CHAPTER 449. TEXAS HOLOCAUST AND GENOCIDE COMMISSION

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE D. HISTORY, CULTURE, AND EDUCATION

CHAPTER 449. TEXAS HOLOCAUST AND GENOCIDE COMMISSION

SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS

Sec. 449.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Holocaust and Genocide

Commission.

(2) "Genocide" means any of the following acts committed with

intent to destroy, in whole or in part, a national, ethnical,

racial, or religious group as such:

(A) killing members of the group;

(B) causing serious bodily or mental harm to members of the

group;

(C) deliberately inflicting on the group conditions of life

calculated to bring about the group's physical destruction in

whole or in part;

(D) imposing measures intended to prevent births within the

group; or

(E) forcibly transferring children of the group to another

group.

(3) "Holocaust" means the killing of approximately six million

Jews and millions of other persons during World War II by the

National Socialist German Workers' Party (Nazis) and Nazi

collaborators as part of a state-sponsored, systematic program of

genocide and other actions of persecution, discrimination,

violence, or other human rights violations committed by the Nazis

and Nazi collaborators against those persons.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.002. SUNSET PROVISION. The Texas Holocaust and

Genocide 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,

2021.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.003. ADMINISTRATIVE ATTACHMENT. The commission is

administratively attached to the Texas Historical Commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.004. COMPOSITION OF COMMISSION. (a) The commission is

composed of 18 members as follows:

(1) 15 public members appointed as follows:

(A) five public members appointed by the governor;

(B) five public members appointed by the lieutenant governor;

and

(C) five public members appointed by the speaker of the house of

representatives; and

(2) three ex officio members as follows:

(A) the commissioner of education;

(B) the commissioner of higher education; and

(C) the executive director of the Texas Veterans Commission.

(b) The speaker of the house of representatives shall designate

a member of the house and the lieutenant governor shall designate

a member of the senate to advise the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.005. PUBLIC MEMBERS: ELIGIBILITY; APPOINTMENT;

VACANCY. (a) A person appointed as a public member of the

commission must be a resident of this state.

(b) Public members of the commission must include:

(1) persons who have served prominently as leaders of or

spokespersons for public or private organizations that serve

members of religious, ethnic, national heritage, or social groups

that were subjected to the Holocaust or other genocides;

(2) persons who have significant professional experience in the

field of Holocaust or genocide education;

(3) persons who represent liberators of Holocaust or other

genocide victims; and

(4) persons who have demonstrated a significant, particular

interest in Holocaust or genocide education.

(c) Appointments of public members to the commission shall be

made:

(1) without regard to the race, color, disability, sex,

religion, age, or national origin of an appointee; and

(2) so that each geographic area of this state is represented on

the commission.

(d) The original appointing authority shall fill any vacancy in

an appointed position on the commission for the unexpired portion

of the term.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.006. EX OFFICIO MEMBERS: ELIGIBILITY; DESIGNATION OF

REPRESENTATIVE. (a) An ex officio member of the commission

vacates the person's position on the commission if the person

ceases to hold the position that qualifies the person for service

on the commission.

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

on the commission in the member's absence. A representative

designated under this subsection must be an officer or employee

of the state agency that employs the ex officio member.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.007. REMOVAL OF PUBLIC MEMBER. (a) It is a ground for

removal of a public member from the commission if the member:

(1) is ineligible for public membership under Section

449.005(a);

(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 three consecutive 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.

(b) 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.

(c) 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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.008. TERM OF PUBLIC MEMBER. (a) A public member of

the commission serves a term of four years.

(b) A public member is eligible for reappointment to another

term or part of a term.

(c) A public member may not serve more than two consecutive

terms. For purposes of this prohibition, a member is considered

to have served a term only if the member has served more than

half of the term.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.009. OFFICERS; SUBCOMMITTEES. (a) The governor shall

designate a public member of the commission as presiding officer

to serve in that capacity at the pleasure of the governor.

(b) The presiding officer of the commission may appoint a

subcommittee for any purpose consistent with the duties of the

commission under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.010. COMPENSATION; EXPENSES. (a) A public member of

the commission is not entitled to compensation but is entitled to

reimbursement for the travel expenses incurred by the member

while transacting commission business, as provided by the General

Appropriations Act.

(b) An ex officio member's service on the commission is an

additional duty of the underlying position that qualifies the

member for service on the commission. The entitlement of an ex

officio member to compensation or to reimbursement for travel

expenses incurred while transacting commission business is

governed by the law that applies to the member's service in that

underlying position, and any payment to the member for either

purpose must be made from money that may be used for the purpose

and is available to the state agency that the member serves in

that underlying position.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.011. MEETINGS; QUORUM; VOTING; PUBLIC ACCESS. (a) The

commission shall meet at least quarterly at the times and places

in this state that the commission designates.

(b) Seven voting members of the commission constitute a quorum

for transacting commission business.

(c) An ex officio member of the commission may not vote on

commission business.

(d) The commission shall develop and implement policies that

provide the public with a reasonable opportunity to appear before

the commission and speak on any issue under the jurisdiction of

the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.012. COORDINATOR. The Texas Historical Commission

shall provide one part-time employee to serve as the coordinator

for the Texas Holocaust and Genocide Commission to transact

commission business.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES; FUNDING

Sec. 449.051. ADVISORY STATUS OF COMMISSION. (a) In

implementing its powers and duties under this chapter, the

commission functions only in an advisory capacity. Membership on

the commission does not constitute a public office.

(b) Chapter 2110 does not apply to the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.052. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The

commission shall:

(1) provide advice and assistance to public and private primary

and secondary schools and institutions of higher education in

this state regarding implementation of Holocaust and genocide

courses of study and awareness programs;

(2) meet with appropriate representatives of public and private

organizations, including service organizations, to provide

information on and to assist in planning, coordinating, or

modifying Holocaust and genocide courses of study and awareness

programs;

(3) determine which, if any, existing Holocaust or other

genocide memorials, exhibits, or other resources could be

included in or used to support Holocaust and genocide courses of

study and awareness programs;

(4) compile a list of volunteers, such as Holocaust or other

genocide survivors, liberators of concentration camps, scholars,

and members of the clergy, who have agreed to share, in

classrooms, seminars, exhibits, or workshops, their verifiable

knowledge and experiences regarding the Holocaust or other

genocide;

(5) coordinate events in this state memorializing the Holocaust

and other genocides on January 27, International Holocaust

Remembrance Day, on the Days of Remembrance established by the

United States Congress, or on any other day designated by the

commission for that purpose; and

(6) solicit volunteers to participate in commemorative events

designed to enhance public awareness of the continuing

significance of the Holocaust and other genocides.

(b) In implementing Subsection (a)(3), the commission may

contact and cooperate with:

(1) existing public or private Holocaust or other genocide

resource organizations, including the United States Holocaust

Memorial Museum;

(2) other museums, centers, and organizations based in this

state;

(3) state agencies that carry out the educational functions of

the state delegated under the Education Code, including the Texas

Education Agency and the Texas Higher Education Coordinating

Board; and

(4) members of the United States Congress and of the legislature

of this state.

(c) The commission shall adopt rules as necessary for its own

procedures.

(d) The commission may appoint advisory committees to advise the

commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.

Sec. 449.053. FUNDING. (a) The commission may accept gifts and

grants from a public or private source for the commission to use

in performing the commission's powers and duties under this

chapter.

(b) The Texas Historical Commission may provide staff and may

support functions and activities of the Texas Holocaust and

Genocide Commission from money available to the Texas Historical

Commission that may be used for this purpose. The legislature

may also specifically appropriate money to the Texas Historical

Commission to provide staff and to otherwise support functions

and activities of the Texas Holocaust and Genocide Commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1352, Sec. 1, eff. September 1, 2009.