By: Creighton S.B. No. 1663
(In the Senate - Filed March 6, 2019; March 14, 2019, read
first time and referred to Committee on Natural Resources &
Economic Development; April 26, 2019, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 4; April 26, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1663 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to the removal, relocation, alteration, or construction of
certain monuments, memorials, or designations located on public
property; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.015(b), Government Code, is amended
to read as follows:
(b) The commission may use distributions from the Texas
preservation trust fund account to provide financial assistance to
public or private entities for the acquisition, survey,
restoration, or preservation, or for planning and educational
activities leading to the preservation, of historic property in the
state that is listed in the National Register of Historic Places or
designated as a State Archeological Landmark or Recorded Texas
Historic Landmark, or that the commission determines is eligible
for such listing or designation or for the construction of a
monument or memorial described by Section 2166.5011(c) or by
Section 338.003, Local Government Code. The financial assistance
may be in the amount and form and according to the terms that the
commission by rule determines. The commission shall give priority
to property the commission determines to be endangered by
demolition, neglect, underuse, looting, vandalism, or other threat
to the property. Gifts and grants deposited to the credit of the
account specifically for any eligible projects may be used only for
the type of projects specified. If such a specification is not
made, the gift or grant shall be unencumbered and accrue to the
benefit of the Texas preservation trust fund account. If such a
specification is made, the entire amount of the gift or grant may be
used during any period for the project or type of project specified.
SECTION 2. Section 2166.5011, Government Code, is amended
to read as follows:
Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
"monument or memorial" means a permanent monument, memorial, or
other designation, including a statue, portrait, plaque, seal,
symbol, cenotaph, building name, bridge name, park name, area name,
or street name, that:
(1) is located on state property; and
(2) honors an event or person of historic significance
[a citizen of this state for military or war-related service].
(b) Notwithstanding any other provision of this code and
except as provided by Section 2166.5012, a monument or memorial
that has been located on state property:
(1) for at least 25 years may be removed, relocated, or
altered only by approval of a concurrent resolution authorizing the
removal, relocation, or alteration, including alteration to
maintain historical accuracy, by a two-thirds vote of the members
of each house of the legislature; or
(2) for less than 25 years may be removed, relocated,
or altered, including alteration to maintain historical accuracy,
only by formal action of the governing body of or the single state
officer who governs the state agency that erected the monument or
memorial[:
[(1) by the legislature;
[(2) by the Texas Historical Commission;
[(3) by the State Preservation Board; or
[(4) as provided by Subsection (c)].
(c) An additional [A] monument or memorial may be added
[removed, relocated, or altered in a manner otherwise provided by
this code as necessary to accommodate construction, repair, or
improvements] to the [monument or memorial or to the] surrounding
state property on which a [the] monument or memorial is located to
complement or contrast with the monument or memorial. [Any monument
or memorial that is permanently removed under this subsection must
be relocated to a prominent location.]
(d) Notwithstanding Section 2166.003, this section applies
to a monument or memorial on property of an institution of higher
education, as defined by Section 61.003, Education Code.
SECTION 3. Subchapter K, Chapter 2166, Government Code, is
amended by adding Sections 2166.5012 and 2166.5015 to read as
follows:
Sec. 2166.5012. CERTAIN DESIGNATIONS BY INSTITUTIONS OF
HIGHER EDUCATION. (a) In this section:
(1) "Designation" includes a designation of a
portrait, plaque, seal, symbol, building name, bridge name, park
name, area name, or street name.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(b) Notwithstanding Section 2166.003, an institution of
higher education may rename or alter a designation only if:
(1) the governing board of the institution of higher
education has previously adopted rules providing for the naming,
renaming, or altering of a designation in recognition of
philanthropic gifts to the institution; and
(2) the renaming or alteration is approved by the
governing board.
Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL
PENALTY. (a) A resident of this state may file a complaint with
the attorney general if the resident asserts facts supporting an
allegation that an entity has violated Section 2166.5011(b) or
2166.5012. The resident must include a sworn statement with the
complaint stating that to the best of the resident's knowledge all
of the facts asserted in the complaint are true and correct.
(b) If the attorney general determines that a complaint
filed under Subsection (a) against an entity is valid, the attorney
general may file a petition for a writ of mandamus or apply for
other appropriate equitable relief in a district court in Travis
County to compel the entity that is suspected of violating Section
2166.5011(b) or 2166.5012 to comply with those sections.
(c) An entity that is found by a court as having
intentionally violated Section 2166.5011(b) or 2166.5012 is
subject to a civil penalty in an amount of:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $25,000 and not more than $25,500 for
each subsequent violation.
(d) Each day of a continuing violation of Section
2166.5011(b) or 2166.5012 constitutes a separate violation for
purposes of a civil penalty under this section.
(e) The court that hears an action brought under this
section against an entity shall determine the amount of the civil
penalty.
(f) A civil penalty collected under this section shall be
deposited to the credit of the general revenue fund.
(g) Sovereign immunity of this state to suit is waived and
abolished to the extent of liability created by this section.
SECTION 4. Subtitle C, Title 10, Local Government Code, is
amended by adding Chapter 338 to read as follows:
CHAPTER 338. MONUMENTS AND MEMORIALS
Sec. 338.001. DEFINITION. In this chapter, "monument or
memorial" means a permanent monument, memorial, or other
designation, including a statue, portrait, plaque, seal, symbol,
cenotaph, building name, bridge name, park name, area name, or
street name, that honors an event or person of historic
significance.
Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
monument or memorial that has been located on municipal or county
property:
(1) for at least 25 years may be removed, relocated, or
altered, including alteration to maintain historical accuracy,
only by approval of a majority of the voters of the municipality or
county, as applicable, voting at an election held for that purpose;
or
(2) for less than 25 years may be removed, relocated,
or altered, including alteration to maintain historical accuracy,
only by the governing body of the municipality or the commissioners
court of the county, as applicable.
Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
additional monument or memorial may be added to the surrounding
municipal or county property on which a monument or memorial is
located to complement or contrast with the monument or memorial.
Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
(a) A resident of a municipality or county, as applicable, may
file a complaint with the attorney general if the resident asserts
facts supporting an allegation that the municipality or county has
violated Section 338.002. The resident must include a sworn
statement with the complaint stating that to the best of the
resident's knowledge all of the facts asserted in the complaint are
true and correct.
(b) If the attorney general determines that a complaint
filed under Subsection (a) against a municipality or county is
valid, the attorney general may file a petition for a writ of
mandamus or apply for other appropriate equitable relief in a
district court in Travis County or in the county in which the
suspected violation of Section 338.002 is alleged to have occurred
to compel the municipality or county to comply with that section.
(c) A municipality or county that is found by a court as
having intentionally violated Section 338.002 is subject to a civil
penalty in an amount of:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $25,000 and not more than $25,500 for
each subsequent violation.
(d) Each day of a continuing violation of Section 338.002
constitutes a separate violation for purposes of a civil penalty
under this section.
(e) The court that hears an action brought under this
section against a municipality or county shall determine the amount
of the civil penalty.
(f) A civil penalty collected under this section shall be
deposited to the credit of the general revenue fund.
(g) Sovereign immunity of this state and governmental
immunity of a county or municipality to suit is waived and abolished
to the extent of liability created by this section.
SECTION 5. 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.
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