Texas 2019 - 86th Regular

Texas Senate Bill SB1663 Compare Versions

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1		-	86R23836 MTB-F
2	1		By: Creighton, et al. S.B. No. 1663
3		-	(White, Toth, Hefner, et al.)
4		-	Substitute the following for S.B. No. 1663: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the removal, relocation, alteration, or construction of
10		-	certain monuments or ~~memorials~~ located on public ~~property;~~
11		-	~~providing~~ civil ~~penalties~~.
	7	+	certain monuments, memorials, or designations located on public
	8	+	property; authorizing a civil penalty.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 442.015(b), Government Code, is amended
14	11		to read as follows:
15	12		(b) The commission may use distributions from the Texas
16	13		preservation trust fund account to provide financial assistance to
17	14		public or private entities for the acquisition, survey,
18	15		restoration, or preservation, or for planning and educational
19	16		activities leading to the preservation, of historic property in the
20	17		state that is listed in the National Register of Historic Places or
21	18		designated as a State Archeological Landmark or Recorded Texas
22	19		Historic Landmark, or that the commission determines is eligible
23	20		for such listing or designation or for the construction of a
24	21		monument or memorial described by Section 2166.5011(c) or by
25	22		Section 338.003, Local Government Code. The financial assistance
26	23		may be in the amount and form and according to the terms that the
27	24		commission by rule determines. The commission shall give priority
28	25		to property the commission determines to be endangered by
29	26		demolition, neglect, underuse, looting, vandalism, or other threat
30	27		to the property. Gifts and grants deposited to the credit of the
31	28		account specifically for any eligible projects may be used only for
32	29		the type of projects specified. If such a specification is not
33	30		made, the gift or grant shall be unencumbered and accrue to the
34	31		benefit of the Texas preservation trust fund account. If such a
35	32		specification is made, the entire amount of the gift or grant may be
36	33		used during any period for the project or type of project specified.
37		-	SECTION 2. Section 2166.5011, Government Code, is amended
	34	+	SECTION 2. Section 443.0081, Government Code, is reenacted
	35	+	and amended to read as follows:
	36	+	Sec. 443.0081. HISTORICAL REPRESENTATION ADVISORY
	37	+	COMMITTEE. (a) To ensure that the diverse history of Texas is
	38	+	accurately represented in the Capitol Complex, the historical
	39	+	representation advisory committee shall provide advice and
	40	+	guidance to the board on the addition and removal of monuments in
	41	+	[to] the Capitol Complex.
	42	+	(b) The advisory committee consists of the following 12
	43	+	members:
	44	+	(1) four members appointed by the governor;
	45	+	(2) four members appointed by the lieutenant governor;
	46	+	and
	47	+	(3) four members appointed by the speaker of the house
	48	+	of representatives.
	49	+	(c) In making appointments under this section, the
	50	+	governor, the lieutenant governor, and the speaker of the house of
	51	+	representatives shall attempt to include African American Texans,
	52	+	Hispanic American Texans, Native American Texans, female Texans,
	53	+	and Texans exemplifying rural heritage.
	54	+	(d) The governor shall designate the presiding officer of
	55	+	the committee from among the members of the committee. The
	56	+	presiding officer serves a term of two years.
	57	+	(e) A member of the advisory committee serves at the
	58	+	pleasure of the appointing officer and serves without compensation
	59	+	or reimbursement of expenses.
	60	+	(f) The advisory committee shall conduct meetings the
	61	+	committee considers necessary to provide advice and guidance under
	62	+	this section. The board shall provide necessary administrative
	63	+	support to the advisory committee.
	64	+	(g) Subject to the approval of the board, the advisory
	65	+	committee shall develop its own bylaws under which it shall
	66	+	operate.
	67	+	(h) Chapter 2110 does not apply to the advisory committee.
	68	+	(i) The advisory committee is subject to the open meetings
	69	+	law, Chapter 551.
	70	+	(j) Not later than December 1, 2020, the [The] advisory
	71	+	committee shall prepare and submit a report to the governor, board,
	72	+	and legislature on the historical significance and relevance to the
	73	+	history of this state of each monument in the Capitol Complex [is
	74	+	subject to Chapter 325 (Texas Sunset Act). Unless continued in
	75	+	existence as provided by that chapter, the advisory committee is
	76	+	abolished September 1, 2007].
	77	+	(k) The advisory committee shall:
	78	+	(1) collect information relating to each proposed
	79	+	monument to the Capitol Complex; and
	80	+	(2) in cooperation with the chair of the history
	81	+	department at Prairie View A&M University, at The University of
	82	+	Texas at Austin, or at any other land grant university in the state,
	83	+	as determined by the committee, ensure the:
	84	+	(A) historical accuracy of any proposed
	85	+	monument; and
	86	+	(B) equitable representation of all Texans,
	87	+	including African slaves, African Americans, Hispanic Americans,
	88	+	Native Americans, women in Texas history, and Texans exemplifying
	89	+	military service and rural heritage in additional monuments to the
	90	+	Capitol Complex.
	91	+	(l) In this section, "monument" has the meaning assigned by
	92	+	Section 443.0152 [443.015, as added by Chapter 1141, Acts of the
	93	+	75th Legislature, Regular Session, 1997].
