Texas 2017 - 85th Regular

Texas House Bill HB1359 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22306 YDB-F
2	2	By: White, Anderson of McLennan, et al. H.B. No. 1359
3	3	Substitute the following for H.B. No. 1359:
4	4	By: Faircloth C.S.H.B. No. 1359
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to monuments and memorials for Texas heroes and other
10	10	persons and events of historical significance; creating criminal
11	11	offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as the Texas Hero
14	14	Protection Act.
15	15	SECTION 2. Section 2166.501, Government Code, is amended to
16	16	read as follows:
17	17	Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or
18	18	memorial for [Texas] heroes of a war or military conflict of Texas
19	19	or of the United States, including [the Confederate States of
20	20	America or] the Texas War for Independence, or to commemorate
21	21	another event or person of historical significance to Texans and
22	22	this state, may be erected on land owned or acquired by the state,
23	23	including land owned or acquired by an institution of higher
24	24	education, as defined by Section 61.003, Education Code, or, if a
25	25	suitable contract can be made for permanent preservation of the
26	26	monument or memorial, on private property or land owned by the
27	27	federal government, another state of the United States, or a
28	28	foreign country [or other states].
29	29	(b) The graves of Texas heroes [Texans] described by
30	30	Subsection (a) may be located and marked.
31	31	(c) The Texas Historical Commission [commission] shall
32	32	maintain a monument or memorial erected by this state to
33	33	commemorate the Texas War for Independence and shall maintain all
34	34	other monuments described by Subsection (a) that are erected on
35	35	land described by that subsection [centenary of Texas'
36	36	independence].
37	37	(d) Before the erection of a new monument or memorial, the
38	38	Texas Historical Commission [commission] must approve [obtain the
39	39	approval of the Texas Historical Commission regarding] the form,
40	40	dimensions, and substance of, and inscriptions or illustrations on,
41	41	the monument or memorial.
42	42	SECTION 3. Sections 2166.5011(a) and (c), Government Code,
43	43	are amended to read as follows:
44	44	(a) In this section, "monument or memorial" means a
45	45	permanent monument, memorial, or other item officially designated
46	46	as an item of historical significance by a governmental entity
47	47	[designation], including a statue, portrait, plaque, seal, symbol,
48	48	tablet, building name, place name, or street name, that:
49	49	(1) is located on state property or other property
50	50	described by Section 2166.501(a); and
51	51	(2) honors a hero or event [citizen] of this state
52	52	described by Section 2166.501(a) for military, [or] war-related, or
53	53	other historical service or significance.
54	54	(c) A monument or memorial may be removed, relocated, or
55	55	altered in a manner otherwise provided by this code as necessary to
56	56	accommodate construction, repair, or improvements to the monument
57	57	or memorial or to the surrounding [state] property on which the
58	58	monument or memorial is located and as authorized by the Texas
59	59	Historical Commission. Any monument or memorial that is
60	60	permanently removed under this subsection must be relocated to an
61	61	equally [a] prominent location that is approved by the legislature,
62	62	the Texas Historical Commission, or the State Preservation Board or
63	63	approved as otherwise provided by state or federal law.
64	64	SECTION 4. Subchapter K, Chapter 2166, Government Code, is
65	65	amended by adding Section 2166.5012 to read as follows:
66	66	Sec. 2166.5012. CRIMINAL OFFENSE. (a) A person commits an
67	67	offense if the person intentionally removes, relocates, or alters a
68	68	monument or memorial in a manner that violates Section 2166.5011(b)
69	69	or (c).
70	70	(b) An offense under Subsection (a) is punishable by:
71	71	(1) a fine in an amount not less than $50 and not more
72	72	than $1,000; and
73	73	(2) confinement in jail for a term of not less than
74	74	three days and not more than one year.
75	75	SECTION 5. Subtitle B, Title 10, Local Government Code, is
76	76	amended by adding Chapter 328 to read as follows:
77	77	CHAPTER 328. MONUMENTS AND MEMORIALS
78	78	Sec. 328.001. DEFINITION. In this chapter, "monument or
79	79	memorial" means a permanent monument, memorial, or other item
80	80	officially designated as an item of historical significance by a
81	81	governmental entity, including a statue, portrait, plaque, seal,
82	82	symbol, tablet, building name, place name, or street name, located
83	83	on county property and that:
84	84	(1) honors a citizen of this state for military or
85	85	war-related service;
86	86	(2) honors heroes of a war or conflict of Texas or of
87	87	the United States, including the Texas War for Independence; or
88	88	(3) commemorates another event or person of historical
89	89	significance to this state.
90	90	Sec. 328.002. ESTABLISHMENT OF MONUMENT OR MEMORIAL. (a) A
91	91	monument or memorial may be erected on land owned or acquired by a
92	92	county of this state.
93	93	(b) Before the production of a new monument or memorial, the
94	94	Texas Historical Commission must approve the form, dimensions, and
95	95	substance of, and inscriptions or illustrations on, the monument or
96	96	memorial.
97	97	Sec. 328.003. REMOVAL, RELOCATION, OR ALTERATION OF
98	98	MONUMENT OR MEMORIAL. (a) Notwithstanding any other law, a
99	99	monument or memorial may be removed, relocated, or altered only by:
100	100	(1) the Texas Historical Commission;
101	101	(2) the State Preservation Board; or
102	102	(3) another person as provided by Subsection (b).
103	103	(b) A monument or memorial may be removed, relocated, or
104	104	altered in a manner otherwise provided by law as necessary to
105	105	accommodate construction, repair, or improvements to the monument
106	106	or memorial or to the surrounding county property on which the
107	107	monument or memorial is located. Any monument or memorial that is
108	108	permanently removed under this subsection must be relocated to a
109	109	prominent location that is approved by the Texas Historical
110	110	Commission or the State Preservation Board or as otherwise provided
111	111	by law.
112	112	Sec. 328.004. CRIMINAL OFFENSE. (a) A person commits an
113	113	offense if the person intentionally removes, relocates, or alters a
114	114	monument or memorial in a manner that violates Section 328.003.
115	115	(b) An offense under Subsection (a) is punishable by:
116	116	(1) a fine in an amount not less than $50 and not more
117	117	than $1,000; and
118	118	(2) confinement in jail for a term of not less than
119	119	three days and not more than one year.
120	120	SECTION 6. On the effective date of this Act, the duties
121	121	imposed on the Texas Facilities Commission under Section 2166.501,
122	122	Government Code, as it existed immediately before the effective
123	123	date of this Act, are transferred to the Texas Historical
124	124	Commission.
125	125	SECTION 7. This Act takes effect September 1, 2017.