87R8640 YDB-F
By: Miles S.B. No. 1636
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas African American Heritage
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 451 to read as follows:
CHAPTER 451. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 451.001. PURPOSE. The purpose of the Texas African
American Heritage Commission is to identify, preserve, interpret,
and promote sites reflecting this state's African American
heritage.
Sec. 451.002. DEFINITION. In this chapter, "commission"
means the Texas African American Heritage Commission.
Sec. 451.003. SUNSET ACT. The Texas African American
Heritage Commission is subject to Chapter 325 (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1, 2033.
Sec. 451.004. ADMINISTRATIVE ATTACHMENT. (a) The
commission is administratively attached to the Texas Historical
Commission but is independent of direction by the Texas Historical
Commission.
(b) The Texas Historical Commission shall provide
administrative support services, including human resources,
budgetary, accounting, purchasing, payroll, information
technology, and legal support services to the commission as
necessary to carry out the purposes of this chapter.
Sec. 451.005. CONSULTATION; MEMORANDUM OF UNDERSTANDING.
(a) The Texas Historical Commission shall consult regularly with
the commission for recommendations on matters impacting the
preservation, identification, documentation, or representation of
sites related to African American heritage, including:
(1) applications for designating state historical
markers at sites where a claim is made regarding the site's
connection to African American heritage; and
(2) proposed projects submitted to the Texas
Historical Commission by a state agency for consultation under
Section 106, National Historic Preservation Act of 1966 (54 U.S.C.
Section 306108) in which a claim is made regarding the project
site's connection to African American heritage.
(b) The Texas Historical Commission shall enter into a
memorandum of understanding with the commission to coordinate
consultations under Subsection (a) and any other joint efforts of
both commissions.
SUBCHAPTER B. COMMISSION
Sec. 451.051. ESTABLISHMENT. The commission is established
to preserve, interpret, and promote sites reflecting this state's
African American heritage.
Sec. 451.052. COMMISSION MEMBERSHIP. (a) The commission
is composed of nine members as follows:
(1) seven members appointed by the Texas Legislative
Black Caucus;
(2) one member appointed by the president of Texas
Southern University; and
(3) one member appointed by the president of Prairie
View A&M University.
(b) Members of the commission must:
(1) have a demonstrated interest in the preservation
of African American heritage; and
(2) be residents of this state.
(c) Appointments to the commission shall be made to ensure
that:
(1) each geographic area of this state is represented
on the commission; and
(2) the commission includes:
(A) at least one member with significant
professional experience in the preservation of African American
heritage; and
(B) at least one member with significant
professional experience in African American history, genealogy, or
archeology.
Sec. 451.053. TERMS; VACANCY. (a) Members of the
commission shall be appointed to staggered six-year terms with the
terms of one-third of the members expiring February 1 of each
odd-numbered year.
(b) Members of the commission are eligible for
reappointment to another term or part of a term.
(c) A vacancy shall be filled in the same manner as the
original appointment. A member appointed to fill a vacancy on the
commission shall serve for the remainder of the term for which the
predecessor of the member was appointed.
Sec. 451.054. REIMBURSEMENT FOR EXPENSES. A member of the
commission serves without pay but is entitled to reimbursement for
the travel expenses incurred by the member in attending commission
meetings as provided by the General Appropriations Act.
Sec. 451.055. PRESIDING OFFICER; OTHER OFFICERS. The
members of the commission shall elect from among the commission's
members a presiding officer and other officers considered
necessary.
Sec. 451.056. REMOVAL. (a) It is a ground for removal from
the commission that the member:
(1) is ineligible for membership under Section
451.052(b);
(2) cannot because of illness or disability discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(3) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
Sec. 451.057. COMMISSION MEETINGS; QUORUM; PUBLIC
PARTICIPATION. (a) The commission shall meet at least three times
each year at the times and places in this state that the commission
designates.
(b) Five members of the commission constitute a quorum for
transacting commission business.
(c) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the commission and speak on any issue under the jurisdiction
of the commission.
Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The Texas
Historical Commission shall provide one employee to serve as the
executive director for the commission to transact commission
business.
(b) The Texas Historical Commission may provide additional
staff and may support functions and activities of the commission
from money available to the Texas Historical Commission that may be
used for this purpose.
SUBCHAPTER C. DUTIES AND FUNDING
Sec. 451.101. GENERAL DUTIES. The commission may:
(1) promote public awareness of historic buildings,
sites, and structures reflecting this state's African American
heritage through special programs and events, exhibitions,
publications, and educational materials;
(2) support African American heritage education at the
elementary, secondary, and college or university levels;
(3) develop a program to catalog, preserve, assess,
and interpret sites reflecting this state's African American
heritage;
(4) build a statewide network of individuals,
organizations, and institutions interested in the preservation of
sites reflecting this state's African American heritage;
(5) make recommendations to the Texas Historical
Commission and county historical commissions regarding the
preservation of sites reflecting the state's African American
heritage, including recommendations regarding the installation of
markers recognizing districts, sites, individuals, events,
structures, and objects significant to African American history,
archeology, or culture;
(6) make recommendations to state agencies and local
governmental entities regarding policies and programs to promote
the preservation of sites reflecting this state's African American
heritage;
(7) appoint advisory committees as the commission
considers necessary to carry out this chapter;
(8) provide technical assistance to local governments
and nonprofit organizations to further the study and preservation
of African American heritage; and
(9) promote collaboration among local African
American heritage organizations in this state and provide support
and services to those organizations.
Sec. 451.102. ADVISORY STATUS. (a) In implementing its
duties under this chapter, the commission functions only in an
advisory capacity. Membership on the commission does not
constitute a public office.
(b) Chapter 2110 does not apply to the commission.
Sec. 451.103. FUNDING. (a) The commission may accept
gifts, grants, or donations or raise money from any available
public or private source for the commission to use in performing the
commission's duties under this chapter.
(b) The legislature may specifically appropriate money to
the Texas Historical Commission to provide staff and to otherwise
support functions and activities of the commission, or appropriate
money directly to the commission.
(c) The commission may participate in the establishment and
operation of an affiliated nonprofit organization dedicated to
raising money for or providing services or other benefits to the
commission.
Sec. 451.104. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
ACCOUNT. (a) The Texas African American Heritage Commission
account is created as an account in the general revenue fund. The
Texas Historical Commission shall administer the account.
Distributions from the account may be used only for furthering the
purposes of this chapter and duties of the commission under this
chapter. The account is composed of:
(1) amounts appropriated by the legislature to the
account; and
(2) gifts, grants, and other donations received by the
commission for the account.
SECTION 2. (a) Not later than January 1, 2022, the Texas
Legislative Black Caucus, the president of Texas Southern
University, and the president of Prairie View A&M University shall
appoint members to the Texas African American Heritage Commission
as provided by Chapter 451, Government Code, as added by this Act.
(b) In appointing the initial members of the commission, the
officials described by Subsection (a) of this section shall
appoint:
(1) three members to serve terms expiring February 1,
2023;
(2) three members to serve terms expiring February 1,
2025; and
(3) three members to serve terms expiring February 1,
2027.
SECTION 3. This Act takes effect September 1, 2021.