	94	+	(m) The advisory committee is abolished and this section
	95	+	expires January 1, 2021.
	96	+	SECTION 3. Chapter 443, Government Code, is amended by
	97	+	adding Section 443.031 to read as follows:
	98	+	Sec. 443.031. SENATE INTERIM COMMITTEE; STUDY. (a) The
	99	+	senate interim committee on senate chamber art is established to:
	100	+	(1) study the historical significance and relevance of
	101	+	each work of art displayed in the senate chamber; and
	102	+	(2) make recommendations on whether each work
	103	+	described by Subdivision (1) should continue to be displayed in the
	104	+	senate chamber or whether the work should be replaced with other
	105	+	state-owned works or with works to be commissioned.
	106	+	(b) The senate interim committee is composed of six members
	107	+	of the senate, appointed by the lieutenant governor, and the chair
	108	+	of the senate committee on administration.
	109	+	(c) The senate interim committee shall convene at the call
	110	+	of the chair of the senate committee on administration.
	111	+	(d) Not later than September 1, 2020, the senate interim
	112	+	committee shall report the committee's findings and
	113	+	recommendations to the board and legislature.
	114	+	(e) The senate interim committee is abolished and this
	115	+	section expires January 1, 2021.
	116	+	SECTION 4. Section 2166.5011, Government Code, is amended
38	117		to read as follows:
39	118		Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
40	119		CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
41	120		"monument or memorial" means a permanent monument, memorial, or
42	121		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
	122	+	symbol, cenotaph, building name, bridge name, park name, area name,
	123	+	or street name, that:
	124	+	(1) is located on state owned or leased property; and
46	125		(2) honors an event or person of historic significance
47	126		[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,
	127	+	(b) Notwithstanding any other provision of this code and
	128	+	except as provided by Section 2166.5012, a monument or memorial
	129	+	that has been located on state owned or leased property:
	130	+	(1) for at least 25 years may be removed, relocated, or
	131	+	altered only by approval of a concurrent resolution authorizing the
	132	+	removal, relocation, or alteration, including alteration to
	133	+	maintain historical accuracy, by a two-thirds vote of the members
	134	+	of each house of the legislature; or
	135	+	(2) for less than 25 years may be removed, relocated,
58	136		or altered, including alteration to maintain historical accuracy,
59		-	only[:
60		-	[(1)] by the legislature[;
	137	+	only by formal action of the governing body of or the single state
	138	+	officer who governs the state agency that erected the monument or
	139	+	memorial[:
	140	+	[(1) by the legislature;
61	141		[(2) by the Texas Historical Commission;
62	142		[(3) by the State Preservation Board; or
63	143		[(4) as provided by Subsection (c)].
64	144		(c) An additional [A] monument or memorial may be added
65	145		[removed, relocated, or altered in a manner otherwise provided by
66	146		this code as necessary to accommodate construction, repair, or
67	147		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:
	148	+	state owned or leased property on which a [the] monument or memorial
	149	+	is located to complement or contrast with the monument or memorial.
	150	+	[Any monument or memorial that is permanently removed under this
	151	+	subsection must be relocated to a prominent location.]
	152	+	(d) Notwithstanding Section 2166.003, this section applies
	153	+	to a monument or memorial on property of an institution of higher
	154	+	education, as defined by Section 61.003, Education Code.
	155	+	SECTION 5. Subchapter K, Chapter 2166, Government Code, is
	156	+	amended by adding Sections 2166.5012, 2166.5013, and 2166.5015 to
	157	+	read as follows:
	158	+	Sec. 2166.5012. CERTAIN DESIGNATIONS BY INSTITUTIONS OF
	159	+	HIGHER EDUCATION. (a) In this section:
	160	+	(1) "Designation" includes a designation of a
	161	+	portrait, plaque, seal, symbol, building name, bridge name, park
	162	+	name, area name, or street name.
	163	+	(2) "Institution of higher education" has the meaning
	164	+	assigned by Section 61.003, Education Code.
	165	+	(b) Notwithstanding Section 2166.003, an institution of
	166	+	higher education may rename or alter a designation only if:
	167	+	(1) the governing board of the institution of higher
	168	+	education has previously adopted rules providing for the naming,
	169	+	renaming, or altering of a designation in recognition of
	170	+	philanthropic gifts to the institution; and
	171	+	(2) the renaming or alteration is approved by the
	172	+	governing board.
	173	+	Sec. 2166.5013. ALAMO CENOTAPH. (a) In this section,
	174	+	"Alamo Cenotaph" means the memorial to the Alamo defenders located
	175	+	in the Alamo complex.
	176	+	(b) Notwithstanding any other law, no entity may alter,
	177	+	remove, or relocate the Alamo Cenotaph from the location where the
	178	+	cenotaph was first placed following its completion.
74	179		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.
	180	+	PENALTY. (a) A resident of this state may file a complaint with
	181	+	the attorney general if the resident asserts facts supporting an
	182	+	allegation that an entity has violated Section 2166.5011(b) or
	183	+	2166.5012. The resident must include a sworn statement with the
	184	+	complaint stating that to the best of the resident's knowledge all
	185	+	of the facts asserted in the complaint are true and correct.
