Texas 2021 - 87th Regular

Texas Senate Bill SB1636 Compare Versions

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

Old	New	Differences
1	1	87R8640 YDB-F
2	2	By: Miles S.B. No. 1636
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Texas African American Heritage
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 4, Government Code, is amended
11	11	by adding Chapter 451 to read as follows:
12	12	CHAPTER 451. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 451.001. PURPOSE. The purpose of the Texas African
15	15	American Heritage Commission is to identify, preserve, interpret,
16	16	and promote sites reflecting this state's African American
17	17	heritage.
18	18	Sec. 451.002. DEFINITION. In this chapter, "commission"
19	19	means the Texas African American Heritage Commission.
20	20	Sec. 451.003. SUNSET ACT. The Texas African American
21	21	Heritage Commission is subject to Chapter 325 (Texas Sunset Act).
22	22	Unless continued in existence as provided by that chapter, the
23	23	commission is abolished and this chapter expires September 1, 2033.
24	24	Sec. 451.004. ADMINISTRATIVE ATTACHMENT. (a) The
25	25	commission is administratively attached to the Texas Historical
26	26	Commission but is independent of direction by the Texas Historical
27	27	Commission.
28	28	(b) The Texas Historical Commission shall provide
29	29	administrative support services, including human resources,
30	30	budgetary, accounting, purchasing, payroll, information
31	31	technology, and legal support services to the commission as
32	32	necessary to carry out the purposes of this chapter.
33	33	Sec. 451.005. CONSULTATION; MEMORANDUM OF UNDERSTANDING.
34	34	(a) The Texas Historical Commission shall consult regularly with
35	35	the commission for recommendations on matters impacting the
36	36	preservation, identification, documentation, or representation of
37	37	sites related to African American heritage, including:
38	38	(1) applications for designating state historical
39	39	markers at sites where a claim is made regarding the site's
40	40	connection to African American heritage; and
41	41	(2) proposed projects submitted to the Texas
42	42	Historical Commission by a state agency for consultation under
43	43	Section 106, National Historic Preservation Act of 1966 (54 U.S.C.
44	44	Section 306108) in which a claim is made regarding the project
45	45	site's connection to African American heritage.
46	46	(b) The Texas Historical Commission shall enter into a
47	47	memorandum of understanding with the commission to coordinate
48	48	consultations under Subsection (a) and any other joint efforts of
49	49	both commissions.
50	50	SUBCHAPTER B. COMMISSION
51	51	Sec. 451.051. ESTABLISHMENT. The commission is established
52	52	to preserve, interpret, and promote sites reflecting this state's
53	53	African American heritage.
54	54	Sec. 451.052. COMMISSION MEMBERSHIP. (a) The commission
55	55	is composed of nine members as follows:
56	56	(1) seven members appointed by the Texas Legislative
57	57	Black Caucus;
58	58	(2) one member appointed by the president of Texas
59	59	Southern University; and
60	60	(3) one member appointed by the president of Prairie
61	61	View A&M University.
62	62	(b) Members of the commission must:
63	63	(1) have a demonstrated interest in the preservation
64	64	of African American heritage; and
65	65	(2) be residents of this state.
66	66	(c) Appointments to the commission shall be made to ensure
67	67	that:
68	68	(1) each geographic area of this state is represented
69	69	on the commission; and
70	70	(2) the commission includes:
71	71	(A) at least one member with significant
72	72	professional experience in the preservation of African American
73	73	heritage; and
74	74	(B) at least one member with significant
75	75	professional experience in African American history, genealogy, or
76	76	archeology.
77	77	Sec. 451.053. TERMS; VACANCY. (a) Members of the
78	78	commission shall be appointed to staggered six-year terms with the
79	79	terms of one-third of the members expiring February 1 of each
80	80	odd-numbered year.
81	81	(b) Members of the commission are eligible for
82	82	reappointment to another term or part of a term.
83	83	(c) A vacancy shall be filled in the same manner as the
84	84	original appointment. A member appointed to fill a vacancy on the
85	85	commission shall serve for the remainder of the term for which the
86	86	predecessor of the member was appointed.
87	87	Sec. 451.054. REIMBURSEMENT FOR EXPENSES. A member of the
88	88	commission serves without pay but is entitled to reimbursement for
89	89	the travel expenses incurred by the member in attending commission
90	90	meetings as provided by the General Appropriations Act.
91	91	Sec. 451.055. PRESIDING OFFICER; OTHER OFFICERS. The
92	92	members of the commission shall elect from among the commission's
93	93	members a presiding officer and other officers considered
94	94	necessary.
95	95	Sec. 451.056. REMOVAL. (a) It is a ground for removal from
96	96	the commission that the member:
97	97	(1) is ineligible for membership under Section
98	98	451.052(b);
99	99	(2) cannot because of illness or disability discharge
100	100	the member's duties for a substantial part of the term for which the
101	101	member is appointed; or
102	102	(3) is absent from more than half of the regularly
103	103	scheduled commission meetings that the member is eligible to attend
104	104	during a calendar year unless the absence is excused by majority
105	105	vote of the commission.
106	106	(b) The validity of an action of the commission is not
