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CHAPTER 448. TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL COMMISSION

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GOVERNMENT CODETITLE 4. EXECUTIVE BRANCHSUBTITLE D. HISTORY, CULTURE, AND EDUCATIONCHAPTER 448. TEXAS EMANCIPATION JUNETEENTH CULTURAL ANDHISTORICAL COMMISSIONSUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONSSec. 448.001.DEFINITIONS.In this chapter:(1)"Commission" means the Texas Emancipation JuneteenthCultural and Historical Commission.(2)"Juneteenth" means the anniversary of the event ofemancipation from slavery that occurred in Texas on June 19,1865.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.002.SUNSET PROVISION.The Texas EmancipationJuneteenth Cultural and Historical Commission is subject toChapter 325 (Texas Sunset Act).Unless continued in existence asprovided by that chapter, the commission is abolished and thischapter expires September 1, 2013.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997. Amended by Acts 1999, 76th Leg., ch. 1396, Sec. 1, eff.Sept. 1, 1999.Amended by:Acts 2009, 81st Leg., 1st C.S., Ch.2, Sec. 2.02, eff. July 10, 2009.Sec. 448.003.COMPOSITION OF COMMISSION.The commission iscomposed of:(1)five public members appointed by the governor with theadvice and consent of the senate;(2)two members of the senate appointed by the lieutenantgovernor to serve as ex officio, nonvoting members;(3)two members of the house of representatives appointed by thespeaker of the house to serve as ex officio, nonvoting members;and(4)the executive director of the Texas Historical Commission toserve as an ex officio, nonvoting member.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 13.01, eff.Sept. 1, 2003.Sec. 448.004.APPOINTMENT.(a)Appointments to the commissionshall be made without regard to the race, color, disability, sex,religion, age, or national origin of the appointees.(b)Appointments of the public members to the commission shallbe made so that each geographic area of the state is representedon the commission.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.005.ELIGIBILITY OF EX OFFICIO MEMBERS.(a)An exofficio member of the commission vacates the person's position onthe commission if the person ceases to hold the underlyingposition that qualifies the person for service on the commission.A vacancy in the office is filled in the same manner asoriginally.(b)An ex officio member may designate a representative to servein the member's absence. A representative designated under thissubsection must be an officer or employee of the member's stateagency or house of the legislature.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.006.CONFLICTS OF INTEREST; REMOVAL PROVISIONS.(a)Aperson may not serve as a member of the commission if the personis required to register as a lobbyist under Chapter 305 becauseof the person's activities for compensation on behalf of aprofession related to the operation of the commission.(b)An officer, employee, or paid consultant of a Texas tradeassociation in the field of historic preservation may not be amember of the commission and may not be an employee of thecommission who is exempt from the state's position classificationplan or is compensated at or above the amount prescribed by theGeneral Appropriations Act for step 1, salary group 17, of theposition classification salary schedule.(c)A person who is the spouse of an officer, manager, or paidconsultant of a Texas trade association in the field of historicpreservation may not be a member of the commission and may not bean employee of the commission who is exempt from the state'sposition classification plan or is compensated at or above theamount prescribed by the General Appropriations Act for step 1,salary group 17, of the position classification salary schedule.(d)It is a ground for removal from the commission if a member:(1)violates a prohibition established by this section;(2)cannot because of illness or disability discharge themember's duties for a substantial part of the term for which themember is appointed; or(3)is absent from more than half of the regularly scheduledcommission meetings that the member is eligible to attend duringa calendar year unless the absence is excused by majority vote ofthe commission.(e)The validity of an action of the commission is not affectedby the fact that it is taken when a ground for removal of acommission member exists.(f)If a member of the commission has knowledge that a potentialground for removal exists, the member shall notify the presidingofficer of the commission of the potential ground. The presidingofficer shall then notify the governor and the attorney generalthat a potential ground for removal exists.(g)For the purposes of this section, a Texas trade associationis a nonprofit, cooperative, and voluntarily joined associationof business or professional competitors in this state designed toassist its members and its industry or profession in obtainingpublic money or influencing governmental policy.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.007.TERMS.Public members of the commission servestaggered terms of six years with the terms of approximatelyone-third of the members expiring on February 1 of eachodd-numbered year.