TX
Texas House Bill HB583

Texas 2019 - 86th Regular

Texas House Bill HB583 Compare Versions

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1-86R23836 MTB-F
2- By: White, Toth, Hefner, et al. H.B. No. 583
3- Substitute the following for H.B. No. 583:
4- By: Cyrier C.S.H.B. No. 583
1+86R1802 YDB-F
2+ By: White H.B. No. 583
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the removal, relocation, alteration, or construction of
10- certain monuments or memorials located on public property;
11- providing civil penalties.
7+ relating to monuments and memorials for Texas heroes and other
8+ persons and events of historical significance; creating criminal
9+ offenses.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Section 442.015(b), Government Code, is amended
14- to read as follows:
15- (b) The commission may use distributions from the Texas
16- preservation trust fund account to provide financial assistance to
17- public or private entities for the acquisition, survey,
18- restoration, or preservation, or for planning and educational
19- activities leading to the preservation, of historic property in the
20- state that is listed in the National Register of Historic Places or
21- designated as a State Archeological Landmark or Recorded Texas
22- Historic Landmark, or that the commission determines is eligible
23- for such listing or designation or for the construction of a
24- monument or memorial described by Section 2166.5011(c) or by
25- Section 338.003, Local Government Code. The financial assistance
26- may be in the amount and form and according to the terms that the
27- commission by rule determines. The commission shall give priority
28- to property the commission determines to be endangered by
29- demolition, neglect, underuse, looting, vandalism, or other threat
30- to the property. Gifts and grants deposited to the credit of the
31- account specifically for any eligible projects may be used only for
32- the type of projects specified. If such a specification is not
33- made, the gift or grant shall be unencumbered and accrue to the
34- benefit of the Texas preservation trust fund account. If such a
35- specification is made, the entire amount of the gift or grant may be
36- used during any period for the project or type of project specified.
37- SECTION 2. Section 2166.5011, Government Code, is amended
38- to read as follows:
39- Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
40- CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
41- "monument or memorial" means a permanent monument, memorial, or
42- other designation, including a statue, portrait, plaque, seal,
43- symbol, building name, bridge name, park name, area name, or street
44- name, that:
45- (1) is located on state property; and
46- (2) honors an event or person of historic significance
47- [a citizen of this state for military or war-related service].
48- (b) Notwithstanding any other provision of this code, a
49- monument or memorial that is located on state property:
50- (1) for at least 40 years may not be removed,
51- relocated, or altered;
52- (2) for at least 20 years but less than 40 years may be
53- removed, relocated, or altered only by approval of a concurrent
54- resolution authorizing the removal, relocation, or alteration,
55- including alteration to maintain historical accuracy, by a
56- two-thirds vote of the members of each house of the legislature; or
57- (3) for less than 20 years may be removed, relocated,
58- or altered, including alteration to maintain historical accuracy,
59- only[:
60- [(1)] by the legislature[;
61- [(2) by the Texas Historical Commission;
62- [(3) by the State Preservation Board; or
63- [(4) as provided by Subsection (c)].
64- (c) An additional [A] monument or memorial may be added
65- [removed, relocated, or altered in a manner otherwise provided by
66- this code as necessary to accommodate construction, repair, or
67- improvements] to the [monument or memorial or to the] surrounding
68- state property on which a [the] monument or memorial is located to
69- complement or contrast with the monument or memorial. [Any monument
70- or memorial that is permanently removed under this subsection must
71- be relocated to a prominent location.]
72- SECTION 3. Subchapter K, Chapter 2166, Government Code, is
73- amended by adding Section 2166.5015 to read as follows:
74- Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL
75- PENALTY. (a) A resident of this state may file a complaint with the
76- attorney general if the resident asserts facts supporting an
77- allegation that an entity has violated Section 2166.5011(b). The
78- resident must include a sworn statement with the complaint stating
79- that to the best of the resident's knowledge all of the facts
80- asserted in the complaint are true and correct.
81- (b) If the attorney general determines that a complaint
82- filed under Subsection (a) against an entity is valid, the attorney
83- general may file a petition for a writ of mandamus or apply for
84- other appropriate equitable relief in a district court in Travis
85- County to compel the entity that is suspected of violating Section
86- 2166.5011(b) to comply with that subsection.
87- (c) An entity that is found by a court as having
88- intentionally violated Section 2166.5011(b) is subject to a civil
89- penalty in an amount of:
90- (1) not less than $1,000 and not more than $1,500 for
91- the first violation; and
92- (2) not less than $25,000 and not more than $25,500 for
93- each subsequent violation.
94- (d) Each day of a continuing violation of Section
95- 2166.5011(b) constitutes a separate violation for purposes of a
96- civil penalty under this section.
