Texas 2021 - 87th Regular

Texas House Bill HB311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Springer H.B. No. 311
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the removal, relocation, alteration, or construction of
7	7	certain monuments or memorials located on public property;
8	8	providing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 442.015(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) The commission may use distributions from the Texas
13	13	preservation trust fund account to provide financial assistance to
14	14	public or private entities for the acquisition, survey,
15	15	restoration, or preservation, or for planning and educational
16	16	activities leading to the preservation, of historic property in the
17	17	state that is listed in the National Register of Historic Places or
18	18	designated as a State Archeological Landmark or Recorded Texas
19	19	Historic Landmark, or that the commission determines is eligible
20	20	for such listing or designation or for the construction of a
21	21	monument or memorial described by Section 2166.5011(c) or by
22	22	Section 338.003, Local Government Code. The financial assistance
23	23	may be in the amount and form and according to the terms that the
24	24	commission by rule determines. The commission shall give priority
25	25	to property the commission determines to be endangered by
26	26	demolition, neglect, underuse, looting, vandalism, or other threat
27	27	to the property. Gifts and grants deposited to the credit of the
28	28	account specifically for any eligible projects may be used only for
29	29	the type of projects specified. If such a specification is not made,
30	30	the gift or grant shall be unencumbered and accrue to the benefit of
31	31	the Texas preservation trust fund account. If such a specification
32	32	is made, the entire amount of the gift or grant may be used during
33	33	any period for the project or type of project specified.
34	34	SECTION 2. Section 2166.5011, Government Code, is amended
35	35	to read as follows:
36	36	Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
37	37	CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
38	38	"monument or memorial" means a permanent monument, memorial, or
39	39	other designation, including a statue, portrait, plaque, seal,
40	40	symbol, building name, bridge name, park name, area name, or street
41	41	name, that:
42	42	(1) is located on state property; and
43	43	(2) honors an event or person of historic significance
44	44	[a citizen of this state for military or war-related service].
45	45	(b) Notwithstanding any other provision of this code, a
46	46	monument or memorial that is located on state property:
47	47	(1) for at least 40 years may not be removed,
48	48	relocated, or altered;
49	49	(2) for at least 20 years but less than 40 years may be
50	50	removed, relocated, or altered only by approval of a concurrent
51	51	resolution authorizing the removal, relocation, or alteration,
52	52	including alteration to maintain historical accuracy, by a
53	53	two-thirds vote of the members of each house of the legislature; or
54	54	(3) for less than 20 years may be removed, relocated,
55	55	or altered, including alteration to maintain historical accuracy,
56	56	only[:
57	57	[(1)] by the legislature[;
58	58	[(2) by the Texas Historical Commission;
59	59	[(3) by the State Preservation Board; or
60	60	[(4) as provided by Subsection (c)].
61	61	(c) An additional [A] monument or memorial may be added
62	62	[removed, relocated, or altered in a manner otherwise provided by
63	63	this code as necessary to accommodate construction, repair, or
64	64	improvements] to the [monument or memorial or to the] surrounding
65	65	state property on which a [the] monument or memorial is located to
66	66	complement or contrast with the monument or memorial. [Any
67	67	monument or memorial that is permanently removed under this
68	68	subsection must be relocated to a prominent location.]
69	69	SECTION 3. Subchapter K, Chapter 2166, Government Code, is
70	70	amended by adding Section 2166.5015 to read as follows:
71	71	Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL
72	72	PENALTY. (a) A resident of this state may file a complaint with
73	73	the attorney general if the resident asserts facts supporting an
74	74	allegation that an entity has violated Section 2166.5011(b). The
75	75	resident must include a sworn statement with the complaint stating
76	76	that to the best of the resident's knowledge all of the facts
77	77	asserted in the complaint are true and correct.
78	78	(b) If the attorney general determines that a complaint
79	79	filed under Subsection (a) against an entity is valid, the attorney
80	80	general may file a petition for a writ of mandamus or apply for
81	81	other appropriate equitable relief in a district court in Travis
82	82	County to compel the entity that is suspected of violating Section
83	83	2166.5011(b) to comply with that subsection.
