Texas 2021 - 87th Regular

Texas Senate Bill SB1416 Compare Versions

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

Old	New	Differences
1	1	87R6947 MTB-D
2	2	By: Creighton, et al. S.B. No. 1416
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, memorials, or designations located on public
9	9	property; authorizing a civil penalty.
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 2166.5011(c) or by
23	23	Section 338.003, Local Government Code. The financial assistance
24	24	may be in the amount and form and according to the terms that the
25	25	commission by rule determines. The commission shall give priority
26	26	to property the commission determines to be endangered by
27	27	demolition, neglect, underuse, looting, vandalism, or other threat
28	28	to the property. Gifts and grants deposited to the credit of the
29	29	account specifically for any eligible projects may be used only for
30	30	the type of projects specified. If such a specification is not
31	31	made, the gift or grant shall be unencumbered and accrue to the
32	32	benefit of the Texas preservation trust fund account. If such a
33	33	specification is made, the entire amount of the gift or grant may be
34	34	used during any period for the project or type of project specified.
35	35	SECTION 2. Section 443.0081, Government Code, is reenacted
36	36	and amended to read as follows:
37	37	Sec. 443.0081. HISTORICAL REPRESENTATION ADVISORY
38	38	COMMITTEE. (a) To ensure that the diverse history of Texas is
39	39	accurately represented in the Capitol Complex, the historical
40	40	representation advisory committee shall provide advice and
41	41	guidance to the board on the addition and removal of monuments in
42	42	[to] the Capitol Complex.
43	43	(b) The advisory committee consists of the following 12
44	44	members:
45	45	(1) four members appointed by the governor;
46	46	(2) four members appointed by the lieutenant governor;
47	47	and
48	48	(3) four members appointed by the speaker of the house
49	49	of representatives.
50	50	(c) In making appointments under this section, the
51	51	governor, the lieutenant governor, and the speaker of the house of
52	52	representatives shall attempt to include African American Texans,
53	53	Hispanic American Texans, Native American Texans, female Texans,
54	54	and Texans exemplifying rural heritage.
55	55	(d) The governor shall designate the presiding officer of
56	56	the committee from among the members of the committee. The
57	57	presiding officer serves a term of two years.
58	58	(e) A member of the advisory committee serves at the
59	59	pleasure of the appointing officer and serves without compensation
60	60	or reimbursement of expenses.
61	61	(f) The advisory committee shall conduct meetings the
62	62	committee considers necessary to provide advice and guidance under
63	63	this section. The board shall provide necessary administrative
64	64	support to the advisory committee.
65	65	(g) Subject to the approval of the board, the advisory
66	66	committee shall develop its own bylaws under which it shall
67	67	operate.
68	68	(h) Chapter 2110 does not apply to the advisory committee.
69	69	(i) The advisory committee is subject to the open meetings
70	70	law, Chapter 551.
71	71	(j) Not later than December 1, 2022, the [The] advisory
72	72	committee shall prepare and submit a report to the governor, board,
73	73	and legislature on the historical significance and relevance to the
74	74	history of this state of each monument in the Capitol Complex [is
75	75	subject to Chapter 325 (Texas Sunset Act). Unless continued in
76	76	existence as provided by that chapter, the advisory committee is
77	77	abolished September 1, 2007].
78	78	(k) The advisory committee shall:
79	79	(1) collect information relating to each proposed
80	80	monument to the Capitol Complex; and
81	81	(2) in cooperation with the chair of the history
82	82	department at Prairie View A&M University, at The University of
83	83	Texas at Austin, or at any other land grant university in the state,
84	84	as determined by the committee, ensure the:
85	85	(A) historical accuracy of any proposed
86	86	monument; and
87	87	(B) equitable representation of all Texans,
88	88	including African slaves, African Americans, Hispanic Americans,
89	89	Native Americans, women in Texas history, and Texans exemplifying
90	90	military service and rural heritage in additional monuments to the
91	91	Capitol Complex.
92	92	(l) In this section, "monument" has the meaning assigned by
93	93	Section 443.0152 [443.015, as added by Chapter 1141, Acts of the
94	94	75th Legislature, Regular Session, 1997].
95	95	(m) The advisory committee is abolished and this section
96	96	expires January 1, 2023.
