Texas 2021 - 87th 2nd C.S.

Texas House Bill HB60 Compare Versions

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

Old	New	Differences
1	1	87S20261 YDB-F
2	2	By: White H.B. No. 60
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 public property;
9	9	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 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 2166.5011, Government Code, is amended
36	36	to read as follows:
37	37	Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
38	38	CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
39	39	"monument or memorial" means a permanent monument, memorial, or
40	40	other designation, including a statue, portrait, plaque, seal,
41	41	symbol, building name, bridge name, park name, area name, or street
42	42	name, that:
43	43	(1) is located on state property; and
44	44	(2) honors an event or person of historic significance
45	45	[a citizen of this state for military or war-related service].
46	46	(b) Notwithstanding any other provision of this code, a
47	47	monument or memorial that is located on state property:
48	48	(1) for at least 40 years may not be removed,
49	49	relocated, or altered;
50	50	(2) for at least 20 years but less than 40 years may be
51	51	removed, relocated, or altered only by approval of a concurrent
52	52	resolution authorizing the removal, relocation, or alteration,
53	53	including alteration to maintain historical accuracy, by a
54	54	two-thirds vote of the members of each house of the legislature; or
55	55	(3) for less than 20 years may be removed, relocated,
56	56	or altered, including alteration to maintain historical accuracy,
57	57	only[:
58	58	[(1)] by the legislature[;
59	59	[(2) by the Texas Historical Commission;
60	60	[(3) by the State Preservation Board; or
61	61	[(4) as provided by Subsection (c)].
62	62	(c) An additional [A] monument or memorial may be
63	63	constructed on [removed, relocated, or altered in a manner
64	64	otherwise provided by this code as necessary to accommodate
65	65	construction, repair, or improvements to the monument or memorial
66	66	or to] the surrounding state property on which a [the] monument or
67	67	memorial is located to complement or contrast with the existing
68	68	monument or memorial. [Any monument or memorial that is permanently
69	69	removed under this subsection must be relocated to a prominent
70	70	location.]
71	71	SECTION 3. Subchapter K, Chapter 2166, Government Code, is
72	72	amended by adding Section 2166.5015 to read as follows:
73	73	Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL
74	74	PENALTY. (a) A resident of this state may file a complaint with the
75	75	attorney general if the resident asserts facts supporting an
76	76	allegation that an entity has violated Section 2166.5011(b). The
77	77	resident must include a sworn statement with the complaint stating
78	78	that to the best of the resident's knowledge all of the facts
79	79	asserted in the complaint are true and correct.
80	80	(b) If the attorney general determines that a complaint
81	81	filed under Subsection (a) against an entity is valid, the attorney
82	82	general may file a petition for a writ of mandamus or apply for
83	83	other appropriate equitable relief in a district court in Travis
84	84	County to compel the entity suspected of violating Section
85	85	2166.5011(b) to comply with that subsection.
86	86	(c) An entity found by a court to have intentionally
87	87	violated Section 2166.5011(b) is subject to a civil penalty in an
88	88	amount of:
89	89	(1) not less than $1,000 and not more than $1,500 for
90	90	the first violation; and
91	91	(2) not less than $25,000 and not more than $25,500 for
92	92	each subsequent violation.
93	93	(d) Each day of a continuing violation of Section
94	94	2166.5011(b) constitutes a separate violation for purposes of a
95	95	civil penalty under this section.
96	96	(e) The court that hears an action brought under this
97	97	section against an entity shall determine the amount of the civil
98	98	penalty.
99	99	(f) A civil penalty collected under this section shall be
100	100	deposited to the credit of the general revenue fund.
101	101	(g) Sovereign immunity of this state to suit is waived and
102	102	abolished to the extent of liability created by this section.
103	103	SECTION 4. Subtitle C, Title 10, Local Government Code, is
104	104	amended by adding Chapter 338 to read as follows:
105	105	CHAPTER 338. MONUMENTS AND MEMORIALS
106	106	Sec. 338.001. DEFINITION. In this chapter, "monument or
107	107	memorial" means a permanent monument, memorial, or other
108	108	designation, including a statue, portrait, plaque, seal, symbol,
109	109	building name, bridge name, park name, area name, or street name,
110	110	that honors an event or person of historic significance.
111	111	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
112	112	monument or memorial that is located on municipal or county
113	113	property:
114	114	(1) for at least 40 years may not be removed,
115	115	relocated, or altered;
116	116	(2) for at least 20 years but less than 40 years may be
117	117	removed, relocated, or altered, including alteration to maintain
118	118	historical accuracy, only by approval of a majority of the voters of
119	119	the municipality or county, as applicable, voting at an election
120	120	held for that purpose; or
121	121	(3) for less than 20 years may be removed, relocated,
122	122	or altered, including alteration to maintain historical accuracy,
123	123	only by the governing body of the municipality or the commissioners
124	124	court of the county, as applicable.
125	125	Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
126	126	additional monument or memorial may be constructed on the
127	127	surrounding municipal or county property on which a monument or
128	128	memorial is located to complement or contrast with the existing
129	129	monument or memorial.
130	130	Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
131	131	(a) A resident of a municipality or county, as applicable, may file
132	132	a complaint with the attorney general if the resident asserts facts
133	133	supporting an allegation that the municipality or county has
134	134	violated Section 338.002. The resident must include a sworn
135	135	statement with the complaint stating that to the best of the
136	136	resident's knowledge all of the facts asserted in the complaint are
137	137	true and correct.
138	138	(b) If the attorney general determines that a complaint
139	139	filed under Subsection (a) against a municipality or county is
140	140	valid, the attorney general may file a petition for a writ of
141	141	mandamus or apply for other appropriate equitable relief in a
142	142	district court in Travis County or in the county in which the
143	143	suspected violation of Section 338.002 is alleged to have occurred
144	144	to compel the municipality or county to comply with that section.
145	145	(c) A municipality or county that is found by a court as
146	146	having intentionally violated Section 338.002 is subject to a civil
147	147	penalty in an amount of:
148	148	(1) not less than $1,000 and not more than $1,500 for
149	149	the first violation; and
150	150	(2) not less than $25,000 and not more than $25,500 for
151	151	each subsequent violation.
152	152	(d) Each day of a continuing violation of Section 338.002
153	153	constitutes a separate violation for purposes of a civil penalty
154	154	under this section.
155	155	(e) The court that hears an action brought under this
156	156	section against a municipality or county shall determine the
157	157	amount of the civil penalty.
158	158	(f) A civil penalty collected under this section shall be
159	159	deposited to the credit of the general revenue fund.
160	160	(g) Sovereign immunity of this state and governmental
161	161	immunity of a county or municipality to suit is waived and abolished
162	162	to the extent of liability created by this section.
163	163	SECTION 5. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect on the 91st day after the last day of the
168	168	legislative session.