Texas House Bill HB840

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the removal, relocation, alteration, or construction of certain monuments, memorials, or designations located on public property; authorizing a civil penalty.

Impact

The bill introduces significant changes to state laws regarding local authority over historical monuments and memorials, emphasizing a structured process for managing these public representations. By placing limitations on the ability to alter long-standing monuments without considerable legislative consensus, it seeks to protect the historical integrity of these public symbols. Moreover, it allows residents to register complaints with the state attorney general if local entities do not comply with the guidelines outlined in the new chapter, thereby fostering accountability and offering a legal mechanism for residents to express concerns about historical representation.

Summary

House Bill 840 pertains to the handling of monuments, memorials, and designations that are located on public property in Texas. It establishes guidelines for the removal, relocation, or alteration of such monuments, particularly those which have been in place for over 25 years. For these older monuments, any changes would require a supermajority vote from the local governing body, whereas younger monuments can be altered or relocated with the governing body's decision. In addition, the bill delineates the definition of a monument or memorial, encompassing various types of significant designations, such as statues and plaques, related to Texas's historical figures and events.

Contention

Debate surrounding HB 840 is likely to focus on the tension between preserving history and accommodating contemporary societal values. Advocates for the bill argue that it prevents the arbitrary removal of monuments, ensuring that history is preserved and respected. Conversely, opponents contend that it could impede local governments from addressing symbols that may be deemed offensive or inappropriate in today's context. The imposing civil penalties for violations of the stipulated guidelines could also lead to disputes regarding the financial implications for municipalities and potentially create a chilling effect on local governance regarding community decisions on historical designations.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2166. Building Construction And Acquisition And Disposition Of Real Property
  • Section: 5011
  • Section: New Section