HBA-KDB C.S.H.B. 2061 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2061
By: Wilson
House Administration
4/20/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

There has been much controversy across the nation regarding symbols of
American history that are located on government property.  Currently, in
the state of Texas, there is no historical representation advisory
committee that ensures the diverse history of this state is accurately
represented in the Capitol Complex and on other land owned by the state.
C.S.H.B. 2061 establishes a historical representation advisory committee. 

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. 

ANALYSIS

C.S.H.B. 2061 amends the Government Code to create the historical
representation advisory committee (advisory committee).  The bill requires
the advisory committee to provide guidance to the State Preservation Board
(board), the Texas Historical Commission, and the General Services
Commission (GSC) on the addition of monuments to the Capitol Complex and
other land owned by the state to ensure that the diverse history of Texas
is accurately represented in the Capitol Complex and on other land owned by
the state.  The advisory committee consists of 12 members who are to be
appointed no later than January 1, 2002,  four appointed by the governor,
four appointed by the lieutenant governor, and four appointed by the
speaker of the house of representatives (appointing officers).  The bill
requires the appointing officers, in making the appointments, to attempt to
include African American Texans, Hispanic American Texans, Native American
Texans, female Texans, and Texans exemplifying rural heritage.  The bill
requires the governor to designate the presiding officer  of the advisory
committee from among the members of the committee.  The presiding officer
serves a term of two years and is required to serve as the liaison between
the advisory committee and  GSC.  

The bill provides that a member of the advisory committee serves at the
pleasure of the appointing officer and serves without compensation or
reimbursement of expenses.  The bill requires the advisory committee to
conduct meetings the advisory committee considers necessary to provide
guidance.  The bill requires the board to provide necessary administrative
support to the advisory committee.  The bill requires the advisory
committee to develop its own bylaws under which it is required to operate.
Current law in effect governing state agency advisory committees does not
apply to the advisory committee.  The advisory committee is subject to the
open meetings law and to the Texas Sunset Act, and will be abolished
September 1, 2013, unless continued by the legislature.   The bill requires
the advisory committee to collect information relating to each monument in
the Capitol Complex and on other land owned by the state, and to develop a
plan, in cooperation with the chair of the history department at Prairie
View A&M University, at The University of Texas at Austin, or at any other
land grant university in the  state, as determined by the advisory
committee, that ensures the historical accuracy of any proposed monument,
equitable representation of the military service of all Texans, and
equitable representation of African slaves, African Americans, Hispanic
Americans, Native Americans, women in Texas history, and Texans
exemplifying rural heritage in monuments in the Capitol Complex and on
other land owned by the state. 
 
EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2061 modifies the original bill by increasing from 9 to 12 the
number of members on  the historical representation advisory committee
(advisory committee).  The substitute provides that the governor,
lieutenant governor, and the speaker of the house representatives
(appointing officers) each appoint four, rather than three, members.  The
substitute requires that the appointing officers, in making appointments to
the advisory committee, attempt to include female Texans and Texans
exemplifying rural heritage.  The substitute requires the governor, rather
than the advisory committee, to designate the presiding officer of the
advisory committee.  The substitute provides that the presiding officer
serves a term of two years and is required to serve as the liaison between
the advisory committee and the General Services Commission.  

The substitute provides that the advisory committee is subject to the open
meetings law and the Texas Sunset Act, and will be abolished September 1,
2013, unless continued by the legislature.  The substitute requires the
advisory committee to develop a plan in cooperation with the chair of the
history department at Prairie View A&M University, at The University of
Texas at Austin, or at any other land grant university in the  state, as
determined by the advisory committee, that ensures the diverse history of
Texas is accurately and equitably represented in monuments in the Capitol
Complex and on other land owned by the state.  The original bill required
the advisory committee to develop such a plan in cooperation only with
Prairie View A&M University.  The substitute requires that the plan ensure
that women in Texas history and Texans exemplifying rural heritage also
have equitable representation in monuments in the Capitol Complex and on
other land owned by the state.