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 13.02, eff.Sept. 1, 2003.Sec. 448.008.OFFICERS; SUBCOMMITTEES.(a)The commissionshall elect one of its members as the presiding officer of thecommission.(b)The presiding officer of the commission may appointsubcommittees for any purpose consistent with the duties of thecommission under this chapter.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997. Amended by Acts 1999, 76th Leg., ch. 1396, Sec. 2, eff.Sept. 1, 1999.Sec. 448.009.COMPENSATION; EXPENSES.(a)A public member ofthe commission is not entitled to compensation, but is entitledto reimbursement, from commission funds, for the travel expensesincurred by the member while conducting the business of thecommission, as provided by the General Appropriations Act.(b)The service to the commission of an ex officio member is anadditional duty of the member's underlying position thatqualifies the member for service on the commission. Theentitlement of an ex officio member to compensation orreimbursement for travel expenses is governed by the law applyingto the member's service in that underlying position, and anypayments to the member shall be made from the appropriate fundsof the state agency or house of the legislature with which themember serves.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.010.MEETINGS; PUBLIC ACCESS.(a)The commission maymeet at the times and places within the state that the commissiondesignates.(b)The commission shall develop and implement policies thatprovide the public with a reasonable opportunity to appear beforethe commission and to speak on any issue under the jurisdictionof the commission.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.011.ANNUAL REPORT.The commission shall prepareannually a complete and detailed written report accounting forall funds received and disbursed by the commission during thepreceding fiscal year. The annual report must meet the reportingrequirements applicable to financial reporting provided in theGeneral Appropriations Act.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.SUBCHAPTER B. POWERS AND DUTIES; FUNDINGSec. 448.031.GENERAL POWERS AND DUTIES OF THE COMMISSION.(a)The commission shall:(1)adopt rules as necessary for its own procedures;(2)coordinate state and local activities relating to thecultural and historical celebration of Juneteenth;(3)establish a Juneteenth memorial monument on the grounds ofthe State Capitol in cooperation with the State PreservationBoard, establish other Juneteenth memorial monuments atappropriate locations throughout the state, and establish anadvisory committee to advise the commission on all mattersrelating to the construction, dedication, and maintenance of themonuments, including:(A)site selection;(B)fund-raising from public and private sources;(C)establishing a schedule for the design, construction, anddedication of each monument;(D)procedures for soliciting designs for each monument;(E)selecting the final design of each monument;(F)procedures for selecting a contractor to construct eachmonument;(G)selecting the contractor to construct each monument; and(H)reviewing and monitoring the design and constructionprocess;(4)prepare and distribute publications that relate to thecultural or historical significance of Juneteenth or thatotherwise promote Juneteenth; and(5)encourage individuals, private organizations, and localgovernmental bodies to organize appropriate activities.(b)The State Preservation Board shall cooperate with thecommission in establishing a monument on the grounds of the StateCapitol under Subsection (a)(3).Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997. Amended by Acts 1999, 76th Leg., ch. 1396, Sec. 3, eff.Sept. 1, 1999.Sec. 448.032.DONATIONS; APPROPRIATIONS; AUDIT.(a)Thecommission may accept, on behalf of the state, donations, gifts,grants, property, or matching funds from a public or privatesource for the use of the commission in performing its functionsunder this chapter.(b)The commission by rule shall establish an acquisition policyfor accepting property or art objects related to the commission'spurpose.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.033.EMANCIPATION JUNETEENTH CULTURAL AND HISTORICALCOMMISSION ACCOUNT.The Emancipation Juneteenth Cultural andHistorical Commission Account is created as an account in thegeneral revenue fund. The commission shall remit all moneycollected under this chapter to the comptroller for deposit tothe credit of the account. Money in the account may beappropriated only to the commission for administration of thischapter.Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,1997.Sec. 448.034.LOCATION OF MONUMENT.The site of the monumentestablished under this chapter shall be on the State Capitolgrounds, subject to approval by the State Preservation Board ofthe monument location and design.Added by Acts 1999, 76th Leg., ch. 781, Sec. 1, eff. June 18,1999.
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  • GOVERNMENT CODE

    TITLE 4. EXECUTIVE BRANCH

    SUBTITLE D. HISTORY, CULTURE, AND EDUCATION

    CHAPTER 448. TEXAS EMANCIPATION JUNETEENTH CULTURAL AND

    HISTORICAL COMMISSION

    SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS

    Sec. 448.001. DEFINITIONS. In this chapter:

    (1) "Commission" means the Texas Emancipation Juneteenth

    Cultural and Historical Commission.

