Texas 2021 - 87th Regular

Texas House Bill HB2713 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R16743 MTB-F
2		-	By: Hefner, White, Metcalf, H.B. No. 2713
3		-	Bell of Montgomery, et al.
4		-	Substitute the following for H.B. No. 2713:
5		-	By: Krause C.S.H.B. No. 2713
	1	+	87R6104 YDB-F
	2	+	By: Hefner H.B. No. 2713
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the removal, relocation, alteration, or construction of
11		-	certain monuments~~, memorials,~~ or ~~designations~~ located on public
12		-	~~property; authorizing a~~ civil ~~penalty~~.
	8	+	certain monuments or memorials located on public property;
	9	+	providing civil penalties.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Section 442.015(b), Government Code, is amended
15	12		to read as follows:
16	13		(b) The commission may use distributions from the Texas
17	14		preservation trust fund account to provide financial assistance to
18	15		public or private entities for the acquisition, survey,
19	16		restoration, or preservation, or for planning and educational
20	17		activities leading to the preservation, of historic property in the
21	18		state that is listed in the National Register of Historic Places or
22	19		designated as a State Archeological Landmark or Recorded Texas
23	20		Historic Landmark, or that the commission determines is eligible
24	21		for such listing or designation or for the construction of a
25	22		monument or memorial described by Section 2166.5011(c) or by
26	23		Section 338.003, Local Government Code. The financial assistance
27	24		may be in the amount and form and according to the terms that the
28	25		commission by rule determines. The commission shall give priority
29	26		to property the commission determines to be endangered by
30	27		demolition, neglect, underuse, looting, vandalism, or other threat
31	28		to the property. Gifts and grants deposited to the credit of the
32	29		account specifically for any eligible projects may be used only for
33	30		the type of projects specified. If such a specification is not
34	31		made, the gift or grant shall be unencumbered and accrue to the
35	32		benefit of the Texas preservation trust fund account. If such a
36	33		specification is made, the entire amount of the gift or grant may be
37	34		used during any period for the project or type of project specified.
38		-	SECTION 2. Section 443.0081, Government Code, is reenacted
39		-	and amended to read as follows:
40		-	Sec. 443.0081. HISTORICAL REPRESENTATION ADVISORY
41		-	COMMITTEE. (a) To ensure that the diverse history of Texas is
42		-	accurately represented in the Capitol Complex, the historical
43		-	representation advisory committee shall provide advice and
44		-	guidance to the board on the addition and removal of monuments in
45		-	[to] the Capitol Complex.
46		-	(b) The advisory committee consists of the following 12
47		-	members:
48		-	(1) four members appointed by the governor;
49		-	(2) four members appointed by the lieutenant governor;
50		-	and
51		-	(3) four members appointed by the speaker of the house
52		-	of representatives.
53		-	(c) In making appointments under this section, the
54		-	governor, the lieutenant governor, and the speaker of the house of
55		-	representatives shall attempt to include African American Texans,
56		-	Hispanic American Texans, Native American Texans, female Texans,
57		-	and Texans exemplifying rural heritage.
58		-	(d) The governor shall designate the presiding officer of
59		-	the committee from among the members of the committee. The
60		-	presiding officer serves a term of two years.
61		-	(e) A member of the advisory committee serves at the
62		-	pleasure of the appointing officer and serves without compensation
63		-	or reimbursement of expenses.
64		-	(f) The advisory committee shall conduct meetings the
65		-	committee considers necessary to provide advice and guidance under
66		-	this section. The board shall provide necessary administrative
67		-	support to the advisory committee.
68		-	(g) Subject to the approval of the board, the advisory
69		-	committee shall develop its own bylaws under which it shall
70		-	operate.
71		-	(h) Chapter 2110 does not apply to the advisory committee.
72		-	(i) The advisory committee is subject to the open meetings
73		-	law, Chapter 551.
74		-	(j) Not later than December 1, 2022, the [The] advisory
75		-	committee shall prepare and submit a report to the governor, board,
76		-	and legislature on the historical significance and relevance to the
77		-	history of this state of each monument in the Capitol Complex [is
78		-	subject to Chapter 325 (Texas Sunset Act). Unless continued in
79		-	existence as provided by that chapter, the advisory committee is
80		-	abolished September 1, 2007].
