87R2658 YDB-D
By: Biedermann H.B. No. 2866
A BILL TO BE ENTITLED
AN ACT
relating to the preservation, maintenance, and restoration of the
Alamo Cenotaph; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 31, Natural Resources
Code, is amended by adding Section 31.4515 to read as follows:
Sec. 31.4515. PRESERVATION, MAINTENANCE, AND RESTORATION
OF ALAMO CENOTAPH. (a) The land office has the power of eminent
domain to acquire in the manner provided by Chapter 21, Property
Code, any property necessary to preserve, maintain, and restore the
Alamo Cenotaph and to carry out the purposes of this section,
including the acquisition of the cenotaph and the land immediately
underneath and adjacent to the cenotaph.
(b) Subject to Subsection (d), the land office is
responsible for the preservation, maintenance, and restoration of
the Alamo Cenotaph and has jurisdiction over the land immediately
underneath and adjacent to the cenotaph. The land office shall
determine and officially designate a reasonable amount of land as
the land immediately underneath and adjacent to the cenotaph for
purposes of this section.
(c) Any power or duty related to the Alamo Cenotaph formerly
vested in another state agency or local governmental entity,
including the City of San Antonio, is vested solely in the land
office in accordance with this section.
(d) All major projects related to the preservation,
maintenance, and restoration of the Alamo Cenotaph, including any
project that requires movement of the cenotaph from its original
location, must be approved:
(1) unanimously by the governor, lieutenant governor,
and speaker of the house of representatives; and
(2) by a majority of the members of the Texas
Historical Commission.
(e) The cenotaph may not be moved to a location outside of
the area that constituted the original Alamo Plaza.
(f) A local governmental entity may not exercise any control
over the Alamo Cenotaph and the land immediately underneath and
adjacent to the cenotaph or move the cenotaph from its original
location in the Alamo Plaza.
(g) A writ of mandamus and any other legal and equitable
remedy is available to a party in interest to require the land
office, a local governmental entity, and any other party to comply
with this section.
SECTION 2. 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, 2021.