    (2) "Juneteenth" means the anniversary of the event of

    emancipation from slavery that occurred in Texas on June 19,

    1865.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.002. SUNSET PROVISION. The Texas Emancipation

    Juneteenth Cultural and Historical 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, 2013.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997. Amended by Acts 1999, 76th Leg., ch. 1396, Sec. 1, eff.

    Sept. 1, 1999.

    Amended by:

    Acts 2009, 81st Leg., 1st C.S., Ch.

    2, Sec. 2.02, eff. July 10, 2009.

    Sec. 448.003. COMPOSITION OF COMMISSION. The commission is

    composed of:

    (1) five public members appointed by the governor with the

    advice and consent of the senate;

    (2) two members of the senate appointed by the lieutenant

    governor to serve as ex officio, nonvoting members;

    (3) two members of the house of representatives appointed by the

    speaker of the house to serve as ex officio, nonvoting members;

    and

    (4) the executive director of the Texas Historical Commission to

    serve as an ex officio, nonvoting member.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 13.01, eff.

    Sept. 1, 2003.

    Sec. 448.004. APPOINTMENT. (a) Appointments to the commission

    shall be made without regard to the race, color, disability, sex,

    religion, age, or national origin of the appointees.

    (b) Appointments of the public members to the commission shall

    be made so that each geographic area of the state is represented

    on the commission.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.005. ELIGIBILITY OF EX OFFICIO MEMBERS. (a) An ex

    officio member of the commission vacates the person's position on

    the commission if the person ceases to hold the underlying

    position that qualifies the person for service on the commission.

    A vacancy in the office is filled in the same manner as

    originally.

    (b) An ex officio member may designate a representative to serve

    in the member's absence. A representative designated under this

    subsection must be an officer or employee of the member's state

    agency or house of the legislature.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.006. CONFLICTS OF INTEREST; REMOVAL PROVISIONS. (a) A

    person may not serve as a member of the commission if the person

    is required to register as a lobbyist under Chapter 305 because

    of the person's activities for compensation on behalf of a

    profession related to the operation of the commission.

    (b) An officer, employee, or paid consultant of a Texas trade

    association in the field of historic preservation may not be a

    member of the commission and may not be an employee of the

    commission who is exempt from the state's position classification

    plan or is compensated at or above the amount prescribed by the

    General Appropriations Act for step 1, salary group 17, of the

    position classification salary schedule.

    (c) A person who is the spouse of an officer, manager, or paid

    consultant of a Texas trade association in the field of historic

    preservation may not be a member of the commission and may not be

    an employee of the commission who is exempt from the state's

    position classification plan or is compensated at or above the

    amount prescribed by the General Appropriations Act for step 1,

    salary group 17, of the position classification salary schedule.

    (d) It is a ground for removal from the commission if a member:

    (1) violates a prohibition established by this section;

    (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.

    (e) 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.

    (f) If a member of the commission has knowledge that a potential

    ground for removal exists, the member shall notify the presiding

    officer of the commission of the potential ground. The presiding

    officer shall then notify the governor and the attorney general

    that a potential ground for removal exists.

    (g) For the purposes of this section, a Texas trade association

    is a nonprofit, cooperative, and voluntarily joined association

    of business or professional competitors in this state designed to

    assist its members and its industry or profession in obtaining

    public money or influencing governmental policy.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.007. TERMS. Public members of the commission serve

    staggered terms of six years with the terms of approximately

    one-third of the members expiring on February 1 of each

    odd-numbered year.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 13.02, eff.

    Sept. 1, 2003.

    Sec. 448.008. OFFICERS; SUBCOMMITTEES. (a) The commission

    shall elect one of its members as the presiding officer of the

    commission.

