| 1 | 1 | | 87R2658 YDB-D |
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| 2 | 2 | | By: Biedermann H.B. No. 2866 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the preservation, maintenance, and restoration of the |
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| 8 | 8 | | Alamo Cenotaph; granting the power of eminent domain. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter I, Chapter 31, Natural Resources |
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| 11 | 11 | | Code, is amended by adding Section 31.4515 to read as follows: |
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| 12 | 12 | | Sec. 31.4515. PRESERVATION, MAINTENANCE, AND RESTORATION |
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| 13 | 13 | | OF ALAMO CENOTAPH. (a) The land office has the power of eminent |
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| 14 | 14 | | domain to acquire in the manner provided by Chapter 21, Property |
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| 15 | 15 | | Code, any property necessary to preserve, maintain, and restore the |
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| 16 | 16 | | Alamo Cenotaph and to carry out the purposes of this section, |
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| 17 | 17 | | including the acquisition of the cenotaph and the land immediately |
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| 18 | 18 | | underneath and adjacent to the cenotaph. |
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| 19 | 19 | | (b) Subject to Subsection (d), the land office is |
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| 20 | 20 | | responsible for the preservation, maintenance, and restoration of |
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| 21 | 21 | | the Alamo Cenotaph and has jurisdiction over the land immediately |
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| 22 | 22 | | underneath and adjacent to the cenotaph. The land office shall |
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| 23 | 23 | | determine and officially designate a reasonable amount of land as |
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| 24 | 24 | | the land immediately underneath and adjacent to the cenotaph for |
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| 25 | 25 | | purposes of this section. |
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| 26 | 26 | | (c) Any power or duty related to the Alamo Cenotaph formerly |
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| 27 | 27 | | vested in another state agency or local governmental entity, |
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| 28 | 28 | | including the City of San Antonio, is vested solely in the land |
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| 29 | 29 | | office in accordance with this section. |
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| 30 | 30 | | (d) All major projects related to the preservation, |
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| 31 | 31 | | maintenance, and restoration of the Alamo Cenotaph, including any |
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| 32 | 32 | | project that requires movement of the cenotaph from its original |
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| 33 | 33 | | location, must be approved: |
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| 34 | 34 | | (1) unanimously by the governor, lieutenant governor, |
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| 35 | 35 | | and speaker of the house of representatives; and |
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| 36 | 36 | | (2) by a majority of the members of the Texas |
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| 37 | 37 | | Historical Commission. |
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| 38 | 38 | | (e) The cenotaph may not be moved to a location outside of |
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| 39 | 39 | | the area that constituted the original Alamo Plaza. |
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| 40 | 40 | | (f) A local governmental entity may not exercise any control |
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| 41 | 41 | | over the Alamo Cenotaph and the land immediately underneath and |
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| 42 | 42 | | adjacent to the cenotaph or move the cenotaph from its original |
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| 43 | 43 | | location in the Alamo Plaza. |
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| 44 | 44 | | (g) A writ of mandamus and any other legal and equitable |
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| 45 | 45 | | remedy is available to a party in interest to require the land |
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| 46 | 46 | | office, a local governmental entity, and any other party to comply |
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| 47 | 47 | | with this section. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2021. |
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