81		-	(k) The advisory committee shall:
82		-	(1) collect information relating to each proposed
83		-	monument to the Capitol Complex; and
84		-	(2) in cooperation with the chair of the history
85		-	department at Prairie View A&M University, at The University of
86		-	Texas at Austin, or at any other land grant university in the state,
87		-	as determined by the committee, ensure the:
88		-	(A) historical accuracy of any proposed
89		-	monument; and
90		-	(B) equitable representation of all Texans,
91		-	including African slaves, African Americans, Hispanic Americans,
92		-	Native Americans, women in Texas history, and Texans exemplifying
93		-	military service and rural heritage in additional monuments to the
94		-	Capitol Complex.
95		-	(l) In this section, "monument" has the meaning assigned by
96		-	Section 443.0152 [443.015, as added by Chapter 1141, Acts of the
97		-	75th Legislature, Regular Session, 1997].
98		-	(m) The advisory committee is abolished and this section
99		-	expires January 1, 2023.
100		-	SECTION 3. Section 2166.5011, Government Code, is amended
	35	+	SECTION 2. Section 2166.5011, Government Code, is amended
101	36		to read as follows:
102	37		Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
103	38		CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
104	39		"monument or memorial" means a permanent monument, memorial, or
105	40		other designation, including a statue, portrait, plaque, seal,
106		-	symbol~~, cenotaph~~, building name, bridge name, park name, area name,
107		-	~~or street~~ name, that:
108		-	(1) is located on state ~~owned or leased~~ property; and
	41	+	symbol, building name, bridge name, park name, area name, or street
	42	+	name, that:
	43	+	(1) is located on state property; and
109	44		(2) honors an event or person of historic significance
110	45		[a citizen of this state for military or war-related service].
111		-	(b) Notwithstanding any other provision of this code and
112		-	except as provided by Section 2166.5012, a monument or memorial
113		-	that has been located on state owned or leased property:
114		-	(1) for at least 25 years may be removed, relocated, or
115		-	altered only by approval of a concurrent resolution authorizing the
116		-	removal, relocation, or alteration, including alteration to
117		-	maintain historical accuracy, by a two-thirds vote of the members
118		-	of each house of the legislature; or
119		-	(2) for less than 25 years may be removed, relocated,
	46	+	(b) Notwithstanding any other provision of this code, a
	47	+	monument or memorial that is located on state property:
	48	+	(1) for at least 40 years may not be removed,
	49	+	relocated, or altered;
	50	+	(2) for at least 20 years but less than 40 years may be
	51	+	removed, relocated, or altered only by approval of a concurrent
	52	+	resolution authorizing the removal, relocation, or alteration,
	53	+	including alteration to maintain historical accuracy, by a
	54	+	two-thirds vote of the members of each house of the legislature; or
	55	+	(3) for less than 20 years may be removed, relocated,
120	56		or altered, including alteration to maintain historical accuracy,
121		-	only by formal action of the governing body of or the single state
122		-	officer who governs the state agency that erected the monument or
123		-	memorial[:
124		-	[(1) by the legislature;
	57	+	only[:
	58	+	[(1)] by the legislature[;
125	59		[(2) by the Texas Historical Commission;
126	60		[(3) by the State Preservation Board; or
127	61		[(4) as provided by Subsection (c)].
128		-	(c) An additional [A] monument or memorial may be added
129		-	[removed, relocated, or altered in a manner otherwise provided by
130		-	this code as necessary to accommodate construction, repair, or
131		-	improvements] to the [monument or memorial or to the] surrounding
132		-	state owned or leased property on which a [the] monument or memorial
133		-	is located to complement or contrast with the monument or memorial.
134		-	[Any monument or memorial that is permanently removed under this
135		-	subsection must be relocated to a prominent location.]
136		-	(d) Notwithstanding Section 2166.003, this section applies
137		-	to a monument or memorial on property of an institution of higher
138		-	education, as defined by Section 61.003, Education Code.
139		-	SECTION 4. Subchapter K, Chapter 2166, Government Code, is
140		-	amended by adding Sections 2166.5012, 2166.5013, and 2166.5015 to
141		-	read as follows:
142		-	Sec. 2166.5012. CERTAIN DESIGNATIONS BY INSTITUTIONS OF
143		-	HIGHER EDUCATION. (a) In this section:
144		-	(1) "Designation" includes a designation of a
145		-	portrait, plaque, seal, symbol, building name, bridge name, park
146		-	name, area name, or street name.