97- (e) The court that hears an action brought under this
98- section against an entity shall determine the amount of the civil
99- penalty.
100- (f) A civil penalty collected under this section shall be
101- deposited to the credit of the general revenue fund.
102- (g) Sovereign immunity of this state to suit is waived and
103- abolished to the extent of liability created by this section.
104- SECTION 4. Subtitle C, Title 10, Local Government Code, is
105- amended by adding Chapter 338 to read as follows:
106- CHAPTER 338. MONUMENTS AND MEMORIALS
107- Sec. 338.001. DEFINITION. In this chapter, "monument or
108- memorial" means a permanent monument, memorial, or other
109- designation, including a statue, portrait, plaque, seal, symbol,
110- building name, bridge name, park name, area name, or street name,
111- that honors an event or person of historic significance.
112- Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
113- monument or memorial that is located on municipal or county
114- property:
115- (1) for at least 40 years may not be removed,
116- relocated, or altered;
117- (2) for at least 20 years but less than 40 years may be
118- removed, relocated, or altered, including alteration to maintain
119- historical accuracy, only by approval of a majority of the voters of
120- the municipality or county, as applicable, voting at an election
121- held for that purpose; or
122- (3) for less than 20 years may be removed, relocated,
123- or altered, including alteration to maintain historical accuracy,
124- only by the governing body of the municipality or the commissioners
125- court of the county, as applicable.
126- Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
127- additional monument or memorial may be added to the surrounding
128- municipal or county property on which a monument or memorial is
129- located to complement or contrast with the monument or memorial.
130- Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
131- (a) A resident of a municipality or county, as applicable, may file
132- a complaint with the attorney general if the resident asserts facts
133- supporting an allegation that the municipality or county has
134- violated Section 338.002. The resident must include a sworn
135- statement with the complaint stating that to the best of the
136- resident's knowledge all of the facts asserted in the complaint are
137- true and correct.
138- (b) If the attorney general determines that a complaint
139- filed under Subsection (a) against a municipality or county is
140- valid, the attorney general may file a petition for a writ of
141- mandamus or apply for other appropriate equitable relief in a
142- district court in Travis County or in the county in which the
143- suspected violation of Section 338.002 is alleged to have occurred
144- to compel the municipality or county to comply with that section.
145- (c) A municipality or county that is found by a court as
146- having intentionally violated Section 338.002 is subject to a civil
147- penalty in an amount of:
148- (1) not less than $1,000 and not more than $1,500 for
149- the first violation; and
150- (2) not less than $25,000 and not more than $25,500 for
151- each subsequent violation.
152- (d) Each day of a continuing violation of Section 338.002
153- constitutes a separate violation for purposes of a civil penalty
154- under this section.
155- (e) The court that hears an action brought under this
156- section against a municipality or county shall determine the
157- amount of the civil penalty.
158- (f) A civil penalty collected under this section shall be
159- deposited to the credit of the general revenue fund.
160- (g) Sovereign immunity of this state and governmental
161- immunity of a county or municipality to suit is waived and abolished
162- to the extent of liability created by this section.
163- SECTION 5. This Act takes effect immediately if it receives
164- a vote of two-thirds of all the members elected to each house, as
165- provided by Section 39, Article III, Texas Constitution. If this
166- Act does not receive the vote necessary for immediate effect, this
167- Act takes effect September 1, 2019.
11+ SECTION 1. This Act may be cited as the Texas Hero
12+ Protection Act.
13+ SECTION 2. Section 2166.501, Government Code, is amended to
14+ read as follows:
15+ Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or
16+ memorial for [Texas] heroes of a war or military conflict of Texas
17+ or of the United States, including [the Confederate States of
18+ America or] the Texas War for Independence, or to commemorate
19+ another event or person of historical significance to Texans and
20+ this state, may be erected on land owned or acquired by the state,
21+ including land owned or acquired by an institution of higher
22+ education, as defined by Section 61.003, Education Code, or, if a
23+ suitable contract can be made for permanent preservation of the
24+ monument or memorial, on private property or land owned by the
25+ federal government, another state of the United States, or a
26+ foreign country [or other states].
27+ (b) The graves of heroes [Texans] described by Subsection
28+ (a) may be located and marked.
29+ (c) The Texas Historical Commission [commission] shall
30+ maintain a monument or memorial erected by this state to
31+ commemorate the Texas War for Independence and all other monuments
32+ described by Subsection (a) that are erected on land described by
33+ that subsection [centenary of Texas' independence].
34+ (d) Before the erection of a new monument or memorial, the
35+ Texas Historical Commission [commission] must approve [obtain the
36+ approval of the Texas Historical Commission regarding] the form,
37+ dimensions, and substance of, and inscriptions or illustrations on,
38+ the monument or memorial.