    (b) The presiding officer of the commission may appoint

    subcommittees for any purpose consistent with the duties of the

    commission under this chapter.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997. Amended by Acts 1999, 76th Leg., ch. 1396, Sec. 2, eff.

    Sept. 1, 1999.

    Sec. 448.009. COMPENSATION; EXPENSES. (a) A public member of

    the commission is not entitled to compensation, but is entitled

    to reimbursement, from commission funds, for the travel expenses

    incurred by the member while conducting the business of the

    commission, as provided by the General Appropriations Act.

    (b) The service to the commission of an ex officio member is an

    additional duty of the member's underlying position that

    qualifies the member for service on the commission. The

    entitlement of an ex officio member to compensation or

    reimbursement for travel expenses is governed by the law applying

    to the member's service in that underlying position, and any

    payments to the member shall be made from the appropriate funds

    of the state agency or house of the legislature with which the

    member serves.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.010. MEETINGS; PUBLIC ACCESS. (a) The commission may

    meet at the times and places within the state that the commission

    designates.

    (b) The commission shall develop and implement policies that

    provide the public with a reasonable opportunity to appear before

    the commission and to speak on any issue under the jurisdiction

    of the commission.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.011. ANNUAL REPORT. The commission shall prepare

    annually a complete and detailed written report accounting for

    all funds received and disbursed by the commission during the

    preceding fiscal year. The annual report must meet the reporting

    requirements applicable to financial reporting provided in the

    General Appropriations Act.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    SUBCHAPTER B. POWERS AND DUTIES; FUNDING

    Sec. 448.031. GENERAL POWERS AND DUTIES OF THE COMMISSION. (a)

    The commission shall:

    (1) adopt rules as necessary for its own procedures;

    (2) coordinate state and local activities relating to the

    cultural and historical celebration of Juneteenth;

    (3) establish a Juneteenth memorial monument on the grounds of

    the State Capitol in cooperation with the State Preservation

    Board, establish other Juneteenth memorial monuments at

    appropriate locations throughout the state, and establish an

    advisory committee to advise the commission on all matters

    relating to the construction, dedication, and maintenance of the

    monuments, including:

    (A) site selection;

    (B) fund-raising from public and private sources;

    (C) establishing a schedule for the design, construction, and

    dedication of each monument;

    (D) procedures for soliciting designs for each monument;

    (E) selecting the final design of each monument;

    (F) procedures for selecting a contractor to construct each

    monument;

    (G) selecting the contractor to construct each monument; and

    (H) reviewing and monitoring the design and construction

    process;

    (4) prepare and distribute publications that relate to the

    cultural or historical significance of Juneteenth or that

    otherwise promote Juneteenth; and

    (5) encourage individuals, private organizations, and local

    governmental bodies to organize appropriate activities.

    (b) The State Preservation Board shall cooperate with the

    commission in establishing a monument on the grounds of the State

    Capitol under Subsection (a)(3).

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997. Amended by Acts 1999, 76th Leg., ch. 1396, Sec. 3, eff.

    Sept. 1, 1999.

    Sec. 448.032. DONATIONS; APPROPRIATIONS; AUDIT. (a) The

    commission may accept, on behalf of the state, donations, gifts,

    grants, property, or matching funds from a public or private

    source for the use of the commission in performing its functions

    under this chapter.

    (b) The commission by rule shall establish an acquisition policy

    for accepting property or art objects related to the commission's

    purpose.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.033. EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL

    COMMISSION ACCOUNT. The Emancipation Juneteenth Cultural and

    Historical Commission Account is created as an account in the

    general revenue fund. The commission shall remit all money

    collected under this chapter to the comptroller for deposit to

    the credit of the account. Money in the account may be

    appropriated only to the commission for administration of this

    chapter.

    Added by Acts 1997, 75th Leg., ch. 563, Sec. 1, eff. Sept. 1,

    1997.

    Sec. 448.034. LOCATION OF MONUMENT. The site of the monument

    established under this chapter shall be on the State Capitol

    grounds, subject to approval by the State Preservation Board of

    the monument location and design.

    Added by Acts 1999, 76th Leg., ch. 781, Sec. 1, eff. June 18,

    1999.

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