Bill Text: TX HB3257 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Texas Holocaust, Genocide, and Antisemitism Advisory Commission.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3257 Detail]
Download: Texas-2021-HB3257-Enrolled.html
H.B. No. 3257 |
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relating to the creation of the Texas Holocaust, Genocide, and | ||
Antisemitism Advisory 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 448 to read as follows: | ||
CHAPTER 448. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY | ||
COMMISSION | ||
SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS | ||
Sec. 448.001. DEFINITIONS. In this chapter: | ||
(1) "Advisory commission" means the Texas Holocaust, | ||
Genocide, and Antisemitism Advisory Commission. | ||
(2) "Antisemitism" means a certain perception of Jews | ||
that may be expressed as hatred toward Jews. The term includes | ||
rhetorical and physical acts of antisemitism directed toward Jewish | ||
or non-Jewish individuals or their property or toward Jewish | ||
community institutions and religious facilities. Examples of | ||
antisemitism are included with the International Holocaust | ||
Remembrance Alliance's "Working Definition of Antisemitism" | ||
adopted on May 26, 2016. | ||
(3) "Commission" means the Texas Historical | ||
Commission. | ||
(4) "Genocide" means any of the following acts | ||
committed with intent to wholly or partly destroy a national, | ||
ethnic, racial, or religious group: | ||
(A) killing members of the group; | ||
(B) causing serious bodily or mental harm to | ||
members of the group; | ||
(C) deliberately inflicting on the group | ||
conditions of life calculated to wholly or partly cause the group's | ||
physical destruction; | ||
(D) imposing measures intended to prevent births | ||
within the group; or | ||
(E) forcibly transferring children of the group | ||
to another group. | ||
(5) "Holocaust" means the killing of approximately six | ||
million Jews and millions of other persons during World War II by | ||
the National Socialist German Workers' Party (Nazis) and Nazi | ||
collaborators as part of a state-sponsored, systematic program of | ||
genocide and other acts of persecution, discrimination, violence, | ||
or other human rights violations committed by the Nazis and Nazi | ||
collaborators against those persons. | ||
Sec. 448.002. SUNSET REVIEW. The advisory commission shall | ||
be reviewed during the period in which the Texas Historical | ||
Commission is reviewed under Chapter 325. | ||
Sec. 448.003. ADVISORY COMMISSION. The Texas Holocaust, | ||
Genocide, and Antisemitism Advisory Commission is established as an | ||
advisory commission to the commission. | ||
SUBCHAPTER B. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY | ||
COMMISSION | ||
Sec. 448.051. COMPOSITION OF ADVISORY COMMISSION. (a) The | ||
governor shall appoint nine members to the advisory commission. | ||
(b) A member of the advisory commission must be a resident | ||
of this state. | ||
(c) The advisory commission must include members who: | ||
(1) have demonstrated a significant interest in and | ||
are knowledgeable about issues in the Jewish community and | ||
antisemitism; | ||
(2) have served prominently as leaders of or | ||
spokespersons for public or private organizations that serve | ||
members of religious, ethnic, national heritage, or social groups | ||
that were subjected to antisemitism, the Holocaust, or other | ||
genocides; | ||
(3) have significant professional experience in the | ||
field of Holocaust or genocide education; | ||
(4) represent liberators of Holocaust or other | ||
genocide victims; or | ||
(5) have demonstrated a significant, particular | ||
interest in Holocaust or genocide education. | ||
(d) The governor shall fill any vacancy in a position on the | ||
advisory commission for the unexpired portion of the term. | ||
Sec. 448.052. TERMS. (a) Advisory commission members | ||
serve staggered six-year terms with the terms of three members | ||
expiring February 1 of each odd-numbered year. | ||
(b) An advisory commission member is eligible for | ||
reappointment to another term or part of a term. | ||
(c) An advisory commission member may not serve more than | ||
two consecutive terms. For purposes of this subsection, a member is | ||
considered to have served a term only if the member served two or | ||
more years of the member's term. | ||
Sec. 448.053. PRESIDING OFFICER. The governor shall | ||
designate a member of the advisory commission as presiding officer | ||
of the advisory commission to serve in that capacity at the pleasure | ||
of the governor. | ||
Sec. 448.054. SUBCOMMITTEES. The presiding officer of the | ||
advisory commission may appoint a subcommittee for any purpose | ||
consistent with the duties of the advisory commission under this | ||
chapter. | ||
Sec. 448.055. COMPENSATION; EXPENSES. A member of the | ||
advisory commission is not entitled to compensation but is entitled | ||
to reimbursement for the travel expenses incurred by the member | ||
while transacting advisory commission business, as provided by the | ||
General Appropriations Act. | ||
Sec. 448.056. MEETINGS; QUORUM; PUBLIC ACCESS. (a) The | ||
advisory commission shall meet at least quarterly at the times and | ||
places in this state the commission designates. | ||
(b) Five voting members of the advisory commission | ||
constitute a quorum for transacting advisory commission business. | ||
(c) The commission shall develop and implement policies | ||
that provide the public with a reasonable opportunity to appear | ||
before the advisory commission and speak on any issue under the | ||