81	186		(b) If the attorney general determines that a complaint
82	187		filed under Subsection (a) against an entity is valid, the attorney
83	188		general may file a petition for a writ of mandamus or apply for
84	189		other appropriate equitable relief in a district court in Travis
85	190		County to compel the entity that is suspected of violating Section
86		-	2166.5011(b) to comply with ~~that subsection~~.
	191	+	2166.5011(b) or 2166.5012 to comply with those sections.
87	192		(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:
	193	+	intentionally violated Section 2166.5011(b) or 2166.5012 is
	194	+	subject to a civil penalty in an amount of:
90	195		(1) not less than $1,000 and not more than $1,500 for
91	196		the first violation; and
92	197		(2) not less than $25,000 and not more than $25,500 for
93	198		each subsequent violation.
94	199		(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.
	200	+	2166.5011(b) or 2166.5012 constitutes a separate violation for
	201	+	purposes of a civil penalty under this section.
97	202		(e) The court that hears an action brought under this
98	203		section against an entity shall determine the amount of the civil
99	204		penalty.
100	205		(f) A civil penalty collected under this section shall be
101	206		deposited to the credit of the general revenue fund.
102	207		(g) Sovereign immunity of this state to suit is waived and
103	208		abolished to the extent of liability created by this section.
104		-	SECTION 4. Subtitle C, Title 10, Local Government Code, is
	209	+	SECTION 6. Subtitle C, Title 10, Local Government Code, is
105	210		amended by adding Chapter 338 to read as follows:
106	211		CHAPTER 338. MONUMENTS AND MEMORIALS
107	212		Sec. 338.001. DEFINITION. In this chapter, "monument or
108	213		memorial" means a permanent monument, memorial, or other
109	214		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.
	215	+	cenotaph, building name, bridge name, park name, area name, or
	216	+	street name, that honors an event or person of historic
	217	+	significance.
112	218		Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
113		-	monument or memorial that is located on municipal or county
	219	+	monument or memorial that has been located on municipal or county
114	220		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,
	221	+	(1) for at least 25 years may be removed, relocated, or
	222	+	altered, including alteration to maintain historical accuracy,
	223	+	only by supermajority vote by the governing body of the
	224	+	municipality or the commissioners court of the county, as
	225	+	applicable; or
	226	+	(2) for less than 25 years may be removed, relocated,
123	227		or altered, including alteration to maintain historical accuracy,
124	228		only by the governing body of the municipality or the commissioners
125	229		court of the county, as applicable.
126	230		Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
127	231		additional monument or memorial may be added to the surrounding
128	232		municipal or county property on which a monument or memorial is
129	233		located to complement or contrast with the monument or memorial.
130	234		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
	235	+	(a) A resident of a municipality or county, as applicable, may
	236	+	file a complaint with the attorney general if the resident asserts
	237	+	facts supporting an allegation that the municipality or county has
134	238		violated Section 338.002. The resident must include a sworn
135	239		statement with the complaint stating that to the best of the
136	240		resident's knowledge all of the facts asserted in the complaint are
137	241		true and correct.
138	242		(b) If the attorney general determines that a complaint
139	243		filed under Subsection (a) against a municipality or county is
140	244		valid, the attorney general may file a petition for a writ of
141	245		mandamus or apply for other appropriate equitable relief in a
142	246		district court in Travis County or in the county in which the
143	247		suspected violation of Section 338.002 is alleged to have occurred
144	248		to compel the municipality or county to comply with that section.
145	249		(c) A municipality or county that is found by a court as
146	250		having intentionally violated Section 338.002 is subject to a civil
147	251		penalty in an amount of:
148	252		(1) not less than $1,000 and not more than $1,500 for
149	253		the first violation; and
150	254		(2) not less than $25,000 and not more than $25,500 for
151	255		each subsequent violation.
152	256		(d) Each day of a continuing violation of Section 338.002
153	257		constitutes a separate violation for purposes of a civil penalty
154	258		under this section.
155	259		(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.
	260	+	section against a municipality or county shall determine the amount
	261	+	of the civil penalty.
158	262		(f) A civil penalty collected under this section shall be
159	263		deposited to the credit of the general revenue fund.
160	264		(g) Sovereign immunity of this state and governmental
161	265		immunity of a county or municipality to suit is waived and abolished
162	266		to the extent of liability created by this section.
163		-	SECTION 5. This Act takes effect immediately if it receives
	267	+	SECTION 7. Not later than January 1, 2020, the governor, the
	268	+	lieutenant governor, and the speaker of the house of
	269	+	representatives shall make the appointments to the historical
	270	+	representation advisory committee under Section 443.0081,
	271	+	Government Code, as reenacted and amended by this Act.
	272	+	SECTION 8. This Act takes effect immediately if it receives
164	273		a vote of two-thirds of all the members elected to each house, as
165	274		provided by Section 39, Article III, Texas Constitution. If this
166	275		Act does not receive the vote necessary for immediate effect, this
167	276		Act takes effect September 1, 2019.