97	97	SECTION 3. Section 2166.5011, Government Code, is amended
98	98	to read as follows:
99	99	Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
100	100	CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
101	101	"monument or memorial" means a permanent monument, memorial, or
102	102	other designation, including a statue, portrait, plaque, seal,
103	103	symbol, cenotaph, building name, bridge name, park name, area name,
104	104	or street name, that:
105	105	(1) is located on state owned or leased property; and
106	106	(2) honors an event or person of historic significance
107	107	[a citizen of this state for military or war-related service].
108	108	(b) Notwithstanding any other provision of this code and
109	109	except as provided by Section 2166.5012, a monument or memorial
110	110	that has been located on state owned or leased property:
111	111	(1) for at least 25 years may be removed, relocated, or
112	112	altered only by approval of a concurrent resolution authorizing the
113	113	removal, relocation, or alteration, including alteration to
114	114	maintain historical accuracy, by a two-thirds vote of the members
115	115	of each house of the legislature; or
116	116	(2) for less than 25 years may be removed, relocated,
117	117	or altered, including alteration to maintain historical accuracy,
118	118	only by formal action of the governing body of or the single state
119	119	officer who governs the state agency that erected the monument or
120	120	memorial[:
121	121	[(1) by the legislature;
122	122	[(2) by the Texas Historical Commission;
123	123	[(3) by the State Preservation Board; or
124	124	[(4) as provided by Subsection (c)].
125	125	(c) An additional [A] monument or memorial may be added
126	126	[removed, relocated, or altered in a manner otherwise provided by
127	127	this code as necessary to accommodate construction, repair, or
128	128	improvements] to the [monument or memorial or to the] surrounding
129	129	state owned or leased property on which a [the] monument or memorial
130	130	is located to complement or contrast with the monument or memorial.
131	131	[Any monument or memorial that is permanently removed under this
132	132	subsection must be relocated to a prominent location.]
133	133	(d) Notwithstanding Section 2166.003, this section applies
134	134	to a monument or memorial on property of an institution of higher
135	135	education, as defined by Section 61.003, Education Code.
136	136	SECTION 4. Subchapter K, Chapter 2166, Government Code, is
137	137	amended by adding Sections 2166.5012, 2166.5013, and 2166.5015 to
138	138	read as follows:
139	139	Sec. 2166.5012. CERTAIN DESIGNATIONS BY INSTITUTIONS OF
140	140	HIGHER EDUCATION. (a) In this section:
141	141	(1) "Designation" includes a designation of a
142	142	portrait, plaque, seal, symbol, building name, bridge name, park
143	143	name, area name, or street name.
144	144	(2) "Institution of higher education" has the meaning
145	145	assigned by Section 61.003, Education Code.
146	146	(b) Notwithstanding Section 2166.003, an institution of
147	147	higher education may rename or alter a designation only if:
148	148	(1) the governing board of the institution of higher
149	149	education has previously adopted rules providing for the naming,
150	150	renaming, or altering of a designation in recognition of
151	151	philanthropic gifts to the institution; and
152	152	(2) the renaming or alteration is approved by the
153	153	governing board.
154	154	Sec. 2166.5013. ALAMO CENOTAPH. (a) In this section,
155	155	"Alamo Cenotaph" means the memorial to the Alamo defenders located
156	156	in the Alamo complex.
157	157	(b) Notwithstanding any other law, no entity may alter,
158	158	remove, or relocate the Alamo Cenotaph from the location where the
159	159	cenotaph was first placed following its completion.
160	160	Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL
161	161	PENALTY. (a) A resident of this state may file a complaint with
162	162	the attorney general if the resident asserts facts supporting an
163	163	allegation that an entity has violated Section 2166.5011(b) or
164	164	2166.5012. The resident must include a sworn statement with the
165	165	complaint stating that to the best of the resident's knowledge all
166	166	of the facts asserted in the complaint are true and correct.
167	167	(b) If the attorney general determines that a complaint
168	168	filed under Subsection (a) against an entity is valid, the attorney
169	169	general may file a petition for a writ of mandamus or apply for
170	170	other appropriate equitable relief in a district court in Travis
171	171	County to compel the entity that is suspected of violating Section
172	172	2166.5011(b) or 2166.5012 to comply with those sections.
