86R6883 YDB-D
By: Biedermann H.B. No. 1836
A BILL TO BE ENTITLED
AN ACT
relating to the preservation, maintenance, and restoration of the
Alamo Cenotaph; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 31, Natural Resources
Code, is amended by adding Section 31.4515 to read as follows:
Sec. 31.4515. PRESERVATION, MAINTENANCE, AND RESTORATION
OF ALAMO CENOTAPH. (a) The legislature finds that:
(1) as part of the Texas Centennial celebration, the
44th Legislature:
(A) appropriated money to create and conduct
celebrations commemorating the heroic period of early Texas history
and celebrating a century of independence and progress for Texas as
a republic and state; and
(B) created a Commission of Control for Texas
Centennial celebrations to approve allocations of state
appropriated money and to apply for federal money for the
centennial celebrations to be spent under the direction and control
of the commission;
(2) from federal money granted to the state, the
Commission of Control commissioned construction of the Alamo
Cenotaph for the benefit of the state and the public to honor heroes
of the Alamo and other patriotic Texans; and
(3) on completion of the Alamo Cenotaph and its
placement on the north plot of the Alamo Plaza, title to the
cenotaph passed to the City of San Antonio conditioned on the city
using the cenotaph as a memorial in honor of the heroes of the Alamo
and only for that purpose.
(b) The land office has the power of eminent domain to
acquire in the manner provided by Chapter 21, Property Code, any
property necessary to preserve, maintain, and restore the Alamo
Cenotaph and to carry out the purposes of this section, including
the acquisition of the cenotaph and the land immediately underneath
and adjacent to the cenotaph.
(c) Subject to Subsection (e), the land office is
responsible for the preservation, maintenance, and restoration of
the Alamo Cenotaph and has jurisdiction over the land immediately
underneath and adjacent to the cenotaph. The land office shall
determine and officially designate a reasonable amount of land as
the land immediately underneath and adjacent to the cenotaph for
purposes of this section.
(d) Any power or duty related to the Alamo Cenotaph formerly
vested in another state agency or local governmental entity,
including the City of San Antonio, is vested solely in the land
office in accordance with this section.
(e) The governor, lieutenant governor, speaker of the house
of representatives, and land commissioner must unanimously approve
all major projects related to the preservation, maintenance, and
restoration of the Alamo Cenotaph, including any project that
requires movement of the cenotaph from its original location. The
cenotaph may not be moved to a location outside of the area that
comprised the original Alamo Plaza.
(f) A local governmental entity may not exercise any control
over the Alamo Cenotaph and the land immediately underneath and
adjacent to the cenotaph or move the cenotaph from its original
location in the Alamo Plaza.
(g) The land office shall allow the descendants of the
heroes of the Alamo access to the Alamo Cenotaph each year on March
6.
(h) A writ of mandamus and any other legal and equitable
remedy is available to a party in interest to require the land
office, a local governmental entity, and any other party to comply
with this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.