| 1 | 1 | | By: Buckingham S.B. No. 1501 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to monuments, markers, and medallions controlled by the |
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| 7 | 7 | | Texas Historical Commission. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 442.006, Government Code, is amended by |
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| 10 | 10 | | adding Subsections (i) and (j) to read as follows: |
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| 11 | 11 | | (i) Notwithstanding any other law, a monument, marker, or |
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| 12 | 12 | | medallion installed by the commission is state property solely |
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| 13 | 13 | | under the commission's custody and control and may not be altered, |
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| 14 | 14 | | removed, relocated, covered, obscured, or concealed without the |
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| 15 | 15 | | express written permission of the commission. |
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| 16 | 16 | | (j) The attorney general may file suit in district court to |
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| 17 | 17 | | seek civil penalties in accordance with Section 442.011 and |
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| 18 | 18 | | equitable relief in accordance with Section 442.012 against a |
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| 19 | 19 | | person who violates this section. Governmental immunity to suit of |
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| 20 | 20 | | any county, municipality, or other political subdivision is waived |
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| 21 | 21 | | and abolished to the extent liability is created by this section. |
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| 22 | 22 | | SECTION 2. Section 442.011, Government Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | Sec. 442.011. PENALTY. A person who violates this chapter |
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| 25 | 25 | | or Chapter 191, Natural Resources Code, is subject to a civil |
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| 26 | 26 | | penalty of not less than $50 nor more than $1,000 for each day of |
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| 27 | 27 | | violation. Each day a violation continues may be considered a |
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| 28 | 28 | | separate violation. If the party seeking a civil penalty |
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| 29 | 29 | | demonstrates the same violation occurred on more than one day, it is |
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| 30 | 30 | | presumed that the person committed a violation on each intervening |
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| 31 | 31 | | day between the days of violation, including the days on which a |
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| 32 | 32 | | violation was demonstrated. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2021. |
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