Bill Text: TX HB4553 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of the Texas Hispanic Heritage Commission.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-29 - Referred to State Affairs [HB4553 Detail]
Download: Texas-2021-HB4553-Introduced.html
By: Guillen | H.B. No. 4553 |
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relating to the creation of the Texas Hispanic 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 451 to read as follows: | ||
CHAPTER 451. TEXAS HISPANIC HERITAGE COMMISSION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 451.001. PURPOSE. The purpose of the Texas Hispanic | ||
Heritage Commission is to identify and preserve sites reflecting | ||
this state's Hispanic heritage as well as investigate wrongdoings | ||
by the state and their impacts on historical landowners who owned | ||
grants which emanated from the government of Spain or that of Mexico | ||
and recommend any possible remedy for the resulted loss of | ||
property. | ||
Sec. 451.002. DEFINITION. In this chapter, "commission" | ||
means the Texas Hispanic Heritage Commission. | ||
Sec. 451.003. SUNSET ACT. The Texas Hispanic 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, 2033. | ||
Sec. 451.004. 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. 451.005. 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 Hispanic heritage, including: | ||
(1) applications for designating state historical | ||
markers at sites where a claim is made regarding the site's | ||
connection to Hispanic heritage; and | ||
(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. 451.051. ESTABLISHMENT. The commission is established | ||
to identify and preserve sites reflecting this state's Hispanic | ||
heritage as well as investigate wrongdoings by the state and their | ||
impacts on historical landowners who owned grants which emanated | ||
from the government of Spain or that of Mexico and recommend any | ||
possible remedy for the resulted loss of property. | ||
Sec. 451.052. COMMISSION MEMBERSHIP. (a) The commission | ||
is composed of nine members as follows: | ||
(1) seven members appointed by the Texas Mexican | ||
American Legislative Caucus; | ||
(2) one member appointed by the president of | ||
University of Texas Rio Grande Valley; and | ||
(3) one member appointed by the president of | ||
University of Texas at El Paso. | ||
(b) Members of the commission must: | ||
(1) have a demonstrated interest in the preservation | ||
of Hispanic 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 Hispanic heritage; | ||
and | ||
(B) at least one member with significant | ||
professional experience in Hispanic history, genealogy, or | ||
archeology. | ||
Sec. 451.053. TERMS; VACANCY. (a) Members of the | ||
commission 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) Members of the commission 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. 451.054. REIMBURSEMENT FOR EXPENSES. A member of the | ||
commission 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. 451.055. PRESIDING OFFICER; OTHER OFFICERS. The | ||
members of the commission shall elect from among the commission's | ||
members a presiding officer and other officers considered | ||
necessary. | ||
Sec. 451.056. REMOVAL. (a) It is a ground for removal from | ||
the commission that the member: | ||
(1) is ineligible for membership under Section | ||
451.052(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 that 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 an action of the commission is not | ||
affected by the fact that it is taken when a ground for removal of a | ||
commission member exists. | ||
Sec. 451.057. COMMISSION MEETINGS; QUORUM; PUBLIC | ||
PARTICIPATION. (a) The commission shall meet at least three times | ||
each year at the times and places in this state that the commission | ||
designates. | ||
(b) Five members of the commission 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 jurisdiction | ||
of the commission. | ||
Sec. 451.058. 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 functions and activities of the commission | ||
from money available to the Texas Historical Commission that may be | ||
used for this purpose. | ||
SUBCHAPTER C. DUTIES AND FUNDING | ||
Sec. 451.101. GENERAL DUTIES. The commission may: | ||
(1) promote public awareness of historic buildings, | ||
sites, and structures reflecting this state's Hispanic heritage | ||
through special programs and events, exhibitions, publications, | ||
and educational materials; | ||
(2) develop a program to catalog, preserve, assess, | ||
and interpret sites reflecting this state's Hispanic heritage; | ||
(3) build a statewide network of individuals, | ||
organizations, and institutions interested in the preservation of | ||
sites reflecting this state's Hispanic heritage; | ||
(4) make recommendations to the Texas Historical | ||
Commission and county historical commissions regarding the | ||
preservation of sites reflecting the state's Hispanic heritage, | ||
including recommendations regarding the installation of markers | ||
recognizing districts, sites, individuals, events, structures, and | ||
objects significant to Hispanic history, archeology, or culture; | ||
(5) make recommendations to state agencies and local | ||
governmental entities regarding wrongdoings by the state and their | ||
impacts on historical landowners who owned grants which emanated | ||
from the government of Spain or that of Mexico and recommend any | ||
possible remedy for the resulted loss of property; | ||
(6) appoint advisory committees as the commission | ||
considers necessary to carry out this chapter; | ||
(7) investigate wrongdoings by the state and their | ||
impacts on historical landowners who owned grants which emanated | ||
from the government of Spain or that of Mexico and recommend any | ||
possible remedy for the resulted loss of property. | ||
Sec. 451.102. ADVISORY STATUS. (a) In implementing its | ||
duties under this chapter, the commission functions only in an | ||
advisory capacity. Membership on the commission does not | ||
constitute a public office. | ||
(b) Chapter 2110 does not apply to the commission. | ||
Sec. 451.103. 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 functions and activities of the commission, 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. 451.104. TEXAS HISPANIC HERITAGE COMMISSION ACCOUNT. | ||
(a) The Texas Hispanic 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 duties of the commission under this chapter. The account is | ||
composed of: | ||
(1) amounts appropriated by the legislature to the | ||
account; and | ||
(2) gifts, grants, and other donations received by the | ||
commission for the account. | ||
SECTION 2. (a) Not later than January 1, 2022, the Texas | ||
Legislative Mexican American Legislative Caucus, the president of | ||
University of Texas Rio Grande Valley, and the president of | ||
University of Texas of at El Paso shall appoint members to the Texas | ||
Hispanic Heritage Commission as provided by Chapter 451, Government | ||
Code, as added by this Act. | ||
(b) In appointing the initial members of the commission, the | ||
officials described by Subsection (a) of this section shall | ||
appoint: | ||
(1) three members to serve terms expiring February 1, | ||
2023; | ||
(2) three members to serve terms expiring February 1, | ||
2025; and | ||
(3) three members to serve terms expiring February 1, | ||
2027. | ||
SECTION 3. REPORT ON RESULTING PROPERTY LOSS. Not later | ||
than January 1, 2023, the commission shall provide to the governor, | ||
lieutenant governor, and speaker of the house of representatives a | ||
final report on any wrongdoings by the state and their impacts on | ||
historical landowners who owned grants which emanated from the | ||
government of Spain or that of Mexico. | ||
The final report must include: | ||
(1) recommendations for any possible remedy for the | ||
resulted loss of property; | ||
(2) proposed legislation necessary to implement the | ||
recommendations made in the final report; | ||
(3) any administrative recommendations proposed by | ||
the commission; and | ||
(4) a complete explanation of each of the commission's | ||
recommendations. | ||
SECTION 4. This Act takes effect September 1, 2021. |