Texas 2023 - 88th Regular

Texas Senate Bill SB194 Compare Versions

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1	1	88R982 YDB-F
2	2	By: Miles S.B. No. 194
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 452 to read as follows:
12	12	CHAPTER 452. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 452.001. 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. 452.002. DEFINITION. In this chapter, "commission"
19	19	means the Texas African American Heritage Commission.
20	20	Sec. 452.003. 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, 2035.
24	24	Sec. 452.004. 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. 452.005. 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 for which 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. 452.051. 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. 452.052. 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) Commission members 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. 452.053. TERMS; VACANCY. (a) Commission members
78	78	shall be appointed to staggered six-year terms with the terms of
79	79	one-third of the members expiring February 1 of each odd-numbered
80	80	year.
81	81	(b) Commission members are eligible for reappointment to
82	82	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. 452.054. REIMBURSEMENT FOR EXPENSES. A commission
88	88	member serves without pay but is entitled to reimbursement for the
89	89	travel expenses incurred by the member in attending commission
90	90	meetings as provided by the General Appropriations Act.
91	91	Sec. 452.055. PRESIDING OFFICER; OTHER OFFICERS. The
92	92	commission members shall elect from among the commission's members
93	93	a presiding officer and other officers considered necessary.
94	94	Sec. 452.056. REMOVAL. (a) It is a ground for removal from
95	95	the commission that the commission member:
96	96	(1) is ineligible for membership under Section
97	97	452.052(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 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 a commission action is not affected by
106	106	the fact that it is taken when a ground for removal of a commission
107	107	member exists.
108	108	Sec. 452.057. 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 the commission
111	111	designates.
112	112	(b) Five commission members 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 commission's
117	117	jurisdiction.
118	118	Sec. 452.058. 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 commission functions and activities from
124	124	money available to the Texas Historical Commission that may be used
125	125	for this purpose.
126	126	SUBCHAPTER C. DUTIES AND FUNDING
127	127	Sec. 452.101. GENERAL DUTIES. The commission may:
128	128	(1) promote public awareness of historic buildings,
129	129	sites, and structures reflecting this state's African American
130	130	heritage through special programs and events, exhibitions,
131	131	publications, and educational materials;
132	132	(2) support African American heritage education at the
133	133	elementary, secondary, and college or university levels;
134	134	(3) develop a program to catalog, preserve, assess,
135	135	and interpret sites reflecting this state's African American
136	136	heritage;
137	137	(4) build a statewide network of individuals,
138	138	organizations, and institutions interested in the preservation of
139	139	sites reflecting this state's African American heritage;
140	140	(5) make recommendations to the Texas Historical
141	141	Commission and county historical commissions regarding the
142	142	preservation of sites reflecting the state's African American
143	143	heritage, including recommendations regarding the installation of
144	144	markers recognizing districts, sites, individuals, events,
145	145	structures, and objects significant to African American history,
146	146	archeology, or culture;
147	147	(6) make recommendations to state agencies and local
148	148	governmental entities regarding policies and programs to promote
149	149	the preservation of sites reflecting this state's African American
150	150	heritage;
151	151	(7) appoint advisory committees as the commission
152	152	considers necessary to carry out this chapter;
153	153	(8) provide technical assistance to local governments
154	154	and nonprofit organizations to further the study and preservation
155	155	of African American heritage; and
156	156	(9) promote collaboration among local African
157	157	American heritage organizations in this state and provide support
158	158	and services to those organizations.
159	159	Sec. 452.102. ADVISORY STATUS. (a) In implementing its
160	160	duties under this chapter, the commission functions only in an
161	161	advisory capacity. Commission membership does not constitute a
162	162	public office.
163	163	(b) Chapter 2110 does not apply to the commission.
164	164	Sec. 452.103. FUNDING. (a) The commission may accept
165	165	gifts, grants, or donations or raise money from any available
166	166	public or private source for the commission to use in performing the
167	167	commission's duties under this chapter.
168	168	(b) The legislature may specifically appropriate money to
169	169	the Texas Historical Commission to provide staff and to otherwise
170	170	support commission functions and activities, or appropriate money
171	171	directly to the commission.
172	172	(c) The commission may participate in the establishment and
173	173	operation of an affiliated nonprofit organization dedicated to
174	174	raising money for or providing services or other benefits to the
175	175	commission.
176	176	Sec. 452.104. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
177	177	ACCOUNT. The Texas African American Heritage Commission account is
178	178	created as an account in the general revenue fund. The Texas
179	179	Historical Commission shall administer the account. Distributions
180	180	from the account may be used only for furthering the purposes of
181	181	this chapter and commission duties under this chapter. The account
182	182	is composed of:
183	183	(1) amounts the legislature appropriates to the
184	184	account; and
185	185	(2) gifts, grants, and other donations the commission
186	186	receives for the account.
187	187	SECTION 2. (a) Not later than January 1, 2024, the Texas
188	188	Legislative Black Caucus, the president of Texas Southern
189	189	University, and the president of Prairie View A&M University shall
190	190	appoint members to the Texas African American Heritage Commission
191	191	as provided by Chapter 452, Government Code, as added by this Act.
192	192	(b) In appointing the initial commission members, the
193	193	officials described by Subsection (a) of this section shall
194	194	appoint:
195	195	(1) three members to serve terms expiring February 1,
196	196	2025;
197	197	(2) three members to serve terms expiring February 1,
198	198	2027; and
199	199	(3) three members to serve terms expiring February 1,
200	200	2029.
201	201	SECTION 3. The Texas Historical Commission is required to
202	202	implement a provision of this Act only if the legislature
203	203	appropriates money specifically for that purpose. If the
204	204	legislature does not appropriate money specifically for that
205	205	purpose, the commission may, but is not required to, implement a
206	206	provision of this Act using other appropriations available for that
207	207	purpose.
208	208	SECTION 4. This Act takes effect September 1, 2023.