39+ SECTION 3. Sections 2166.5011(a) and (c), Government Code,
40+ are amended to read as follows:
41+ (a) In this section, "monument or memorial" means a
42+ permanent monument, memorial, or other item officially designated
43+ by a governmental entity as an item of historical significance
44+ [designation], including a statue, portrait, plaque, seal, symbol,
45+ tablet, building name, place name, or street name, that:
46+ (1) is located on state property or other property
47+ described by Section 2166.501(a); and
48+ (2) commemorates an event or person described by
49+ Section 2166.501(a) [honors a citizen of this state] for military,
50+ [or] war-related, or other historical service or significance.
51+ (c) A monument or memorial may be removed, relocated, or
52+ altered in a manner otherwise provided by this code as necessary to
53+ accommodate construction, repair, or improvements to the monument
54+ or memorial or to the surrounding [state] property on which the
55+ monument or memorial is located and as authorized by the Texas
56+ Historical Commission. Any monument or memorial that is
57+ permanently removed under this subsection must be relocated to an
58+ equally [a] prominent location that is approved by the legislature,
59+ the Texas Historical Commission, or the State Preservation Board or
60+ approved as otherwise provided by law.
61+ SECTION 4. Subchapter K, Chapter 2166, Government Code, is
62+ amended by adding Section 2166.5012 to read as follows:
63+ Sec. 2166.5012. CRIMINAL OFFENSE. (a) A person commits an
64+ offense if the person intentionally removes, relocates, or alters a
65+ monument or memorial in a manner that violates Section 2166.5011(b)
66+ or (c).
67+ (b) An offense under Subsection (a) is punishable by:
68+ (1) a fine in an amount not less than $50 and not more
69+ than $1,000; and
70+ (2) confinement in jail for a term of not less than
71+ three days and not more than one year.
72+ SECTION 5. Subtitle B, Title 10, Local Government Code, is
73+ amended by adding Chapter 328 to read as follows:
74+ CHAPTER 328. MONUMENTS AND MEMORIALS
75+ Sec. 328.001. DEFINITION. In this chapter, "monument or
76+ memorial" means a permanent monument, memorial, or other item
77+ officially designated by a governmental entity as an item of
78+ historical significance, including a statue, portrait, plaque,
79+ seal, symbol, tablet, building name, place name, or street name,
80+ located on county property and that:
81+ (1) honors a citizen of this state for military or
82+ war-related service;
83+ (2) honors heroes of a war or military conflict of
84+ Texas or of the United States, including the Texas War for
85+ Independence; or
86+ (3) commemorates another event or person of historical
87+ significance to this state.
88+ Sec. 328.002. ESTABLISHMENT OF MONUMENT OR MEMORIAL. (a) A
89+ monument or memorial may be erected on land owned or acquired by a
90+ county of this state.
91+ (b) Before the production of a new monument or memorial, the
92+ Texas Historical Commission must approve the form, dimensions, and
93+ substance of, and inscriptions or illustrations on, the monument or
94+ memorial.
95+ Sec. 328.003. REMOVAL, RELOCATION, OR ALTERATION OF
96+ MONUMENT OR MEMORIAL. (a) Notwithstanding any other law, a
97+ monument or memorial may be removed, relocated, or altered only by:
98+ (1) the Texas Historical Commission;
99+ (2) the State Preservation Board; or
100+ (3) another person as provided by Subsection (b).
101+ (b) A monument or memorial may be removed, relocated, or
102+ altered in a manner otherwise provided by law as necessary to
103+ accommodate construction, repair, or improvements to the monument
104+ or memorial or to the surrounding county property on which the
105+ monument or memorial is located and as authorized by the Texas
106+ Historical Commission. Any monument or memorial that is
107+ permanently removed under this subsection must be relocated to an
108+ equally prominent location that is approved by the Texas Historical
109+ Commission or the State Preservation Board or as otherwise provided
110+ by law.
111+ Sec. 328.004. CRIMINAL OFFENSE. (a) A person commits an
112+ offense if the person intentionally removes, relocates, or alters a
113+ monument or memorial in a manner that violates Section 328.003.
114+ (b) An offense under Subsection (a) is punishable by:
115+ (1) a fine in an amount not less than $50 and not more
116+ than $1,000; and
117+ (2) confinement in jail for a term of not less than
118+ three days and not more than one year.
119+ SECTION 6. Section 2166.502, Government Code, is repealed.
120+ SECTION 7. On the effective date of this Act, the duties
121+ imposed on the Texas Facilities Commission under Section 2166.501,
122+ Government Code, as that section existed immediately before the
123+ effective date of this Act, are transferred to the Texas Historical
124+ Commission.
125+ SECTION 8. This Act takes effect September 1, 2019.