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.