
182	182	SECTION 2. (a) Not later than January 1, 2022, the Texas
183	183	Legislative Mexican American Legislative Caucus, the president of
184	184	University of Texas Rio Grande Valley, and the president of
185	185	University of Texas of at El Paso shall appoint members to the Texas
186	186	Hispanic Heritage Commission as provided by Chapter 451, Government
187	187	Code, as added by this Act.
188	188	(b) In appointing the initial members of the commission, the
189	189	officials described by Subsection (a) of this section shall
190	190	appoint:
191	191	(1) three members to serve terms expiring February 1,
192	192	2023;
193	193	(2) three members to serve terms expiring February 1,
194	194	2025; and
195	195	(3) three members to serve terms expiring February 1,
196	196	2027.
197	197	SECTION 3. REPORT ON RESULTING PROPERTY LOSS. Not later
198	198	than January 1, 2023, the commission shall provide to the governor,
199	199	lieutenant governor, and speaker of the house of representatives a
200	200	final report on any wrongdoings by the state and their impacts on
201	201	historical landowners who owned grants which emanated from the
202	202	government of Spain or that of Mexico.
203	203	The final report must include:
204	204	(1) recommendations for any possible remedy for the
205	205	resulted loss of property;
206	206	(2) proposed legislation necessary to implement the
207	207	recommendations made in the final report;
208	208	(3) any administrative recommendations proposed by
209	209	the commission; and
210	210	(4) a complete explanation of each of the commission's
211	211	recommendations.
212	212	SECTION 4. This Act takes effect September 1, 2021.