HB3183 - Relating to the creation of the Texas African American Heritage Commission.

  89R399 LRM-F     By: Simmons H.B. No. 3183       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 452 to read as follows:   CHAPTER 452. TEXAS AFRICAN AMERICAN HERITAGE COMMISSION   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   452.001.     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.   452.002.     DEFINITION. In this chapter, "commission"   means the Texas African American Heritage Commission.           Sec.   452.003.     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, 2037.           Sec.   452.004.     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.   452.005.     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 for which 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.   452.051.     ESTABLISHMENT. The commission is established   to preserve, interpret, and promote sites reflecting this state's   African American heritage.           Sec.   452.052.     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)  Commission members 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.   452.053.     TERMS; VACANCY. (a) Commission members   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)     Commission members 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.   452.054.     REIMBURSEMENT FOR EXPENSES. A commission   member 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.   452.055.     PRESIDING OFFICER; OTHER OFFICERS. The   commission members shall elect from among the commission's members   a presiding officer and other officers considered necessary.           Sec.   452.056.     REMOVAL. (a) It is a ground for removal from   the commission that the commission member:                 (1)     is ineligible for membership under Section   452.052(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 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 a commission action is not affected by   the fact that it is taken when a ground for removal of a commission   member exists.           Sec.   452.057.     COMMISSION MEETINGS; QUORUM; PUBLIC   PARTICIPATION. (a) The commission shall meet at least three times   each year at the times and places in this state the commission   designates.             (b)     Five commission members 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 commission's   jurisdiction.           Sec.   452.058.     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 commission functions and activities from   money available to the Texas Historical Commission that may be used   for this purpose.   SUBCHAPTER C. DUTIES AND FUNDING           Sec. 452.101.  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.   452.102.     ADVISORY STATUS. (a) In implementing its   duties under this chapter, the commission functions only in an   advisory capacity. Commission membership does not constitute a   public office.           (b)  Chapter 2110 does not apply to the commission.           Sec.   452.103.     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 commission functions and activities, 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.   452.104.     TEXAS AFRICAN AMERICAN HERITAGE COMMISSION   ACCOUNT. 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 commission duties under this chapter. The account   is composed of:                 (1)     amounts the legislature appropriates to the   account; and                 (2)     gifts, grants, and other donations the commission   receives for the account.          SECTION 2.  (a) Not later than January 1, 2026, 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 4 [Text truncated for display. Full text available on Congress.gov.]