147		-	(2) "Institution of higher education" has the meaning
148		-	assigned by Section 61.003, Education Code.
149		-	(b) Notwithstanding Section 2166.003, an institution of
150		-	higher education may rename or alter a designation only if:
151		-	(1) the governing board of the institution of higher
152		-	education has previously adopted rules providing for the naming,
153		-	renaming, or altering of a designation in recognition of
154		-	philanthropic gifts to the institution; and
155		-	(2) the renaming or alteration is approved by the
156		-	governing board.
157		-	Sec. 2166.5013. ALAMO CENOTAPH. (a) In this section,
158		-	"Alamo Cenotaph" means the memorial to the Alamo defenders located
159		-	in the Alamo complex.
160		-	(b) Notwithstanding any other law, no entity may alter,
161		-	remove, or relocate the Alamo Cenotaph from the location where the
162		-	cenotaph was first placed following its completion.
	62	+	(c) An additional [A] monument or memorial may be
	63	+	constructed on [removed, relocated, or altered in a manner
	64	+	otherwise provided by this code as necessary to accommodate
	65	+	construction, repair, or improvements to the monument or memorial
	66	+	or to] the surrounding state property on which a [the] monument or
	67	+	memorial is located to complement or contrast with the existing
	68	+	monument or memorial. [Any monument or memorial that is permanently
	69	+	removed under this subsection must be relocated to a prominent
	70	+	location.]
	71	+	SECTION 3. Subchapter K, Chapter 2166, Government Code, is
	72	+	amended by adding Section 2166.5015 to read as follows:
163	73		Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL
164		-	PENALTY. (a) A resident of this state may file a complaint with
165		-	~~the~~ attorney general if the resident asserts facts supporting an
166		-	allegation that an entity has violated Section 2166.5011(b) or
167		-	~~2166.5012. The~~ resident must include a sworn statement with the
168		-	~~complaint stating~~ that to the best of the resident's knowledge all
169		-	~~of the facts~~ asserted in the complaint are true and correct.
	74	+	PENALTY. (a) A resident of this state may file a complaint with the
	75	+	attorney general if the resident asserts facts supporting an
	76	+	allegation that an entity has violated Section 2166.5011(b). The
	77	+	resident must include a sworn statement with the complaint stating
	78	+	that to the best of the resident's knowledge all of the facts
	79	+	asserted in the complaint are true and correct.
170	80		(b) If the attorney general determines that a complaint
171	81		filed under Subsection (a) against an entity is valid, the attorney
172	82		general may file a petition for a writ of mandamus or apply for
173	83		other appropriate equitable relief in a district court in Travis
174	84		County to compel the entity that is suspected of violating Section
175		-	2166.5011(b) ~~or 2166.5012~~ to comply with ~~those sections~~.
	85	+	2166.5011(b) to comply with that subsection.
176	86		(c) An entity that is found by a court as having
177		-	intentionally violated Section 2166.5011(b) ~~or 2166.5012 is~~
178		-	~~subject to a civil~~ penalty in an amount of:
	87	+	intentionally violated Section 2166.5011(b) is subject to a civil
	88	+	penalty in an amount of:
179	89		(1) not less than $1,000 and not more than $1,500 for
180	90		the first violation; and
181	91		(2) not less than $25,000 and not more than $25,500 for
182	92		each subsequent violation.
183	93		(d) Each day of a continuing violation of Section
184		-	2166.5011(b) ~~or 2166.5012~~ constitutes a separate violation for
185		-	~~purposes of a~~ civil penalty under this section.
	94	+	2166.5011(b) constitutes a separate violation for purposes of a
	95	+	civil penalty under this section.
186	96		(e) The court that hears an action brought under this
187	97		section against an entity shall determine the amount of the civil
188	98		penalty.
189	99		(f) A civil penalty collected under this section shall be
190	100		deposited to the credit of the general revenue fund.
191	101		(g) Sovereign immunity of this state to suit is waived and
192	102		abolished to the extent of liability created by this section.
