Miles Bill Lets Black Caucus Pick 7 Of 9 Commissioners

The text as introduced · 1,412 words

89R399 LRM-F

By: Miles, Cook
S.B. No. 283

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 452, Government Code, as added by this Act.

(b) In appointing the initial commission members, the

officials described by Subsection (a) of this section shall

appoint:

(1) three members to serve terms expiring February 1,

2027;

(2) three members to serve terms expiring February 1,

2029; and

(3) three members to serve terms expiring February 1,

2031.

SECTION 3. This Act takes effect September 1, 2025.