jurisdiction of the advisory commission. | ||
Sec. 448.057. TRAINING. Each member of the advisory | ||
commission shall complete the training program prescribed by the | ||
commission. The program must provide the member with information | ||
on: | ||
(1) the role and duties of advisory commission | ||
members; | ||
(2) the functions of the advisory commission; and | ||
(3) the commission's oversight of the advisory | ||
commission. | ||
Sec. 448.058. PERSONNEL. The commission shall: | ||
(1) hire personnel as necessary to support the | ||
advisory commission in fulfilling its duties under this chapter, | ||
including establishing staffing levels, position titles, and | ||
salaries of the employees and managing and evaluating the | ||
employees; and | ||
(2) provide other administrative support to the | ||
advisory commission as necessary. | ||
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND ADVISORY | ||
COMMISSION; FUNDING | ||
Sec. 448.101. DUTIES OF ADVISORY COMMISSION. (a) The | ||
advisory commission, under direction of the commission, shall: | ||
(1) conduct a study on antisemitism in this state and | ||
submit a report on the results of the study to the governor, the | ||
lieutenant governor, the speaker of the house of representatives, | ||
and each member of the legislature not later than November 1 of each | ||
even-numbered year; | ||
(2) provide advice and assistance to public and | ||
private primary and secondary schools and institutions of higher | ||
education in this state regarding methods of combating antisemitism | ||
and implementation of Holocaust and genocide courses of study and | ||
awareness programs; | ||
(3) meet with appropriate representatives of public | ||
and private organizations, including service organizations, to | ||
provide information on and to assist in planning, coordinating, or | ||
modifying antisemitism awareness programs and Holocaust and | ||
genocide courses of study and awareness programs; | ||
(4) compile a list of volunteers, such as Holocaust or | ||
other genocide survivors, liberators of concentration camps, | ||
scholars, and members of the clergy, who have agreed to share, in | ||
classrooms, seminars, exhibits, or workshops, their verifiable | ||
knowledge and experiences regarding the Holocaust or other | ||
genocide; | ||
(5) annually coordinate events in this state | ||
memorializing the Holocaust and other genocides on January 27, | ||
International Holocaust Remembrance Day, on the Days of Remembrance | ||
established by the United States Congress, or on any other day | ||
designated by the advisory commission for that purpose; | ||
(6) solicit volunteers to participate in | ||
commemorative events designed to enhance public awareness of the | ||
fight against antisemitism and continuing significance of the | ||
Holocaust and other genocides; | ||
(7) collaborate with appropriate groups to support | ||
efforts to recognize International Holocaust Remembrance Day; and | ||
(8) make recommendations as to whether International | ||
Holocaust Remembrance Day shall be a state holiday. | ||
(b) In implementing Subsection (a), the advisory | ||
commission, under direction of the commission, may contact and | ||
cooperate with: | ||
(1) existing public or private antisemitism, | ||
Holocaust, or other genocide resource organizations, including the | ||
United States Holocaust Memorial Museum; | ||
(2) other museums, centers, and organizations based in | ||
this state; | ||
(3) state agencies that perform this state's | ||
educational functions as delegated under the Education Code, | ||
including the Texas Education Agency and the Texas Higher Education | ||
Coordinating Board; | ||
(4) the Texas Veterans Commission; and | ||
(5) members of the United States Congress and of the | ||
legislature of this state. | ||
(c) The commission may provide matching grants to assist in | ||
the implementation of the advisory commission's goals and | ||
objectives. | ||
(d) Chapter 2110 does not apply to the advisory commission. | ||
Sec. 448.102. COMMISSION POWERS AND DUTIES. (a) The | ||
commission shall adopt rules as necessary governing the operation | ||
of the advisory commission. The rules may include the delegation of | ||
certain final decisions and authorities to the advisory commission | ||
that are appropriate given the advisory commission's advisory | ||
status. | ||
(b) The commission, in coordination with the advisory | ||
commission, shall adopt rules, policies, and procedures for the | ||
matching grants program established to assist in the implementation | ||
of the goals and objectives of this chapter. The commission must | ||
prescribe for the program an annual budget, a funding cycle, goals, | ||
award eligibility criteria, grant application and selection | ||
processes, requirements for in-kind services and matching fund | ||
waivers, maximum grant awards, conflict of interest policies, data | ||
collection and evaluation, and audits of grant recipients. | ||
Sec. 448.103. FUNDING. (a) The commission may accept gifts | ||
and grants from a public or private source on behalf of the advisory | ||
commission for the advisory commission to use in performing the | ||
duties assigned to the advisory commission under this chapter. | ||
(b) All legislative appropriations to support the functions | ||
and activities of the advisory commission shall be made as part of | ||
the commission's legislative appropriations request process and | ||
disbursed to the commission. | ||
Sec. 448.104. COMMISSION REPORT; AUDITS. (a) The | ||
commission shall include the activities of the advisory commission | ||
