Texas 2025 - 89th Regular

Texas Senate Bill SB283 Compare Versions

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

Old	New	Differences
1	1	89R399 LRM-F
2	2	By: Miles, Cook S.B. No. 283
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Texas African American Heritage
10	10	Commission.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle D, Title 4, Government Code, is amended
13	13	by adding Chapter 452 to read as follows:
14	14	CHAPTER 452. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 452.001. PURPOSE. The purpose of the Texas African
17	17	American Heritage Commission is to identify, preserve, interpret,
18	18	and promote sites reflecting this state's African American
19	19	heritage.
20	20	Sec. 452.002. DEFINITION. In this chapter, "commission"
21	21	means the Texas African American Heritage Commission.
22	22	Sec. 452.003. SUNSET ACT. The Texas African American
23	23	Heritage Commission is subject to Chapter 325 (Texas Sunset Act).
24	24	Unless continued in existence as provided by that chapter, the
25	25	commission is abolished and this chapter expires September 1, 2037.
26	26	Sec. 452.004. ADMINISTRATIVE ATTACHMENT. (a) The
27	27	commission is administratively attached to the Texas Historical
28	28	Commission but is independent of direction by the Texas Historical
29	29	Commission.
30	30	(b) The Texas Historical Commission shall provide
31	31	administrative support services, including human resources,
32	32	budgetary, accounting, purchasing, payroll, information
33	33	technology, and legal support services to the commission as
34	34	necessary to carry out the purposes of this chapter.
35	35	Sec. 452.005. CONSULTATION; MEMORANDUM OF UNDERSTANDING.
36	36	(a) The Texas Historical Commission shall consult regularly with
37	37	the commission for recommendations on matters impacting the
38	38	preservation, identification, documentation, or representation of
39	39	sites related to African American heritage, including:
40	40	(1) applications for designating state historical
41	41	markers at sites for which a claim is made regarding the site's
42	42	connection to African American heritage; and
43	43	(2) proposed projects submitted to the Texas
44	44	Historical Commission by a state agency for consultation under
45	45	Section 106, National Historic Preservation Act of 1966 (54 U.S.C.
46	46	Section 306108) in which a claim is made regarding the project
47	47	site's connection to African American heritage.
48	48	(b) The Texas Historical Commission shall enter into a
49	49	memorandum of understanding with the commission to coordinate
50	50	consultations under Subsection (a) and any other joint efforts of
51	51	both commissions.
52	52	SUBCHAPTER B. COMMISSION
53	53	Sec. 452.051. ESTABLISHMENT. The commission is established
54	54	to preserve, interpret, and promote sites reflecting this state's
55	55	African American heritage.
56	56	Sec. 452.052. COMMISSION MEMBERSHIP. (a) The commission
57	57	is composed of nine members as follows:
58	58	(1) seven members appointed by the Texas Legislative
59	59	Black Caucus;
60	60	(2) one member appointed by the president of Texas
61	61	Southern University; and
62	62	(3) one member appointed by the president of Prairie
63	63	View A&M University.
64	64	(b) Commission members must:
65	65	(1) have a demonstrated interest in the preservation
66	66	of African American heritage; and
67	67	(2) be residents of this state.
68	68	(c) Appointments to the commission shall be made to ensure
69	69	that:
70	70	(1) each geographic area of this state is represented
71	71	on the commission; and
72	72	(2) the commission includes:
73	73	(A) at least one member with significant
74	74	professional experience in the preservation of African American
75	75	heritage; and
76	76	(B) at least one member with significant
77	77	professional experience in African American history, genealogy, or
78	78	archeology.
79	79	Sec. 452.053. TERMS; VACANCY. (a) Commission members
80	80	shall be appointed to staggered six-year terms with the terms of
81	81	one-third of the members expiring February 1 of each odd-numbered
82	82	year.
83	83	(b) Commission members are eligible for reappointment to
84	84	another term or part of a term.
85	85	(c) A vacancy shall be filled in the same manner as the
86	86	original appointment. A member appointed to fill a vacancy on the
87	87	commission shall serve for the remainder of the term for which the
88	88	predecessor of the member was appointed.
89	89	Sec. 452.054. REIMBURSEMENT FOR EXPENSES. A commission
90	90	member serves without pay but is entitled to reimbursement for the
91	91	travel expenses incurred by the member in attending commission
92	92	meetings as provided by the General Appropriations Act.
93	93	Sec. 452.055. PRESIDING OFFICER; OTHER OFFICERS. The
94	94	commission members shall elect from among the commission's members
95	95	a presiding officer and other officers considered necessary.
96	96	Sec. 452.056. REMOVAL. (a) It is a ground for removal from
97	97	the commission that the commission member:
98	98	(1) is ineligible for membership under Section
99	99	452.052(b);
100	100	(2) cannot because of illness or disability discharge
101	101	the member's duties for a substantial part of the term for which the
102	102	member is appointed; or
103	103	(3) is absent from more than half of the regularly
104	104	scheduled commission meetings the member is eligible to attend
105	105	during a calendar year unless the absence is excused by majority
106	106	vote of the commission.
107	107	(b) The validity of a commission action is not affected by