107	107	affected by the fact that it is taken when a ground for removal of a
108	108	commission member exists.
109	109	Sec. 451.057. COMMISSION MEETINGS; QUORUM; PUBLIC
110	110	PARTICIPATION. (a) The commission shall meet at least three times
111	111	each year at the times and places in this state that the commission
112	112	designates.
113	113	(b) Five members of the commission constitute a quorum for
114	114	transacting commission business.
115	115	(c) The commission shall develop and implement policies
116	116	that provide the public with a reasonable opportunity to appear
117	117	before the commission and speak on any issue under the jurisdiction
118	118	of the commission.
119	119	Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The Texas
120	120	Historical Commission shall provide one employee to serve as the
121	121	executive director for the commission to transact commission
122	122	business.
123	123	(b) The Texas Historical Commission may provide additional
124	124	staff and may support functions and activities of the commission
125	125	from money available to the Texas Historical Commission that may be
126	126	used for this purpose.
127	127	SUBCHAPTER C. DUTIES AND FUNDING
128	128	Sec. 451.101. GENERAL DUTIES. The commission may:
129	129	(1) promote public awareness of historic buildings,
130	130	sites, and structures reflecting this state's African American
131	131	heritage through special programs and events, exhibitions,
132	132	publications, and educational materials;
133	133	(2) support African American heritage education at the
134	134	elementary, secondary, and college or university levels;
135	135	(3) develop a program to catalog, preserve, assess,
136	136	and interpret sites reflecting this state's African American
137	137	heritage;
138	138	(4) build a statewide network of individuals,
139	139	organizations, and institutions interested in the preservation of
140	140	sites reflecting this state's African American heritage;
141	141	(5) make recommendations to the Texas Historical
142	142	Commission and county historical commissions regarding the
143	143	preservation of sites reflecting the state's African American
144	144	heritage, including recommendations regarding the installation of
145	145	markers recognizing districts, sites, individuals, events,
146	146	structures, and objects significant to African American history,
147	147	archeology, or culture;
148	148	(6) make recommendations to state agencies and local
149	149	governmental entities regarding policies and programs to promote
150	150	the preservation of sites reflecting this state's African American
151	151	heritage;
152	152	(7) appoint advisory committees as the commission
153	153	considers necessary to carry out this chapter;
154	154	(8) provide technical assistance to local governments
155	155	and nonprofit organizations to further the study and preservation
156	156	of African American heritage; and
157	157	(9) promote collaboration among local African
158	158	American heritage organizations in this state and provide support
159	159	and services to those organizations.
160	160	Sec. 451.102. ADVISORY STATUS. (a) In implementing its
161	161	duties under this chapter, the commission functions only in an
162	162	advisory capacity. Membership on the commission does not
163	163	constitute a public office.
164	164	(b) Chapter 2110 does not apply to the commission.
165	165	Sec. 451.103. FUNDING. (a) The commission may accept
166	166	gifts, grants, or donations or raise money from any available
167	167	public or private source for the commission to use in performing the
168	168	commission's duties under this chapter.
169	169	(b) The legislature may specifically appropriate money to
170	170	the Texas Historical Commission to provide staff and to otherwise
171	171	support functions and activities of the commission, or appropriate
172	172	money directly to the commission.
173	173	(c) The commission may participate in the establishment and
174	174	operation of an affiliated nonprofit organization dedicated to
175	175	raising money for or providing services or other benefits to the
176	176	commission.
177	177	Sec. 451.104. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
178	178	ACCOUNT. (a) The Texas African American Heritage Commission
179	179	account is created as an account in the general revenue fund. The
180	180	Texas Historical Commission shall administer the account.
181	181	Distributions from the account may be used only for furthering the
182	182	purposes of this chapter and duties of the commission under this
183	183	chapter. The account is composed of:
184	184	(1) amounts appropriated by the legislature to the
185	185	account; and
186	186	(2) gifts, grants, and other donations received by the
187	187	commission for the account.
188	188	SECTION 2. (a) Not later than January 1, 2022, the Texas
189	189	Legislative Black Caucus, the president of Texas Southern
190	190	University, and the president of Prairie View A&M University shall
191	191	appoint members to the Texas African American Heritage Commission
192	192	as provided by Chapter 451, Government Code, as added by this Act.
193	193	(b) In appointing the initial members of the commission, the
194	194	officials described by Subsection (a) of this section shall
195	195	appoint:
196	196	(1) three members to serve terms expiring February 1,
197	197	2023;
198	198	(2) three members to serve terms expiring February 1,
199	199	2025; and
200	200	(3) three members to serve terms expiring February 1,
201	201	2027.
202	202	SECTION 3. This Act takes effect September 1, 2021.