Texas 2017 - 85th 1st C.S.

Texas House Bill HB356 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S11683 YDB-F
2	2	By: White H.B. No. 356
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to monuments and memorials for Texas heroes and other
8	8	persons and events of historical significance; creating criminal
9	9	offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Texas Hero
12	12	Protection Act.
13	13	SECTION 2. Section 2166.501, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or
16	16	memorial for [Texas] heroes of a war or military conflict of Texas
17	17	or of the United States, including [the Confederate States of
18	18	America or] the Texas War for Independence, or to commemorate
19	19	another event or person of historical significance to Texans and
20	20	this state, may be erected on land owned or acquired by the state,
21	21	including land owned or acquired by an institution of higher
22	22	education, as defined by Section 61.003, Education Code, or, if a
23	23	suitable contract can be made for permanent preservation of the
24	24	monument or memorial, on private property or land owned by the
25	25	federal government, another state of the United States, or a
26	26	foreign country [or other states].
27	27	(b) The graves of Texas heroes [Texans] described by
28	28	Subsection (a) may be located and marked.
29	29	(c) The Texas Historical Commission, using existing
30	30	resources, may [commission shall] maintain a monument or memorial
31	31	erected by this state to commemorate the Texas War for Independence
32	32	and may maintain all other monuments described by Subsection (a)
33	33	that are erected on land described by that subsection [centenary of
34	34	Texas' independence].
35	35	(d) Before the erection of a new monument or memorial, the
36	36	Texas Historical Commission [commission] must approve [obtain the
37	37	approval of the Texas Historical Commission regarding] the form,
38	38	dimensions, and substance of, and inscriptions or illustrations on,
39	39	the monument or memorial.
40	40	SECTION 3. Sections 2166.5011(a) and (c), Government Code,
41	41	are amended to read as follows:
42	42	(a) In this section, "monument or memorial" means a
43	43	permanent monument, memorial, or other item officially designated
44	44	as an item of historical significance by a governmental entity
45	45	[designation], including a statue, portrait, plaque, seal, symbol,
46	46	tablet, building name, place name, or street name, that:
47	47	(1) is located on state property or other property
48	48	described by Section 2166.501(a); and
49	49	(2) honors a hero or event [citizen] of this state
50	50	described by Section 2166.501(a) for military, [or] war-related, or
51	51	other historical service or significance.
52	52	(c) A monument or memorial may be removed, relocated, or
53	53	altered in a manner otherwise provided by this code as necessary to
54	54	accommodate construction, repair, or improvements to the monument
55	55	or memorial or to the surrounding [state] property on which the
56	56	monument or memorial is located and as authorized by the Texas
57	57	Historical Commission. Any monument or memorial that is
58	58	permanently removed under this subsection must be relocated to an
59	59	equally [a] prominent location that is approved by the legislature,
60	60	the Texas Historical Commission, or the State Preservation Board or
61	61	approved as otherwise provided by state or federal law.
62	62	SECTION 4. Subchapter K, Chapter 2166, Government Code, is
63	63	amended by adding Section 2166.5012 to read as follows:
64	64	Sec. 2166.5012. CRIMINAL OFFENSE. (a) A person commits an
65	65	offense if the person intentionally removes, relocates, or alters a
66	66	monument or memorial in a manner that violates Section 2166.5011(b)
67	67	or (c).
68	68	(b) An offense under Subsection (a) is punishable by:
69	69	(1) a fine in an amount not less than $50 and not more
70	70	than $1,000; and
71	71	(2) confinement in jail for a term of not less than
72	72	three days and not more than one year.
73	73	SECTION 5. Subtitle B, Title 10, Local Government Code, is
74	74	amended by adding Chapter 328 to read as follows:
75	75	CHAPTER 328. MONUMENTS AND MEMORIALS
76	76	Sec. 328.001. DEFINITION. In this chapter, "monument or
77	77	memorial" means a permanent monument, memorial, or other item
78	78	officially designated as an item of historical significance by a
79	79	governmental entity, including a statue, portrait, plaque, seal,
80	80	symbol, tablet, building name, place name, or street name, located
81	81	on county property and that:
82	82	(1) honors a citizen of this state for military or
83	83	war-related service;
84	84	(2) honors heroes of a war or conflict of Texas or of
85	85	the United States, including the Texas War for Independence; or
86	86	(3) commemorates another event or person of historical
87	87	significance to this state.
88	88	Sec. 328.002. ESTABLISHMENT OF MONUMENT OR MEMORIAL. (a) A
89	89	monument or memorial may be erected on land owned or acquired by a
90	90	county of this state.
91	91	(b) Before the production of a new monument or memorial, the
92	92	Texas Historical Commission must approve the form, dimensions, and
93	93	substance of, and inscriptions or illustrations on, the monument or
94	94	memorial.
95	95	Sec. 328.003. REMOVAL, RELOCATION, OR ALTERATION OF
96	96	MONUMENT OR MEMORIAL. (a) Notwithstanding any other law, a
97	97	monument or memorial may be removed, relocated, or altered only by:
98	98	(1) the Texas Historical Commission;
99	99	(2) the State Preservation Board; or
100	100	(3) another person as provided by Subsection (b).
101	101	(b) A monument or memorial may be removed, relocated, or
102	102	altered in a manner otherwise provided by law as necessary to
103	103	accommodate construction, repair, or improvements to the monument
104	104	or memorial or to the surrounding county property on which the
105	105	monument or memorial is located. Any monument or memorial that is
106	106	permanently removed under this subsection must be relocated to a
107	107	prominent location that is approved by the Texas Historical
108	108	Commission or the State Preservation Board or as otherwise provided
109	109	by law.
110	110	Sec. 328.004. CRIMINAL OFFENSE. (a) A person commits an
111	111	offense if the person intentionally removes, relocates, or alters a
112	112	monument or memorial in a manner that violates Section 328.003.
113	113	(b) An offense under Subsection (a) is punishable by:
114	114	(1) a fine in an amount not less than $50 and not more
115	115	than $1,000; and
116	116	(2) confinement in jail for a term of not less than
117	117	three days and not more than one year.
118	118	SECTION 6. On the effective date of this Act, the duties
119	119	imposed on the Texas Facilities Commission under Section 2166.501,
120	120	Government Code, as it existed immediately before the effective
121	121	date of this Act, are transferred to the Texas Historical
122	122	Commission.
123	123	SECTION 7. This Act takes effect December 1, 2017.