Texas 2019 - 86th Regular

Texas House Bill HB3948 Compare Versions

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

Old	New	Differences
1	1	86R11561 MTB-D
2	2	By: Toth H.B. No. 3948
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal, relocation, alteration, or construction of
8	8	certain monuments or memorials located on public property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 442.015(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) The commission may use distributions from the Texas
13	13	preservation trust fund account to provide financial assistance to
14	14	public or private entities for the acquisition, survey,
15	15	restoration, or preservation, or for planning and educational
16	16	activities leading to the preservation, of historic property in the
17	17	state that is listed in the National Register of Historic Places or
18	18	designated as a State Archeological Landmark or Recorded Texas
19	19	Historic Landmark, or that the commission determines is eligible
20	20	for such listing or designation or for the construction of a
21	21	monument or memorial described by Section 2166.5011(c) or by
22	22	Section 338.003, Local Government Code. The financial assistance
23	23	may be in the amount and form and according to the terms that the
24	24	commission by rule determines. The commission shall give priority
25	25	to property the commission determines to be endangered by
26	26	demolition, neglect, underuse, looting, vandalism, or other threat
27	27	to the property. Gifts and grants deposited to the credit of the
28	28	account specifically for any eligible projects may be used only for
29	29	the type of projects specified. If such a specification is not
30	30	made, the gift or grant shall be unencumbered and accrue to the
31	31	benefit of the Texas preservation trust fund account. If such a
32	32	specification is made, the entire amount of the gift or grant may be
33	33	used during any period for the project or type of project specified.
34	34	SECTION 2. Section 2166.5011, Government Code, is amended
35	35	to read as follows:
36	36	Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
37	37	CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
38	38	"monument or memorial" means a permanent monument, memorial, or
39	39	other designation, including a statue, portrait, plaque, seal,
40	40	symbol, cenotaph, building name, bridge name, park name, area name,
41	41	or street name, that:
42	42	(1) is located on state property; and
43	43	(2) honors an event or person of historic significance
44	44	[a citizen of this state for military or war-related service].
45	45	(b) Notwithstanding any other provision of this code, a
46	46	monument or memorial that is located on state property:
47	47	(1) for at least 40 years may not be removed,
48	48	relocated, or altered;
49	49	(2) for at least 20 years but less than 40 years may be
50	50	removed, relocated, or altered only by approval of a concurrent
51	51	resolution authorizing the removal, relocation, or alteration,
52	52	including alteration to maintain historical accuracy, by a
53	53	two-thirds vote of the members of each house of the legislature; or
54	54	(3) for less than 20 years may be removed, relocated,
55	55	or altered, including alteration to maintain historical accuracy,
56	56	only[:
57	57	[(1)] by the legislature[;
58	58	[(2) by the Texas Historical Commission;
59	59	[(3) by the State Preservation Board; or
60	60	[(4) as provided by Subsection (c)].
61	61	(c) An additional [A] monument or memorial may be added
62	62	[removed, relocated, or altered in a manner otherwise provided by
63	63	this code as necessary to accommodate construction, repair, or
64	64	improvements] to the [monument or memorial or to the] surrounding
65	65	state property on which a [the] monument or memorial is located to
66	66	complement or contrast with the monument or memorial. [Any monument
67	67	or memorial that is permanently removed under this subsection must
68	68	be relocated to a prominent location.]
69	69	(d) Notwithstanding Section 2166.003, this section applies
70	70	to a monument or memorial on property of an institution of higher
71	71	education, as defined by Section 61.003, Education Code.
72	72	SECTION 3. Subtitle C, Title 10, Local Government Code, is
73	73	amended by adding Chapter 338 to read as follows:
74	74	CHAPTER 338. MONUMENTS AND MEMORIALS
75	75	Sec. 338.001. DEFINITION. In this chapter, "monument or
76	76	memorial" means a permanent monument, memorial, or other
77	77	designation, including a statue, portrait, plaque, seal, symbol,
78	78	cenotaph, building name, bridge name, park name, area name, or
79	79	street name, that honors an event or person of historic
80	80	significance.
81	81	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
82	82	monument or memorial that is located on municipal or county
83	83	property:
84	84	(1) for at least 40 years may not be removed,
85	85	relocated, or altered;
86	86	(2) for at least 20 years but less than 40 years may be
87	87	removed, relocated, or altered, including alteration to maintain
88	88	historical accuracy, only by approval of a majority of the voters of
89	89	the municipality or county, as applicable, voting at an election
90	90	held for that purpose; or
91	91	(3) for less than 20 years may be removed, relocated,
92	92	or altered, including alteration to maintain historical accuracy,
93	93	only by the governing body of the municipality or the commissioners
94	94	court of the county, as applicable.
95	95	Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
96	96	additional monument or memorial may be added to the surrounding
97	97	municipal or county property on which a monument or memorial is
98	98	located to complement or contrast with the monument or memorial.
99	99	SECTION 4. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2019.