85S11683 YDB-F
By: White H.B. No. 356
A BILL TO BE ENTITLED
AN ACT
relating to monuments and memorials for Texas heroes and other
persons and events of historical significance; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Hero
Protection Act.
SECTION 2. Section 2166.501, Government Code, is amended to
read as follows:
Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or
memorial for [Texas] heroes of a war or military conflict of Texas
or of the United States, including [the Confederate States of
America or] the Texas War for Independence, or to commemorate
another event or person of historical significance to Texans and
this state, may be erected on land owned or acquired by the state,
including land owned or acquired by an institution of higher
education, as defined by Section 61.003, Education Code, or, if a
suitable contract can be made for permanent preservation of the
monument or memorial, on private property or land owned by the
federal government, another state of the United States, or a
foreign country [or other states].
(b) The graves of Texas heroes [Texans] described by
Subsection (a) may be located and marked.
(c) The Texas Historical Commission, using existing
resources, may [commission shall] maintain a monument or memorial
erected by this state to commemorate the Texas War for Independence
and may maintain all other monuments described by Subsection (a)
that are erected on land described by that subsection [centenary of
Texas' independence].
(d) Before the erection of a new monument or memorial, the
Texas Historical Commission [commission] must approve [obtain the
approval of the Texas Historical Commission regarding] the form,
dimensions, and substance of, and inscriptions or illustrations on,
the monument or memorial.
SECTION 3. Sections 2166.5011(a) and (c), Government Code,
are amended to read as follows:
(a) In this section, "monument or memorial" means a
permanent monument, memorial, or other item officially designated
as an item of historical significance by a governmental entity
[designation], including a statue, portrait, plaque, seal, symbol,
tablet, building name, place name, or street name, that:
(1) is located on state property or other property
described by Section 2166.501(a); and
(2) honors a hero or event [citizen] of this state
described by Section 2166.501(a) for military, [or] war-related, or
other historical service or significance.
(c) A monument or memorial may be removed, relocated, or
altered in a manner otherwise provided by this code as necessary to
accommodate construction, repair, or improvements to the monument
or memorial or to the surrounding [state] property on which the
monument or memorial is located and as authorized by the Texas
Historical Commission. Any monument or memorial that is
permanently removed under this subsection must be relocated to an
equally [a] prominent location that is approved by the legislature,
the Texas Historical Commission, or the State Preservation Board or
approved as otherwise provided by state or federal law.
SECTION 4. Subchapter K, Chapter 2166, Government Code, is
amended by adding Section 2166.5012 to read as follows:
Sec. 2166.5012. CRIMINAL OFFENSE. (a) A person commits an
offense if the person intentionally removes, relocates, or alters a
monument or memorial in a manner that violates Section 2166.5011(b)
or (c).
(b) An offense under Subsection (a) is punishable by:
(1) a fine in an amount not less than $50 and not more
than $1,000; and
(2) confinement in jail for a term of not less than
three days and not more than one year.
SECTION 5. Subtitle B, Title 10, Local Government Code, is
amended by adding Chapter 328 to read as follows:
CHAPTER 328. MONUMENTS AND MEMORIALS
Sec. 328.001. DEFINITION. In this chapter, "monument or
memorial" means a permanent monument, memorial, or other item
officially designated as an item of historical significance by a
governmental entity, including a statue, portrait, plaque, seal,
symbol, tablet, building name, place name, or street name, located
on county property and that:
(1) honors a citizen of this state for military or
war-related service;
(2) honors heroes of a war or conflict of Texas or of
the United States, including the Texas War for Independence; or
(3) commemorates another event or person of historical
significance to this state.
Sec. 328.002. ESTABLISHMENT OF MONUMENT OR MEMORIAL. (a) A
monument or memorial may be erected on land owned or acquired by a
county of this state.
(b) Before the production of a new monument or memorial, the
Texas Historical Commission must approve the form, dimensions, and
substance of, and inscriptions or illustrations on, the monument or
memorial.
Sec. 328.003. REMOVAL, RELOCATION, OR ALTERATION OF
MONUMENT OR MEMORIAL. (a) Notwithstanding any other law, a
monument or memorial may be removed, relocated, or altered only by:
(1) the Texas Historical Commission;
(2) the State Preservation Board; or
(3) another person as provided by Subsection (b).
(b) A monument or memorial may be removed, relocated, or
altered in a manner otherwise provided by law as necessary to
accommodate construction, repair, or improvements to the monument
or memorial or to the surrounding county property on which the
monument or memorial is located. Any monument or memorial that is
permanently removed under this subsection must be relocated to a
prominent location that is approved by the Texas Historical
Commission or the State Preservation Board or as otherwise provided
by law.
Sec. 328.004. CRIMINAL OFFENSE. (a) A person commits an
offense if the person intentionally removes, relocates, or alters a
monument or memorial in a manner that violates Section 328.003.
(b) An offense under Subsection (a) is punishable by:
(1) a fine in an amount not less than $50 and not more
than $1,000; and
(2) confinement in jail for a term of not less than
three days and not more than one year.
SECTION 6. On the effective date of this Act, the duties
imposed on the Texas Facilities Commission under Section 2166.501,
Government Code, as it existed immediately before the effective
date of this Act, are transferred to the Texas Historical
Commission.
SECTION 7. This Act takes effect December 1, 2017.