| 1 | 1 | | 88R4048 CXP-D |
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| 2 | 2 | | By: Dutton H.B. No. 2580 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to establishing a state historical marker program to honor |
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| 8 | 8 | | African Americans who served in the Texas Legislature during |
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| 9 | 9 | | Reconstruction. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. This Act shall be known as the Texas Black |
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| 12 | 12 | | Reconstruction Legislators Recognition Act. |
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| 13 | 13 | | SECTION 2. Subchapter A, Chapter 442, Government Code, is |
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| 14 | 14 | | amended by adding Section 442.0061 to read as follows: |
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| 15 | 15 | | Sec. 442.0061. STATE HISTORICAL MARKER PROGRAM TO HONOR |
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| 16 | 16 | | AFRICAN AMERICAN LEGISLATORS. (a) The commission shall establish |
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| 17 | 17 | | and administer a state historical marker program to honor African |
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| 18 | 18 | | Americans who served in the Texas Legislature between 1870 and |
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| 19 | 19 | | 1875, during the 12th, 13th, or 14th Legislative Session. |
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| 20 | 20 | | (b) Except as provided by Subsection (c), the commission |
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| 21 | 21 | | shall install a historical marker at or as near as practicable to |
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| 22 | 22 | | the grave of each former member of the Texas Legislature described |
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| 23 | 23 | | by Subsection (a) in consultation with the: |
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| 24 | 24 | | (1) county historical commission established under |
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| 25 | 25 | | Chapter 318, Local Government Code, for the county in which the |
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| 26 | 26 | | grave is located; and |
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| 27 | 27 | | (2) cemetery association or other entity that manages |
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| 28 | 28 | | the cemetery in which the grave is located. |
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| 29 | 29 | | (c) If the former member's place of burial is unknown or the |
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| 30 | 30 | | commission determines that placement of a historical marker at the |
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| 31 | 31 | | former member's place of burial is inappropriate, the commission, |
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| 32 | 32 | | in consultation with the county historical commission established |
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| 33 | 33 | | under Chapter 318, Local Government Code, for each county |
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| 34 | 34 | | represented by the former member, shall install a historical marker |
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| 35 | 35 | | at an appropriate place within the boundaries of the counties |
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| 36 | 36 | | represented by the former member. |
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| 37 | 37 | | (d) Historical markers installed under this section must: |
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| 38 | 38 | | (1) have the same form, dimensions, and illustrations |
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| 39 | 39 | | as a large Official Texas Historical Marker described by Section |
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| 40 | 40 | | 442.006(c) except that the markers must also include the state seal |
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| 41 | 41 | | at the bottom of the markers; and |
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| 42 | 42 | | (2) include text that reads: |
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| 43 | 43 | | "FOLLOWING THE AMERICAN CIVIL WAR AND EMANCIPATION OF SLAVES |
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| 44 | 44 | | IN 1865, IT WAS NOT UNTIL 1871 THAT AFRICAN AMERICANS IN TEXAS WERE |
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| 45 | 45 | | ABLE TO UNIFORMLY REGISTER TO VOTE, FOLLOWING THE RATIFICATION OF |
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| 46 | 46 | | THE 15TH AMENDMENT TO THE U.S. CONSTITUTION. |
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| 47 | 47 | | "WHILE AFRICAN AMERICANS SERVED AS DELEGATES TO STATE |
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| 48 | 48 | | CONSTITUTIONAL CONVENTIONS PRIOR TO 1870, THE FIRST AFRICAN |
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| 49 | 49 | | AMERICANS ELECTED TO SERVE IN THE TEXAS LEGISLATURE WERE ELECTED TO |
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| 50 | 50 | | THE 12TH LEGISLATURE, WHICH CONVENED IN PROVISIONAL SESSION ON |
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| 51 | 51 | | FEBRUARY 8, 1870. |
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| 52 | 52 | | "PRIOR TO THE END OF FEDERAL RECONSTRUCTION IN 1870, TWELVE |
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| 53 | 53 | | AFRICAN AMERICANS SERVED IN THE TEXAS HOUSE OF REPRESENTATIVES, AND |
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| 54 | 54 | | TWO SERVED IN THE TEXAS SENATE. |
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| 55 | 55 | | "THIS MARKER IS ERECTED IN HONOR OF: |
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| 56 | 56 | | "(FIRST NAME, MIDDLE INITIAL, AND SURNAME OF THE FORMER |
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| 57 | 57 | | MEMBER) (THE CHAMBER OF THE LEGISLATURE IN WHICH THE FORMER |
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| 58 | 58 | | MEMBER SERVED AND THE LEGISLATURE DURING WHICH THE FORMER MEMBER |
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| 59 | 59 | | SERVED) (THE FORMER MEMBER'S DATE OF BIRTH OR "UNKNOWN," AS |
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| 60 | 60 | | APPLICABLE) (THE FORMER MEMBER'S DATE OF DEATH) (EACH COUNTY |
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| 61 | 61 | | REPRESENTED BY THE FORMER MEMBER) |
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| 62 | 62 | | "ERECTED BY THE 88TH TEXAS LEGISLATURE AND THE TEXAS |
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| 63 | 63 | | HISTORICAL COMMISSION AS AUTHORIZED BY (NUMBER OF THE BILL PASSED |
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| 64 | 64 | | BY THE 88TH LEGISLATURE AUTHORIZING THE ESTABLISHMENT OF THE STATE |
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| 65 | 65 | | HISTORICAL MARKER PROGRAM HONORING AFRICAN AMERICAN LEGISLATORS)" |
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| 66 | 66 | | (e) The commission may seek assistance from other state and |
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| 67 | 67 | | local governmental entities in carrying out the commission's duties |
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| 68 | 68 | | under this section. |
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| 69 | 69 | | (f) The commission may seek and accept gifts, grants, and |
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| 70 | 70 | | donations from public or private sources, including seeking |
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| 71 | 71 | | available federal funds, to accomplish the purposes of this |
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| 72 | 72 | | section. |
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| 73 | 73 | | SECTION 3. Not later than January 1, 2025, the Texas |
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| 74 | 74 | | Historical Commission shall install the historical markers |
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| 75 | 75 | | required by Section 442.0061, Government Code, as added by this |
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| 76 | 76 | | Act. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2023. |
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