| 1 | 1 | | 86R6883 YDB-D |
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| 2 | 2 | | By: Biedermann H.B. No. 1836 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the preservation, maintenance, and restoration of the |
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| 8 | 8 | | Alamo Cenotaph; granting the power of eminent domain. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter I, Chapter 31, Natural Resources |
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| 11 | 11 | | Code, is amended by adding Section 31.4515 to read as follows: |
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| 12 | 12 | | Sec. 31.4515. PRESERVATION, MAINTENANCE, AND RESTORATION |
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| 13 | 13 | | OF ALAMO CENOTAPH. (a) The legislature finds that: |
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| 14 | 14 | | (1) as part of the Texas Centennial celebration, the |
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| 15 | 15 | | 44th Legislature: |
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| 16 | 16 | | (A) appropriated money to create and conduct |
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| 17 | 17 | | celebrations commemorating the heroic period of early Texas history |
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| 18 | 18 | | and celebrating a century of independence and progress for Texas as |
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| 19 | 19 | | a republic and state; and |
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| 20 | 20 | | (B) created a Commission of Control for Texas |
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| 21 | 21 | | Centennial celebrations to approve allocations of state |
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| 22 | 22 | | appropriated money and to apply for federal money for the |
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| 23 | 23 | | centennial celebrations to be spent under the direction and control |
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| 24 | 24 | | of the commission; |
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| 25 | 25 | | (2) from federal money granted to the state, the |
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| 26 | 26 | | Commission of Control commissioned construction of the Alamo |
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| 27 | 27 | | Cenotaph for the benefit of the state and the public to honor heroes |
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| 28 | 28 | | of the Alamo and other patriotic Texans; and |
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| 29 | 29 | | (3) on completion of the Alamo Cenotaph and its |
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| 30 | 30 | | placement on the north plot of the Alamo Plaza, title to the |
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| 31 | 31 | | cenotaph passed to the City of San Antonio conditioned on the city |
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| 32 | 32 | | using the cenotaph as a memorial in honor of the heroes of the Alamo |
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| 33 | 33 | | and only for that purpose. |
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| 34 | 34 | | (b) The land office has the power of eminent domain to |
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| 35 | 35 | | acquire in the manner provided by Chapter 21, Property Code, any |
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| 36 | 36 | | property necessary to preserve, maintain, and restore the Alamo |
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| 37 | 37 | | Cenotaph and to carry out the purposes of this section, including |
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| 38 | 38 | | the acquisition of the cenotaph and the land immediately underneath |
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| 39 | 39 | | and adjacent to the cenotaph. |
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| 40 | 40 | | (c) Subject to Subsection (e), the land office is |
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| 41 | 41 | | responsible for the preservation, maintenance, and restoration of |
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| 42 | 42 | | the Alamo Cenotaph and has jurisdiction over the land immediately |
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| 43 | 43 | | underneath and adjacent to the cenotaph. The land office shall |
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| 44 | 44 | | determine and officially designate a reasonable amount of land as |
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| 45 | 45 | | the land immediately underneath and adjacent to the cenotaph for |
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| 46 | 46 | | purposes of this section. |
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| 47 | 47 | | (d) Any power or duty related to the Alamo Cenotaph formerly |
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| 48 | 48 | | vested in another state agency or local governmental entity, |
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| 49 | 49 | | including the City of San Antonio, is vested solely in the land |
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| 50 | 50 | | office in accordance with this section. |
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| 51 | 51 | | (e) The governor, lieutenant governor, speaker of the house |
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| 52 | 52 | | of representatives, and land commissioner must unanimously approve |
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| 53 | 53 | | all major projects related to the preservation, maintenance, and |
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| 54 | 54 | | restoration of the Alamo Cenotaph, including any project that |
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| 55 | 55 | | requires movement of the cenotaph from its original location. The |
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| 56 | 56 | | cenotaph may not be moved to a location outside of the area that |
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| 57 | 57 | | comprised the original Alamo Plaza. |
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| 58 | 58 | | (f) A local governmental entity may not exercise any control |
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| 59 | 59 | | over the Alamo Cenotaph and the land immediately underneath and |
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| 60 | 60 | | adjacent to the cenotaph or move the cenotaph from its original |
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| 61 | 61 | | location in the Alamo Plaza. |
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| 62 | 62 | | (g) The land office shall allow the descendants of the |
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| 63 | 63 | | heroes of the Alamo access to the Alamo Cenotaph each year on March |
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| 64 | 64 | | 6. |
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| 65 | 65 | | (h) A writ of mandamus and any other legal and equitable |
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| 66 | 66 | | remedy is available to a party in interest to require the land |
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| 67 | 67 | | office, a local governmental entity, and any other party to comply |
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| 68 | 68 | | with this section. |
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| 69 | 69 | | SECTION 2. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2019. |
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