as authorized by Section 448.101 in the report the commission is | ||
required to submit under Section 442.005(n). | ||
(b) The advisory commission is subject to audit and | ||
evaluation by the commission or another appropriate state agency, | ||
including the state auditor's office. | ||
Sec. 448.105. CONTRACTS WITH NONPROFIT ORGANIZATIONS. (a) | ||
The commission may contract with one or more nonprofit | ||
organizations to assist in fulfilling the advisory commission's | ||
duties under this chapter. | ||
(b) The commission shall adopt rules relating to contracts | ||
entered into under this section. The rules must require each | ||
contract to clearly establish: | ||
(1) the role of the nonprofit organization in | ||
assisting the advisory commission in fulfilling its duties under | ||
this chapter; | ||
(2) the nature of the relationship between the | ||
commission and the nonprofit organization; | ||
(3) the performance expectations for the nonprofit | ||
organization; | ||
(4) requirements and expectations regarding the | ||
nonprofit organization's employees; | ||
(5) the commission's expectations regarding ownership | ||
of any literature, media, or other products developed or produced | ||
by the nonprofit organization to assist the advisory commission in | ||
fulfilling its duties under this chapter; | ||
(6) the commission's long-term goals for the advisory | ||
commission and the nonprofit organization's role in meeting those | ||
goals; | ||
(7) a system for evaluating the nonprofit | ||
organization's overall performance, including the organization's | ||
effectiveness in meeting the performance expectations described by | ||
Subdivision (3); and | ||
(8) the types of support, other than financial | ||
support, the commission will provide to the nonprofit organization | ||
to assist in the fulfillment of the advisory commission's duties. | ||
SECTION 2. Section 29.9072(c), Education Code, is amended | ||
to read as follows: | ||
(c) Holocaust Remembrance Week shall include | ||
age-appropriate instruction, as determined by each school | ||
district. Instruction shall include: | ||
(1) information about the history of and lessons | ||
learned from the Holocaust; | ||
(2) participation, in person or using technology, in | ||
learning projects about the Holocaust; and | ||
(3) the use of materials developed or approved by the | ||
Texas Holocaust, [ |
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Commission. | ||
SECTION 3. Chapter 449, Government Code, is repealed. | ||
SECTION 4. (a) As soon as practicable after the effective | ||
date of this Act, the governor shall appoint members to the vacant | ||
positions on the Texas Holocaust, Genocide, and Antisemitism | ||
Advisory Commission as provided by Chapter 448, Government Code, as | ||
added by this Act. To implement the staggering of terms of members | ||
of the advisory commission provided by Section 448.052, Government | ||
Code, as added by this Act, in making the first appointments to the | ||
advisory commission, the governor shall provide for three of the | ||
members to serve terms expiring February 1, 2023, three of the | ||
members to serve terms expiring February 1, 2025, and three of the | ||
members to serve terms expiring February 1, 2027. Subsequent | ||
appointments shall be for six-year terms, as provided by Section | ||
448.052, Government Code, as added by this Act. | ||
(b) Members who have served two terms under the former Texas | ||
Holocaust and Genocide Commission are not eligible for appointment | ||
under the Texas Holocaust, Genocide, and Antisemitism Advisory | ||
Commission. | ||
(c) Section 448.057, Government Code, as added by this Act, | ||
applies to a member of the Texas Holocaust, Genocide, and | ||
Antisemitism Advisory Commission appointed before, on, or after the | ||
effective date of this Act. | ||
SECTION 5. (a) Not later than December 1, 2022, the Texas | ||
Historical Commission and the Texas Holocaust, Genocide, and | ||
Antisemitism Advisory Commission shall provide a written report to | ||
the Sunset Advisory Commission on the progress of the Texas | ||
Historical Commission and the Texas Holocaust, Genocide, and | ||
Antisemitism Advisory Commission in implementing the changes in law | ||
made by this Act. The report must identify any obstacles or | ||
concerns encountered in implementing the changes. | ||
(b) All contracts and agreements of the former Texas | ||
Holocaust and Genocide Commission are continued in effect as | ||
contracts and agreements of the Texas Historical Commission. | ||
(c) The Texas Historical Commission shall coordinate with | ||
the Texas Holocaust, Genocide, and Antisemitism Advisory | ||
Commission and the Legislative Budget Board to propose goals, | ||
strategies, and performance measures for the advisory commission in | ||
the commission's legislative appropriations request for the state | ||
fiscal biennium ending August 31, 2025. | ||
SECTION 6. As soon as practicable after the effective date | ||
of this Act, the Texas Historical Commission shall perform an | ||
evaluation of the job titles and salaries of personnel employed by | ||
the commission to support the Texas Holocaust, Genocide, and | ||
Antisemitism Advisory Commission under Section 448.058, Government | ||
Code, as added by this Act, in order to ensure that the salaries and | ||
titles are commensurate with other commission employees with | ||
comparable duties. | ||
SECTION 7. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3257 was passed by the House on April | ||
21, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3257 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |