By: King of Parker, et al. H.B. No. 3257
        (Senate Sponsor - Alvarado)
         (In the Senate - Received from the House April 21, 2021;
  May 10, 2021, read first time and referred to Committee on Natural
  Resources & Economic Development; May 21, 2021, reported favorably
  by the following vote:  Yeas 9, Nays 0; May 21, 2021, sent to
  printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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, [and] Genocide, and Antisemitism Advisory
  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.
 
  * * * * *