HBA-JLV H.J.R. 73 77(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 73 By: Wilson State Affairs 3/21/2001 Introduced BACKGROUND AND PURPOSE African Americans, Native Americans, Hispanic Americans, and women in Texas have been victims of past discrimination sanctioned by the state and political subdivisions of the state. Some believe that members of these groups are entitled to reparations to compensate them for the economic effects of that discrimination. As proposed, House Joint Resolution 73 requires the submission to the voters of a constitutional amendment prohibiting discrimination against or granting preferential treatment to a person in public employment, public education, or public contracting after the economic effects of past discrimination have been offset through the payment of reparations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Joint Resolution 73 amends the Texas Constitution to create a reparations commission (commission) that is required to study past de jure and de facto racial and economic discrimination against African Americans, Native Americans, Hispanic Americans, and women in Texas, who were victims of past discrimination sanctioned by the state and political subdivisions of the state (groups) and the impact of that discrimination on living persons who are members of those groups. The resolution requires the commission to establish the amount of reparations to which a person of a group is entitled and to complete the study not later than December 31, 2002. The resolution requires the commission to adopt a schedule of reparations payments for persons who are members of the group entitled to reparations, not later than the convening of the 78th Legislature in 2003. Each member of a group is entitled to an equal dollar amount of the reparations, but the dollar amounts may vary among groups. The resolution provides that reparations are payable from funds appropriated for that purpose and the resolution requires that payments be made in the manner provided by law under the general supervision of the commission. The legislature is required to determine by general law an individual's entitlement to reparations. All reparations must be paid not later than December 31, 2008. The governor is required to issue a proclamation on December 31, 2008, that the economic effects of past discrimination against members of the groups entitled to reparations have been offset. The resolution provides that on January 1, 2009, the commission is abolished and the state and its political subdivisions are prohibited from discriminating against or granting preferential treatment to a person because of the person's race, sex, sexual orientation, color, ethnicity, or national origin in matters of public employment, public education, or public contracting. FOR ELECTION This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2001.