193		-	SECTION 5. Subtitle C, Title 10, Local Government Code, is
	103	+	SECTION 4. Subtitle C, Title 10, Local Government Code, is
194	104		amended by adding Chapter 338 to read as follows:
195	105		CHAPTER 338. MONUMENTS AND MEMORIALS
196	106		Sec. 338.001. DEFINITION. In this chapter, "monument or
197	107		memorial" means a permanent monument, memorial, or other
198	108		designation, including a statue, portrait, plaque, seal, symbol,
199		-	cenotaph, building name, bridge name, park name, area name, or
200		-	street name, that honors an event or person of historic
201		-	significance.
	109	+	building name, bridge name, park name, area name, or street name,
	110	+	that honors an event or person of historic significance.
202	111		Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
203		-	monument or memorial that ~~has been~~ located on municipal or county
	112	+	monument or memorial that is located on municipal or county
204	113		property:
205		-	(1) for at least 25 years may be removed, relocated, or
206		-	altered, including alteration to maintain historical accuracy,
207		-	only by supermajority vote by the governing body of the
208		-	municipality or the commissioners court of the county, as
209		-	applicable; or
210		-	(2) for less than 25 years may be removed, relocated,
	114	+	(1) for at least 40 years may not be removed,
	115	+	relocated, or altered;
	116	+	(2) for at least 20 years but less than 40 years may be
	117	+	removed, relocated, or altered, including alteration to maintain
	118	+	historical accuracy, only by approval of a majority of the voters of
	119	+	the municipality or county, as applicable, voting at an election
	120	+	held for that purpose; or
	121	+	(3) for less than 20 years may be removed, relocated,
211	122		or altered, including alteration to maintain historical accuracy,
212	123		only by the governing body of the municipality or the commissioners
213	124		court of the county, as applicable.
214	125		Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
215		-	additional monument or memorial may be added to the surrounding
216		-	municipal or county property on which a monument or memorial is
217		-	located to complement or contrast with the monument or memorial.
	126	+	additional monument or memorial may be constructed on the
	127	+	surrounding municipal or county property on which a monument or
	128	+	memorial is located to complement or contrast with the existing
	129	+	monument or memorial.
218	130		Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
219		-	(a) A resident of a municipality or county, as applicable, may
220		-	~~file~~ a complaint with the attorney general if the resident asserts
221		-	~~facts~~ supporting an allegation that the municipality or county has
	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
222	134		violated Section 338.002. The resident must include a sworn
223	135		statement with the complaint stating that to the best of the
224	136		resident's knowledge all of the facts asserted in the complaint are
225	137		true and correct.
226	138		(b) If the attorney general determines that a complaint
227	139		filed under Subsection (a) against a municipality or county is
228	140		valid, the attorney general may file a petition for a writ of
229	141		mandamus or apply for other appropriate equitable relief in a
230	142		district court in Travis County or in the county in which the
231	143		suspected violation of Section 338.002 is alleged to have occurred
232	144		to compel the municipality or county to comply with that section.
233	145		(c) A municipality or county that is found by a court as
234	146		having intentionally violated Section 338.002 is subject to a civil
235	147		penalty in an amount of:
236	148		(1) not less than $1,000 and not more than $1,500 for
237	149		the first violation; and
238	150		(2) not less than $25,000 and not more than $25,500 for
239	151		each subsequent violation.
240	152		(d) Each day of a continuing violation of Section 338.002
241	153		constitutes a separate violation for purposes of a civil penalty
242	154		under this section.
243	155		(e) The court that hears an action brought under this
244		-	section against a municipality or county shall determine the ~~amount~~
245		-	of the civil penalty.
	156	+	section against a municipality or county shall determine the
	157	+	amount of the civil penalty.
246	158		(f) A civil penalty collected under this section shall be
247	159		deposited to the credit of the general revenue fund.
248	160		(g) Sovereign immunity of this state and governmental
249	161		immunity of a county or municipality to suit is waived and abolished
250	162		to the extent of liability created by this section.
251		-	SECTION 6. Not later than January 1, 2022, the governor, the
252		-	lieutenant governor, and the speaker of the house of
253		-	representatives shall make the appointments to the historical
254		-	representation advisory committee under Section 443.0081,
255		-	Government Code, as reenacted and amended by this Act.
256		-	SECTION 7. This Act takes effect immediately if it receives
	163	+	SECTION 5. This Act takes effect immediately if it receives
257	164		a vote of two-thirds of all the members elected to each house, as
258	165		provided by Section 39, Article III, Texas Constitution. If this
259	166		Act does not receive the vote necessary for immediate effect, this
260	167		Act takes effect September 1, 2021.