13 TAC §§81.1, 81.3, 81.5, 81.7
The Texas Emancipation Juneteenth Cultural and Historical
Commissionproposes new Sections 81.1, 81.3, 81.5, and 81.7, concerning Definitions,
Administration, Finance, and Advisory Committee. These sections are necessary
to provide for the basic operational procedures of the Commission. The statute
creating the Commission gives the Commission broad authority to provide by
rule for the operations and administration of the Commission.
Section 81.1 provides definitions of the terms “Chairman,” “Commission,”
and “Juneteenth.” Section 81.3 of the proposal 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 proposal 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 of the proposal 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.
Representative Al Edwards, Chairman of the Texas Emancipation Juneteenth
Cultural and Historical Commission, has determined that for the first five
year period the rule is in effect there should be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
rules.
Representative Edwards also has determined that for each year of the first
five year period the rules are in effect, the public benefit anticipated as
a result of administering the proposed rules will be more efficient conduct
of the business of the Commission. There should be no effect on small businesses.
There should also be no fiscal implications for private citizens.
Comments on the proposal may be submitted to Representative Al Edwards,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768. Comments
will be accepted for 30 days after publication in the Texas Register. Any
questions regarding these proposed amendments should be directed to Representative
Al Edwards, at the same address, or by calling (512) 463-0518.
The amendments are proposed 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. No other statutes,
articles, or codes are affected by these rules.
§81.1. Definitions.
The following words and terms shall have the meanings assigned to them
unless the context clearly requires otherwise:
(1)
Chairman means the presiding officer elected by the Commission
in accordance with Texas Government Code §448.008.
(2)
Commission means the Texas Emancipation Juneteenth
Cultural and Historical Commission.
(3)
Juneteenth means the anniversary of the event of emancipation
from slavery that occurred in Texas on June 19, 1865.
§81.3. Administration.
(a)
Governance.
(1)
Chairman.
(A)
At the first regularly called meeting of each state fiscal
year, the commission shall elect a chairman from among the members of the
commission.
(B)
Either appointed or ex officio members shall be eligible
to serve as the chairman.
(C)
In the event of the resignation or ineligibility of the
chairman to serve, the commission shall select a new chairman at any regular
or called meeting of the commission.
(2)
Vice Chairman
(A)
The chairman may appoint a vice chairman to fulfill the
duties of the chairman in the absence of the chairman.
(B)
The vice chairman serves at the pleasure of the chairman.
(3)
Committees.
(A)
The chairman may appoint committees from among the members
of the commission as may be determined necessary to conduct the business of
the commission.
(B)
Members of committees serve at the pleasure of the chairman.
(b)
Duties of the Chairman.
(1)
The chairman shall preside over the meetings of the commission.
(2)
The chairman shall call regular and special meetings
of the commission as necessary to conduct the business of the commission,
including:
(A)
posting such notice of meetings as is legally required;
(B)
notifying all members of the commission of the time, date,
and place of meetings; and
(C)
determining the agenda of such meetings.
(3)
The chairman shall approve expenditures by the
commission, including vouchers, contracts, and other expenditures authorized
by law or rule of the commission.
(4)
The chairman may hire such staff as is necessary to
conduct the business of the commission, at a salary within the appropriate
classification as established by the legislature.
(5)
The commission, by resolution, may delegate appropriate
duties to the staff, but such staff may not be delegated the duty to adopt
rules.
(c)
Conduct of Business.
(1)
The commission may conduct business at any regularly scheduled
or specially called meeting of the commission.
(2)
A quorum for the conduct of business shall be a majority
of the voting members of the commission.
(3)
When a quorum is present, action may be taken by a
vote of a majority of the voting members present.
(4)
Nonvoting (ex officio) members of the commission may
participate in all business of the commission, except they shall not vote.
(5)
The commission shall allow the general public an opportunity
to comment on the business of the commission at each regularly scheduled meeting
of the commission. The time allotted to members of the public may be limited
to a time not less than three minutes per person if necessary to expedite
the business of the commission.
(d)
Contracting.
(1)
The commission may perform through contract with another
governmental body or a private person or entity, any function it is otherwise
allowed to perform.
(2)
The chairman may approve and sign any contract with
a total value not to exceed $10,000.
(3)
The commission by vote shall approve any contract
with a total value in excess of $10,000.
(4)
The commission, through the General Services Commission,
may lease or contract for space for staff offices in a state-owned or other
appropriate building.
§81.5. Finances.
(a)
Budget and Appropriations.
(1)
The commission shall annually approve an operating budget
for the operations of the commission.
(2)
The commission shall, on the schedule established
by the legislature or such other times as shall be appropriate, approve a
legislative appropriations request and forward the request to the appropriate
agencies.
(3)
The chairman shall monitor the expenditure of the
funds of the commission and shall report to the commission at each regularly
scheduled meeting on the accounts of the commission.
(b)
Donations.
(1)
The commission may solicit and accept donations of money
to fund the operations of the commission, the advisory committee to the commission,
the monuments to be created by the commission, the celebration of Juneteenth,
or for any other purpose of the commission. The commission may solicit and
accept donations of personal property or real property to be used by the commission
in any manner within the authority of the commission.
(2)
The commission may contract with another state agency
or with a private entity to raise funds.
(3)
Donations of money shall be deposited into the Emancipation
Juneteenth Cultural and Historical Commission Account in the state treasury.
(4)
Donations of personal property shall be held for
safekeeping as may be provided by the commission.
(5)
Donations of real property may be used for the placement
of monuments to commemorate the Juneteenth holiday, or, if not used for that
purpose, may be disposed of in accordance with state law and any conditions
imposed by the grantor. The proceeds from any sale shall be deposited into
the Emancipation Juneteenth Cultural and Historical Commission Account in
the state treasury.
§81.7.Advisory Committee.
(a)
The commission shall appoint an advisory committee to advise
the commission on all matters relating to the construction, dedication, and
maintenance of the monuments, markers or other commemorations, including:
(1)
site selection;
(2)
fund raising from public and private sources;
(3)
establishing a schedule for the design, construction,
and dedication of the monuments;
(4)
procedures for soliciting designs for the monuments;
(5)
selecting the final design of the monuments
(6)
procedures for selecting a contractor to construct
the monuments; and
(7)
reviewing and monitoring the design and construction
process.
(b)
The advisory committee shall be composed of not less than
10 nor more than 15 members. Members of the advisory committee should have
exhibited an interest in the cultural and historical heritage of Texas, be
knowledgeable of architecture or construction of monuments, be acknowledged
community leaders, or bring other important qualities to the advisory committee.
(c)
Selection of the advisory committee.
(1)
Each member of the Commission may nominate not more than
two persons to serve on the advisory committee.
(2)
Persons nominated by the members of the commission
may provide information concerning their qualifications and concerning their
availability and willingness to serve to the commission.
(3)
The commission shall select the members of the advisory
committee by vote at a meeting of the commission.
(d)
Members of the advisory committee may be reimbursed for
their expenses for service on the advisory committee on the same basis as
members of the commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
November 23, 1998.
TRD-9817914
Representative Al Edwards
Chairman
Texas Emancipation Juneteenth Cultural and Historical Commission
Earliest possible date of adoption: January 10, 1999
For further information, please call: (512) 463-0518