| 1 | | - | H.B. No. 3584 |
|---|
| 1 | + | By: Murr, et al. (Senate Sponsor - Buckingham) H.B. No. 3584 |
|---|
| 2 | + | (In the Senate - Received from the House May 12, 2021; |
|---|
| 3 | + | May 14, 2021, read first time and referred to Committee on Natural |
|---|
| 4 | + | Resources & Economic Development; May 21, 2021, reported favorably |
|---|
| 5 | + | by the following vote: Yeas 9, Nays 0; May 21, 2021, sent to |
|---|
| 6 | + | printer.) |
|---|
| 7 | + | Click here to see the committee vote |
|---|
| 4 | 11 | | AN ACT |
|---|
| 5 | 12 | | relating to monuments, markers, medallions, and antiquities |
|---|
| 6 | 13 | | controlled by or in the custody of the Texas Historical Commission; |
|---|
| 7 | 14 | | authorizing civil penalties. |
|---|
| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 16 | | SECTION 1. Section 442.006, Government Code, is amended by |
|---|
| 10 | 17 | | adding Subsections (i) and (j) to read as follows: |
|---|
| 11 | 18 | | (i) Notwithstanding any other law, a monument, marker, or |
|---|
| 12 | 19 | | medallion installed by the commission is state property solely |
|---|
| 13 | 20 | | under the commission's custody and control and may not be altered, |
|---|
| 14 | 21 | | removed, relocated, covered, obscured, or concealed without the |
|---|
| 15 | 22 | | express written permission of the commission. |
|---|
| 16 | 23 | | (j) The attorney general may file suit in district court to |
|---|
| 17 | 24 | | seek civil penalties in accordance with Section 442.011 and |
|---|
| 18 | 25 | | equitable relief in accordance with Section 442.012 against a |
|---|
| 19 | 26 | | person who violates this section. Governmental immunity to suit of |
|---|
| 20 | 27 | | any county, municipality, or other political subdivision is waived |
|---|
| 21 | 28 | | and abolished to the extent liability is created by this section. |
|---|
| 22 | 29 | | SECTION 2. Section 442.011, Government Code, is amended to |
|---|
| 23 | 30 | | read as follows: |
|---|
| 24 | 31 | | Sec. 442.011. PENALTY. A person who violates this chapter |
|---|
| 25 | 32 | | or Chapter 191, Natural Resources Code, is subject to a civil |
|---|
| 26 | 33 | | penalty of not less than $50 nor more than $1,000 for each day of |
|---|
| 27 | 34 | | violation. Each day a violation continues may be considered a |
|---|
| 28 | 35 | | separate violation. If the party seeking a civil penalty |
|---|
| 29 | 36 | | demonstrates the same violation occurred on more than one day, it is |
|---|
| 30 | 37 | | presumed that the person committed a violation on each intervening |
|---|
| 31 | 38 | | day between the days of violation, including the days on which a |
|---|
| 32 | 39 | | violation was demonstrated. |
|---|
| 33 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|
| 34 | | - | ______________________________ ______________________________ |
|---|
| 35 | | - | President of the Senate Speaker of the House |
|---|
| 36 | | - | I certify that H.B. No. 3584 was passed by the House on May |
|---|
| 37 | | - | 11, 2021, by the following vote: Yeas 140, Nays 3, 2 present, not |
|---|
| 38 | | - | voting. |
|---|
| 39 | | - | ______________________________ |
|---|
| 40 | | - | Chief Clerk of the House |
|---|
| 41 | | - | I certify that H.B. No. 3584 was passed by the Senate on May |
|---|
| 42 | | - | 27, 2021, by the following vote: Yeas 31, Nays 0. |
|---|
| 43 | | - | ______________________________ |
|---|
| 44 | | - | Secretary of the Senate |
|---|
| 45 | | - | APPROVED: _____________________ |
|---|
| 46 | | - | Date |
|---|
| 47 | | - | _____________________ |
|---|
| 48 | | - | Governor |
|---|
| 41 | + | * * * * * |
|---|