HBA-DMD H.B. 1865 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1865
By: Edwards
State, Federal, & International Relations
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 1865 continues the Texas Emancipation Juneteenth Cultural and
Historical Commission (commission) until September 1, 2011. This bill also
allows the commission to appoint a person who is not a member of the
commission as its presiding officer. It also requires the commission to
establish a Juneteenth memorial monument on the grounds of the State
Capitol in cooperation with the State Preservation Board and to establish
other Juneteenth memorial monuments in this state. H.B. 1865 authorizes the
commission by contract to provide money for goods and services to a
nonprofit organization that has promoting Juneteenth as one of its primary
functions.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 448.002 and 448.008, Government Code, as
follows: 

Sec. 448.002. SUNSET PROVISION. Continues the Texas Emancipation Juneteenth
Cultural and Historical Commission (commission) until September 1, 2011,
rather than 2001. 

Sec. 448.008. OFFICERS; SUBCOMMITTEES. (a) Requires the commission to
appoint a person, rather than annually elect one of its members, as the
presiding officer of the commission who serves in that capacity at the will
of the commission. 

(b) Provides that the presiding officer is not required to be a member of
the commission. Prohibits a presiding officer from voting on decisions made
by the commission and from being counted when determining the presence of a
quorum of commission members, if the person chosen to be presiding officer
is not a member of the commission.  

(c) Redesignated from Subsection (b).

SECTION 2.  Amends Section 448.009(a), Government Code, to provide that a
person who is a public member of the commission or a person who is not a
member of the commission but who serves as presiding officer of the
commission is not entitled to compensation, but is entitled to
reimbursement, from commission funds, for the travel expenses incurred by
the person, rather than member, while conducting the business of the
commission as a member or presiding officer, as provided by the General
Appropriations Act.  

SECTION 3.  Amends Subchapter B, Chapter 448, Government Code, by amending
Section 448.031 and adding Section 448.0325, as follows: 

Sec. 448.031. GENERAL POWERS AND DUTIES OF THE COMMISSION. Requires the
commission to establish a Juneteenth memorial monument on the grounds of
the State Capitol in cooperation with the State Preservation Board and to
establish other Juneteenth memorial monuments at appropriate locations
throughout the state. Requires the commission to prepare and distribute
publications relating to the cultural or historical significance of
Juneteenth or that otherwise promote Juneteenth. Redesignates Subdivision
(4) to Subdivision (5). Requires the State Preservation Board to cooperate
with the commission in establishing a monument on the grounds of the State
Capitol. Makes conforming changes. 

Sec. 448.0325. CONTRACT WITH NONPROFIT ORGANIZATION. Authorizes the
commission by contract to provide money to a nonprofit organization that
has as one of its primary functions the promotion of Juneteenth. Provides
that the contract must ensure that the nonprofit organization provides
services or goods that accomplish a public purpose of the commission. 

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.