Texas House Bill HB3948

Texas 2019 - 86th Regular

Caption

Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property.

Impact

The bill's impact on state laws is significant, as it reinforces the state's control over historical monument preservation and modification. Communities will have limited power to alter or remove such structures, as this authority resides largely with state-level decisions involving the legislature and preservation boards. This could lead to disputes over local versus state governance in managing public representations of history and heritage through monuments and memorials.

Summary

House Bill 3948 addresses the processes surrounding the removal, relocation, alteration, or construction of monuments or memorials located on public property in Texas. It amends existing statutes within the Government Code to impose specific time-based restrictions and governance structures on such actions. Monuments that have been in place for over 40 years cannot be altered or removed, while those between 20 and 40 years can only be changed with a supermajority legislative vote. Monuments younger than 20 years can be altered or removed at the discretion of the legislature and other designated state authorities.

Contention

Notable points of contention surrounding HB 3948 include its perceived impact on local governance. Critics argue that the bill undermines local communities' abilities to address historical contexts that might necessitate changes to memorials or monuments. The legislative process required for altering long-standing structures could be seen as overly burdensome, reflecting broader tensions with regards to historical narratives and representation in public spaces. Supporters, however, advocate for the protection of historically significant sites from arbitrary removal, asserting the need for preservation practices that respect state historical legacies.