Texas 2019 - 86th Regular

Texas House Bill HB2648 Compare Versions

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

Old	New	Differences
1	1	By: Biedermann H.B. No. 2648
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to maintaining certain monuments and memorials and the
7	7	names of certain public institutions; providing civil penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Texas Historical
10	10	Protection Act.
11	11	SECTION 2. Subchapter F, Chapter 11, Education Code, is
12	12	amended by adding Sections 11.256 and 11.257 to read as follows:
13	13	Sec. 11.256. DISTRICT AND CAMPUS NAME CHANGES. (a) If a
14	14	school district or campus has operated under its current name for at
15	15	least 20 years, the name may be changed only by approval of a
16	16	majority of the voters of the school district voting at an election
17	17	held for that purpose.
18	18	(b) No public funds may be expended to change the name of a
19	19	district or campus under this section.
20	20	Sec. 11.257. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL PENALTY
21	21	AND INJUNCTION. (a) The attorney general may institute an action
22	22	in district court to:
23	23	(1) recover a civil penalty for a violation of Section
24	24	11.256(a); and
25	25	(2) seek equitable relief to enjoin the violation.
26	26	(b) A school district or campus that violates Section
27	27	11.256(a) is subject to a civil penalty of $1,000 for each
28	28	violation. Each day a violation continues is a separate violation
29	29	for purposes of a civil penalty assessed under this section.
30	30	(c) A civil penalty collected under this section shall be
31	31	deposited to the credit of the general revenue fund.
32	32	SECTION 3. Section 2166.5011, Government Code, is amended
33	33	by amending Subsections (a) and (b) and adding Subsections (d) and
34	34	(e) to read as follows:
35	35	(a) In this section, "monument or memorial" means a
36	36	permanent monument, memorial, or other designation, including a
37	37	statue, portrait, plaque, seal, symbol, building name, bridge name,
38	38	park name, area name, school name, or street name, that:
39	39	(1) is located on state property; and
40	40	(2) honors an event or person of historical
41	41	significance [a citizen of this state for military or war-related
42	42	service].
43	43	(b) Notwithstanding any other provision of this code and
44	44	except as provided by Subsection (c), a monument or memorial that
45	45	has been located on state property:
46	46	(1) for at least 20 years may be removed, relocated, or
47	47	altered only by approval of a concurrent resolution authorizing the
48	48	removal, relocation, or alteration by a two-thirds vote of the
49	49	members of each house of the legislature; or
50	50	(2) for less than 20 years may be removed, relocated,
51	51	or altered only by:
52	52	(A) [(1) by] the legislature;
53	53	(B) [(2) by] the Texas Historical Commission; or
54	54	(C) [(3) by] the State Preservation Board[; or
55	55	[(4) as provided by Subsection (c)].
56	56	(d) Notwithstanding Section 2166.003, this section applies
57	57	to a monument or memorial on the property of an institution of
58	58	higher education as defined by Section 61.003, Education Code.
59	59	(e) Except as provided by Subsection (c), no public funds
60	60	may be expended to remove, relocate, or alter a monument or memorial
61	61	under this section.
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. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL
65	65	PENALTY AND INJUNCTION. (a) The attorney general may institute an
66	66	action in district court to:
67	67	(1) recover a civil penalty for a violation of Section
68	68	2166.5011(b); and
69	69	(2) seek equitable relief to enjoin the violation.
70	70	(b) An entity that violates Section 2166.5011(b) is subject
71	71	to a civil penalty of $1,000 for each violation. Each day a
72	72	violation continues is a separate violation for purposes of a civil
73	73	penalty assessed under this section.
74	74	(c) A civil penalty collected under this section shall be
75	75	deposited to the credit of the general revenue fund.
76	76	SECTION 5. Subtitle C, Title 10, Local Government Code, is
77	77	amended by adding Chapter 338 to read as follows:
78	78	CHAPTER 338. MONUMENTS AND MEMORIALS
79	79	Sec. 338.001. DEFINITION. In this chapter, "monument or
80	80	memorial" means a permanent monument, memorial, or other
81	81	designation, including a statue, portrait, plaque, seal, symbol,
82	82	building name, bridge name, park name, area name, or street name,
83	83	that honors an event or person of historical significance.
84	84	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION OF
85	85	MONUMENT OR MEMORIAL. (a) Except as provided by Section 338.003, a
86	86	monument or memorial that has been located on municipal or county
87	87	property for at least 20 years may be removed, relocated, or altered
88	88	only by approval of a majority of the voters of the municipality or
89	89	county, as applicable, voting at an election held for that purpose.
90	90	(b) No public funds may be expended to remove, relocate, or
91	91	alter a monument or memorial under this section.
92	92	Sec. 338.003. CONSTRUCTION, REPAIR, OR IMPROVEMENTS. (a)
93	93	A monument or memorial that is located on municipal or county
94	94	property may be removed, relocated, or altered as necessary to
95	95	accommodate construction, repair, or improvements to the monument
96	96	or memorial or to the surrounding property on which the monument or
97	97	memorial is located.
98	98	(b) Any monument or memorial that is permanently removed
99	99	under this section must be relocated to a prominent location.
100	100	Sec. 338.004. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL
101	101	PENALTY AND INJUNCTION. (a) The attorney general may institute an
102	102	action in district court to:
103	103	(1) recover a civil penalty for a violation of Section
104	104	338.002(a); and
105	105	(2) seek equitable relief to enjoin the violation.
106	106	(b) A municipality or county that violates Section
107	107	338.002(a) is subject to a civil penalty of $1,000 for each
108	108	violation. Each day a violation continues is a separate violation
109	109	for purposes of a civil penalty assessed under this section.
110	110	(c) A civil penalty collected under this section shall be
111	111	deposited to the credit of the general revenue fund.
112	112	SECTION 6. (a) Section 11.256, Education Code, as added by
113	113	this Act, applies only to a school district or campus name change
114	114	made on or after the effective date of this Act. A name change made
115	115	before the effective date of this Act is governed by the law in
116	116	effect immediately before that date, and that law is continued in
117	117	effect for that purpose.
118	118	(b) Section 2166.5011, Government Code, as amended by this
119	119	Act, applies only to a monument or memorial removed, relocated, or
120	120	altered on or after the effective date of this Act. A monument or
121	121	memorial removed, relocated, or altered before the effective date
122	122	of this Act is governed by the law in effect immediately before that
123	123	date, and that law is continued in effect for that purpose.
124	124	(c) Chapter 338, Local Government Code, as added by this
125	125	Act, applies only to a monument or memorial removed, relocated, or
126	126	altered on or after the effective date of this Act. A monument or
127	127	memorial removed, relocated, or altered before the effective date
128	128	of this Act is governed by the law in effect immediately before that
129	129	date, and that law is continued in effect for that purpose.
130	130	SECTION 7. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2019.