H.B. No. 3584
AN ACT
relating to monuments, markers, medallions, and antiquities
controlled by or in the custody of the Texas Historical Commission;
authorizing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.006, Government Code, is amended by
adding Subsections (i) and (j) to read as follows:
(i) Notwithstanding any other law, a monument, marker, or
medallion installed by the commission is state property solely
under the commission's custody and control and may not be altered,
removed, relocated, covered, obscured, or concealed without the
express written permission of the commission.
(j) The attorney general may file suit in district court to
seek civil penalties in accordance with Section 442.011 and
equitable relief in accordance with Section 442.012 against a
person who violates this section. Governmental immunity to suit of
any county, municipality, or other political subdivision is waived
and abolished to the extent liability is created by this section.
SECTION 2. Section 442.011, Government Code, is amended to
read as follows:
Sec. 442.011. PENALTY. A person who violates this chapter
or Chapter 191, Natural Resources Code, is subject to a civil
penalty of not less than $50 nor more than $1,000 for each day of
violation. Each day a violation continues may be considered a
separate violation. If the party seeking a civil penalty
demonstrates the same violation occurred on more than one day, it is
presumed that the person committed a violation on each intervening
day between the days of violation, including the days on which a
violation was demonstrated.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3584 was passed by the House on May
11, 2021, by the following vote: Yeas 140, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3584 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor