Texas 2021 - 87th Regular

Texas House Bill HB4538 Compare Versions

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

Old	New	Differences
1	1	87R9519 MTB-D
2	2	By: Cyrier H.B. No. 4538
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal, relocation, alteration, or construction of
8	8	certain monuments or memorials located on municipal or county
9	9	property; providing civil penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 442.015(b), Government Code, is amended
12	12	to read as follows:
13	13	(b) The commission may use distributions from the Texas
14	14	preservation trust fund account to provide financial assistance to
15	15	public or private entities for the acquisition, survey,
16	16	restoration, or preservation, or for planning and educational
17	17	activities leading to the preservation, of historic property in the
18	18	state that is listed in the National Register of Historic Places or
19	19	designated as a State Archeological Landmark or Recorded Texas
20	20	Historic Landmark, or that the commission determines is eligible
21	21	for such listing or designation or for the construction of a
22	22	monument or memorial described by Section 338.003, Local Government
23	23	Code. The financial assistance may be in the amount and form and
24	24	according to the terms that the commission by rule determines. The
25	25	commission shall give priority to property the commission
26	26	determines to be endangered by demolition, neglect, underuse,
27	27	looting, vandalism, or other threat to the property. Gifts and
28	28	grants deposited to the credit of the account specifically for any
29	29	eligible projects may be used only for the type of projects
30	30	specified. If such a specification is not made, the gift or grant
31	31	shall be unencumbered and accrue to the benefit of the Texas
32	32	preservation trust fund account. If such a specification is made,
33	33	the entire amount of the gift or grant may be used during any period
34	34	for the project or type of project specified.
35	35	SECTION 2. Subtitle C, Title 10, Local Government Code, is
36	36	amended by adding Chapter 338 to read as follows:
37	37	CHAPTER 338. MONUMENTS AND MEMORIALS
38	38	Sec. 338.001. DEFINITION. In this chapter, "monument or
39	39	memorial" means a permanent monument, memorial, or other
40	40	designation, including a statue, portrait, plaque, seal, symbol,
41	41	building name, bridge name, park name, area name, or street name,
42	42	that honors an event or person of historical significance.
43	43	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
44	44	monument or memorial that is located on municipal or county
45	45	property:
46	46	(1) for at least 40 years may be removed, relocated, or
47	47	altered, including alteration to maintain historical accuracy,
48	48	only by approval of a majority of the voters of the municipality or
49	49	county, as applicable, voting at an election held for that purpose;
50	50	or
51	51	(2) for less than 40 years may be removed, relocated,
52	52	or altered, including alteration to maintain historical accuracy,
53	53	only by the governing body of the municipality or the commissioners
54	54	court of the county, as applicable.
55	55	Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
56	56	additional monument or memorial may be added to the surrounding
57	57	municipal or county property on which a monument or memorial is
58	58	located to complement or contrast with the monument or memorial.
59	59	Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
60	60	(a) A resident of a municipality or county, as applicable, may file
61	61	a complaint with the attorney general if the resident asserts facts
62	62	supporting an allegation that the municipality or county has
63	63	violated Section 338.002. The resident must include a sworn
64	64	statement with the complaint stating that to the best of the
65	65	resident's knowledge all of the facts asserted in the complaint are
66	66	true and correct.
67	67	(b) If the attorney general determines that a complaint
68	68	filed under Subsection (a) against a municipality or county is
69	69	valid, the attorney general may file a petition for a writ of
70	70	mandamus or apply for other appropriate equitable relief in a
71	71	district court in Travis County or in the county in which the
72	72	suspected violation of Section 338.002 is alleged to have occurred
73	73	to compel the municipality or county to comply with that section.
74	74	(c) A municipality or county that is found by a court as
75	75	having intentionally violated Section 338.002 is subject to a civil
76	76	penalty in an amount of:
77	77	(1) not less than $1,000 and not more than $1,500 for
78	78	the first violation; and
79	79	(2) not less than $25,000 and not more than $25,500 for
80	80	each subsequent violation.
81	81	(d) Each day of a continuing violation of Section 338.002
82	82	constitutes a separate violation for purposes of a civil penalty
83	83	under this section.
84	84	(e) The court that hears an action brought under this
85	85	section against a municipality or county shall determine the
86	86	amount of the civil penalty.
87	87	(f) A civil penalty collected under this section shall be
88	88	deposited to the credit of the general revenue fund.
89	89	(g) Sovereign immunity of this state and governmental
90	90	immunity of a county or municipality to suit is waived and abolished
91	91	to the extent of liability created by this section.
92	92	SECTION 3. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2021.