§ 442.002 — COMMISSION; MEMBERS; SUNSET ACT.

Texas § 442.002

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 442.002. COMMISSION; MEMBERS; SUNSET ACT. (a) The Texas Historical Commission is an agency of the state.
(b) The commission is composed of 15 members appointed by the governor with the advice and consent of the senate. One member must have expertise in archeology, preferably as a professional archeologist, one must have expertise in history, preferably as a professional historian, and one must have expertise in architecture, preferably as a professional architect who is licensed in this state and has expertise in historic preservation and architectural history. The remaining members must represent the general public. A person is not eligible for appointment as a member of the commission if the person or the person's spouse:
(1) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving money other than grant money from the commission;
(2) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or
(3) is employed by or participates in the management of a business entity or other organization regulated by or receiving money other than grant money from the commission.
(c) Members serve for staggered six-year terms, with the terms of one-third of the members expiring February 1 of each odd-numbered year.
(d) Any vacancy occurring on the commission shall be filled for the unexpired term.
(e) A member of the commission must be a citizen of this state who has demonstrated an interest in the preservation of the state's historical or archeological heritage. In making appointments to the commission, the governor shall seek to have each geographical section of the state represented as nearly as possible.
(f) A person may not serve as a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(g) The commission shall hold at least one regular meeting in each calendar quarter of each year. The commission may hold other meetings at times and places scheduled by it in formal session or called by the chairman of the commission.
(h) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor. At its first meeting in each odd-numbered year, the commission shall select from its membership an assistant presiding officer and a secretary.
(i) A member of the commission serves without pay but shall be reimbursed for actual expenses incurred in attending a meeting of the commission.
(j) The commission is subject to the open meetings law, Chapter 551 , and the administrative procedure law, Chapter 2001 . The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
(k) The Texas Historical 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, 2031.
(l) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

Legislative History

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.13, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), (83), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 109, Sec. 1, eff. Aug. 30, 1995; Acts 2003, 78th Leg., ch. 1170, Sec. 19.01, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12 ), Sec. 1, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 37 (S.B. 283 ), Sec. 1, eff. May 14, 2013. Acts 2017, 85th Leg., R.S., Ch. 26 (S.B. 763 ), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422 ), Sec. 1, eff. September 1, 2019.