173	173	(c) An entity that is found by a court as having
174	174	intentionally violated Section 2166.5011(b) or 2166.5012 is
175	175	subject to a civil penalty in an amount of:
176	176	(1) not less than $1,000 and not more than $1,500 for
177	177	the first violation; and
178	178	(2) not less than $25,000 and not more than $25,500 for
179	179	each subsequent violation.
180	180	(d) Each day of a continuing violation of Section
181	181	2166.5011(b) or 2166.5012 constitutes a separate violation for
182	182	purposes of a civil penalty under this section.
183	183	(e) The court that hears an action brought under this
184	184	section against an entity shall determine the amount of the civil
185	185	penalty.
186	186	(f) A civil penalty collected under this section shall be
187	187	deposited to the credit of the general revenue fund.
188	188	(g) Sovereign immunity of this state to suit is waived and
189	189	abolished to the extent of liability created by this section.
190	190	SECTION 5. Subtitle C, Title 10, Local Government Code, is
191	191	amended by adding Chapter 338 to read as follows:
192	192	CHAPTER 338. MONUMENTS AND MEMORIALS
193	193	Sec. 338.001. DEFINITION. In this chapter, "monument or
194	194	memorial" means a permanent monument, memorial, or other
195	195	designation, including a statue, portrait, plaque, seal, symbol,
196	196	cenotaph, building name, bridge name, park name, area name, or
197	197	street name, that honors an event or person of historic
198	198	significance.
199	199	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
200	200	monument or memorial that has been located on municipal or county
201	201	property:
202	202	(1) for at least 25 years may be removed, relocated, or
203	203	altered, including alteration to maintain historical accuracy,
204	204	only by supermajority vote by the governing body of the
205	205	municipality or the commissioners court of the county, as
206	206	applicable; or
207	207	(2) for less than 25 years may be removed, relocated,
208	208	or altered, including alteration to maintain historical accuracy,
209	209	only by the governing body of the municipality or the commissioners
210	210	court of the county, as applicable.
211	211	Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
212	212	additional monument or memorial may be added to the surrounding
213	213	municipal or county property on which a monument or memorial is
214	214	located to complement or contrast with the monument or memorial.
215	215	Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
216	216	(a) A resident of a municipality or county, as applicable, may
217	217	file a complaint with the attorney general if the resident asserts
218	218	facts supporting an allegation that the municipality or county has
219	219	violated Section 338.002. The resident must include a sworn
220	220	statement with the complaint stating that to the best of the
221	221	resident's knowledge all of the facts asserted in the complaint are
222	222	true and correct.
223	223	(b) If the attorney general determines that a complaint
224	224	filed under Subsection (a) against a municipality or county is
225	225	valid, the attorney general may file a petition for a writ of
226	226	mandamus or apply for other appropriate equitable relief in a
227	227	district court in Travis County or in the county in which the
228	228	suspected violation of Section 338.002 is alleged to have occurred
229	229	to compel the municipality or county to comply with that section.
230	230	(c) A municipality or county that is found by a court as
231	231	having intentionally violated Section 338.002 is subject to a civil
232	232	penalty in an amount of:
233	233	(1) not less than $1,000 and not more than $1,500 for
234	234	the first violation; and
235	235	(2) not less than $25,000 and not more than $25,500 for
236	236	each subsequent violation.
237	237	(d) Each day of a continuing violation of Section 338.002
238	238	constitutes a separate violation for purposes of a civil penalty
239	239	under this section.
240	240	(e) The court that hears an action brought under this
241	241	section against a municipality or county shall determine the amount
242	242	of the civil penalty.
243	243	(f) A civil penalty collected under this section shall be
244	244	deposited to the credit of the general revenue fund.
245	245	(g) Sovereign immunity of this state and governmental
246	246	immunity of a county or municipality to suit is waived and abolished
247	247	to the extent of liability created by this section.
248	248	SECTION 6. Not later than January 1, 2022, the governor, the
249	249	lieutenant governor, and the speaker of the house of
250	250	representatives shall make the appointments to the historical
251	251	representation advisory committee under Section 443.0081,
252	252	Government Code, as reenacted and amended by this Act.
253	253	SECTION 7. This Act takes effect immediately if it receives
254	254	a vote of two-thirds of all the members elected to each house, as
255	255	provided by Section 39, Article III, Texas Constitution. If this
256	256	Act does not receive the vote necessary for immediate effect, this
257	257	Act takes effect September 1, 2021.