84	84	(c) An entity that is found by a court as having
85	85	intentionally violated Section 2166.5011(b) is subject to a civil
86	86	penalty in an amount of:
87	87	(1) not less than $1,000 and not more than $1,500 for
88	88	the first violation; and
89	89	(2) not less than $25,000 and not more than $25,500 for
90	90	each subsequent violation.
91	91	(d) Each day of a continuing violation of Section
92	92	2166.5011(b) constitutes a separate violation for purposes of a
93	93	civil penalty under this section.
94	94	(e) The court that hears an action brought under this
95	95	section against an entity shall determine the amount of the civil
96	96	penalty.
97	97	(f) A civil penalty collected under this section shall be
98	98	deposited to the credit of the general revenue fund.
99	99	(g) Sovereign immunity of this state to suit is waived and
100	100	abolished to the extent of liability created by this section.
101	101	SECTION 4. Subtitle C, Title 10, Local Government Code, is
102	102	amended by adding Chapter 338 to read as follows:
103	103	CHAPTER 338. MONUMENTS AND MEMORIALS
104	104	Sec. 338.001. DEFINITION. In this chapter, "monument or
105	105	memorial" means a permanent monument, memorial, or other
106	106	designation, including a statue, portrait, plaque, seal, symbol,
107	107	building name, bridge name, park name, area name, or street name,
108	108	that honors an event or person of historic significance.
109	109	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
110	110	monument or memorial that is located on municipal or county
111	111	property:
112	112	(1) for at least 40 years may not be removed,
113	113	relocated, or altered;
114	114	(2) for at least 20 years but less than 40 years may be
115	115	removed, relocated, or altered, including alteration to maintain
116	116	historical accuracy, only by approval of a majority of the voters
117	117	of the municipality or county, as applicable, voting at an election
118	118	held for that purpose; or
119	119	(3) for less than 20 years may be removed, relocated,
120	120	or altered, including alteration to maintain historical accuracy,
121	121	only by the governing body of the municipality or the commissioners
122	122	court of the county, as applicable.
123	123	Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
124	124	additional monument or memorial may be added to the surrounding
125	125	municipal or county property on which a monument or memorial is
126	126	located to complement or contrast with the monument or memorial.
127	127	Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
128	128	(a) A resident of a municipality or county, as applicable, may
129	129	file a complaint with the attorney general if the resident asserts
130	130	facts supporting an allegation that the municipality or county has
131	131	violated Section 338.002. The resident must include a sworn
132	132	statement with the complaint stating that to the best of the
133	133	resident's knowledge all of the facts asserted in the complaint are
134	134	true and correct.
135	135	(b) If the attorney general determines that a complaint
136	136	filed under Subsection (a) against a municipality or county is
137	137	valid, the attorney general may file a petition for a writ of
138	138	mandamus or apply for other appropriate equitable relief in a
139	139	district court in Travis County or in the county in which the
140	140	suspected violation of Section 338.002 is alleged to have occurred
141	141	to compel the municipality or county to comply with that section.
142	142	(c) A municipality or county that is found by a court as
143	143	having intentionally violated Section 338.002 is subject to a civil
144	144	penalty in an amount of:
145	145	(1) not less than $1,000 and not more than $1,500 for
146	146	the first violation; and
147	147	(2) not less than $25,000 and not more than $25,500 for
148	148	each subsequent violation.
149	149	(d) Each day of a continuing violation of Section 338.002
150	150	constitutes a separate violation for purposes of a civil penalty
151	151	under this section.
152	152	(e) The court that hears an action brought under this
153	153	section against a municipality or county shall determine the amount
154	154	of the civil penalty.
155	155	(f) A civil penalty collected under this section shall be
156	156	deposited to the credit of the general revenue fund.
157	157	(g) Sovereign immunity of this state and governmental
158	158	immunity of a county or municipality to suit is waived and abolished
159	159	to the extent of liability created by this section.
160	160	SECTION 5. This Act takes effect immediately if it receives
161	161	a vote of two-thirds of all the members elected to each house, as
162	162	provided by Section 39, Article III, Texas Constitution. If this
163	163	Act does not receive the vote necessary for immediate effect, this
164	164	Act takes effect September 1, 2021.