108	108	the fact that it is taken when a ground for removal of a commission
109	109	member exists.
110	110	Sec. 452.057. COMMISSION MEETINGS; QUORUM; PUBLIC
111	111	PARTICIPATION. (a) The commission shall meet at least three times
112	112	each year at the times and places in this state the commission
113	113	designates.
114	114	(b) Five commission members constitute a quorum for
115	115	transacting commission business.
116	116	(c) The commission shall develop and implement policies
117	117	that provide the public with a reasonable opportunity to appear
118	118	before the commission and speak on any issue under the commission's
119	119	jurisdiction.
120	120	Sec. 452.058. EXECUTIVE DIRECTOR; STAFF. (a) The Texas
121	121	Historical Commission shall provide one employee to serve as the
122	122	executive director for the commission to transact commission
123	123	business.
124	124	(b) The Texas Historical Commission may provide additional
125	125	staff and may support commission functions and activities from
126	126	money available to the Texas Historical Commission that may be used
127	127	for this purpose.
128	128	SUBCHAPTER C. DUTIES AND FUNDING
129	129	Sec. 452.101. GENERAL DUTIES. The commission may:
130	130	(1) promote public awareness of historic buildings,
131	131	sites, and structures reflecting this state's African American
132	132	heritage through special programs and events, exhibitions,
133	133	publications, and educational materials;
134	134	(2) support African American heritage education at the
135	135	elementary, secondary, and college or university levels;
136	136	(3) develop a program to catalog, preserve, assess,
137	137	and interpret sites reflecting this state's African American
138	138	heritage;
139	139	(4) build a statewide network of individuals,
140	140	organizations, and institutions interested in the preservation of
141	141	sites reflecting this state's African American heritage;
142	142	(5) make recommendations to the Texas Historical
143	143	Commission and county historical commissions regarding the
144	144	preservation of sites reflecting the state's African American
145	145	heritage, including recommendations regarding the installation of
146	146	markers recognizing districts, sites, individuals, events,
147	147	structures, and objects significant to African American history,
148	148	archeology, or culture;
149	149	(6) make recommendations to state agencies and local
150	150	governmental entities regarding policies and programs to promote
151	151	the preservation of sites reflecting this state's African American
152	152	heritage;
153	153	(7) appoint advisory committees as the commission
154	154	considers necessary to carry out this chapter;
155	155	(8) provide technical assistance to local governments
156	156	and nonprofit organizations to further the study and preservation
157	157	of African American heritage; and
158	158	(9) promote collaboration among local African
159	159	American heritage organizations in this state and provide support
160	160	and services to those organizations.
161	161	Sec. 452.102. ADVISORY STATUS. (a) In implementing its
162	162	duties under this chapter, the commission functions only in an
163	163	advisory capacity. Commission membership does not constitute a
164	164	public office.
165	165	(b) Chapter 2110 does not apply to the commission.
166	166	Sec. 452.103. FUNDING. (a) The commission may accept
167	167	gifts, grants, or donations or raise money from any available
168	168	public or private source for the commission to use in performing the
169	169	commission's duties under this chapter.
170	170	(b) The legislature may specifically appropriate money to
171	171	the Texas Historical Commission to provide staff and to otherwise
172	172	support commission functions and activities, or appropriate money
173	173	directly to the commission.
174	174	(c) The commission may participate in the establishment and
175	175	operation of an affiliated nonprofit organization dedicated to
176	176	raising money for or providing services or other benefits to the
177	177	commission.
178	178	Sec. 452.104. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION
179	179	ACCOUNT. The Texas African American Heritage Commission account is
180	180	created as an account in the general revenue fund. The Texas
181	181	Historical Commission shall administer the account. Distributions
182	182	from the account may be used only for furthering the purposes of
183	183	this chapter and commission duties under this chapter. The account
184	184	is composed of:
185	185	(1) amounts the legislature appropriates to the
186	186	account; and
187	187	(2) gifts, grants, and other donations the commission
188	188	receives for the account.
189	189	SECTION 2. (a) Not later than January 1, 2026, the Texas
190	190	Legislative Black Caucus, the president of Texas Southern
191	191	University, and the president of Prairie View A&M University shall
192	192	appoint members to the Texas African American Heritage Commission
193	193	as provided by Chapter 452, Government Code, as added by this Act.
194	194	(b) In appointing the initial commission members, the
195	195	officials described by Subsection (a) of this section shall
196	196	appoint:
197	197	(1) three members to serve terms expiring February 1,
198	198	2027;
199	199	(2) three members to serve terms expiring February 1,
200	200	2029; and
201	201	(3) three members to serve terms expiring February 1,
202	202	2031.
203	203	SECTION 3. This Act takes effect September 1, 2025.