13 TAC §§81.1, 81.3, 81.5, 81.7
The Texas Emancipation Juneteenth Cultural and Historical
Commission adopts new §§81.1, 81.3, 81.5, and 81.7, concerning the
basic operational procedures of the commission. The proposed sections were
published in the December 11, 1998, issue of the
Texas Register
(23 TexReg 12571). These sections are adopted without
changes, therefore, the text will not be republished.
JUSTIFICATION
These sections are adopted to clearly provide for the day-to-day operation
of the commission. The enabling statue provides only general authority for
the commission, and it is necessary to adopt these sections to authorize the
chairman to handle routine matters between commission meetings and to appoint
committees to perform elements of the work of the commission, to allow the
commission to authorize expenditures and enter into contracts, and to provide
procedures for establishing the advisory committee authorized by the legislature.
Section 81.1 provides definitions of the terms "Chairman," "Commission,"
and "Juneteenth." Section 81.3 provides for the selection of a chairman of
the Commission at the first meeting of each state fiscal year by election
from among the members. The chairman may select a vice chairman to serve in
the absence of the chairman and may appoint committees of the Commission.
The rule assigns certain duties to the chairman of the Commission, including
the authority to call meetings and set their agenda, approve expenditures
and hire staff. The Commission may delegate duties to staff by resolution,
except the authority to approve rules. The Commission may contract as necessary
to carry out its duties. Section 81.5 provides for the budget and finances
of the Commission. The Commission must annually approve a budget for the Commission
and biennially approve a legislative appropriation request. The Commission
may accept donation of money or real or personal property for the purposes
of the Commission. Section 81.7 provides that the Commission may select an
advisory committee to advise the Commission on matters pertaining to the construction,
dedication, and maintenance of a monument for the commemoration of Juneteenth.
The advisory committee will be selected through nominations from the members
of the Commission and a final vote by the Commission. Members of the advisory
committee may be reimbursed on the same basis as member of the Commission.
No comments were received regarding adoption of the new rules.
The new sections are adopted under the Texas Government Code,
Title 4, Subtitle D, Chapter 448. The Texas Emancipation Juneteenth Cultural
and Historical Commission was established by the Legislature in 1997 through
the adoption of House Bill 1216, and is effective September 1, 1997. Section
448.031, Texas Government Code, provides the Commission with the authority
to promulgate rules to effect the purposes of this chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
10, 1999.
TRD-9903433
Representative Al Edwards
Chairman
Texas Emancipation Juneteenth Cultural and Historical Commission
Effective date: June 30, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 463-0518