Texas 2023 - 88th Regular

Texas Senate Bill SB1560 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6180 YDB-D
2	2	By: Creighton S.B. No. 1560
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	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 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, cenotaph, building name, bridge name, park name, area name,
42	42	or street name, that:
43	43	(1) is located on state property; and
44	44	(2) honors an event or person of historical
45	45	significance [a citizen of this state for military or war-related
46	46	service].
47	47	(b) Notwithstanding any other provision of this code, a
48	48	monument or memorial that has been located on state property:
49	49	(1) for at least 25 years may be removed, relocated, or
50	50	altered only by approval of a concurrent resolution authorizing the
51	51	removal, relocation, or alteration, including alteration to
52	52	maintain historical accuracy, by a two-thirds vote of the members
53	53	of each house of the legislature; or
54	54	(2) for less than 25 years may be removed, relocated,
55	55	or altered, including alteration to maintain historical accuracy,
56	56	only by formal action of the governing body of or the single state
57	57	officer who governs the state agency that erected the monument or
58	58	memorial[:
59	59	[(1) by the legislature;
60	60	[(2) by the Texas Historical Commission;
61	61	[(3) by the State Preservation Board; or
62	62	[(4) as provided by Subsection (c)].
63	63	(c) An additional [A] monument or memorial may be added
64	64	[removed, relocated, or altered in a manner otherwise provided by
65	65	this code as necessary to accommodate construction, repair, or
66	66	improvements] to the [monument or memorial or to the] surrounding
67	67	state property on which a [the] monument or memorial is located to
68	68	complement or contrast with the monument or memorial. [Any monument
69	69	or memorial that is permanently removed under this subsection must
70	70	be relocated to a prominent location.]
71	71	(d) Notwithstanding Section 2166.003, this section applies
72	72	to a monument or memorial on property of an institution of higher
73	73	education, as defined by Section 61.003, Education Code.
74	74	SECTION 3. Subtitle C, Title 10, Local Government Code, is
75	75	amended by adding Chapter 338 to read as follows:
76	76	CHAPTER 338. MONUMENTS AND MEMORIALS
77	77	Sec. 338.001. DEFINITION. In this chapter, "monument or
78	78	memorial" means a permanent monument, memorial, or other
79	79	designation, including a statue, portrait, plaque, seal, symbol,
80	80	cenotaph, building name, bridge name, park name, area name, or
81	81	street name, that honors an event or person of historical
82	82	significance.
83	83	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
84	84	monument or memorial that has been located on municipal or county
85	85	property:
86	86	(1) for at least 25 years may be removed, relocated, or
87	87	altered, including alteration to maintain historical accuracy,
88	88	only by approval of a majority of the voters of the municipality or
89	89	county, as applicable, voting at an election held for that purpose;
90	90	or
91	91	(2) for less than 25 years may be removed, relocated,
92	92	or altered, including alteration to maintain historical accuracy,
93	93	only by the governing body of the municipality or the commissioners
94	94	court of the county, as applicable.
95	95	Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An
96	96	additional monument or memorial may be added to the surrounding
97	97	municipal or county property on which a monument or memorial is
98	98	located to complement or contrast with the monument or memorial.
99	99	Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.
100	100	(a) A resident of a municipality or county, as applicable, may file
101	101	a complaint with the attorney general if the resident asserts facts
102	102	supporting an allegation that the municipality or county has
103	103	violated Section 338.002. The resident must include a sworn
104	104	statement with the complaint stating that to the best of the
105	105	resident's knowledge all of the facts asserted in the complaint are
106	106	true and correct.
107	107	(b) If the attorney general determines that a complaint
108	108	filed under Subsection (a) against a municipality or county is
109	109	valid, the attorney general may file a petition for a writ of
110	110	mandamus or apply for other appropriate equitable relief in a
111	111	district court in Travis County or in the county in which the
112	112	suspected violation of Section 338.002 is alleged to have occurred
113	113	to compel the municipality or county to comply with that section.
114	114	(c) A municipality or county that is found by a court as
115	115	having intentionally violated Section 338.002 is subject to a civil
116	116	penalty in an amount of:
117	117	(1) not less than $1,000 and not more than $1,500 for
118	118	the first violation; and
119	119	(2) not less than $25,000 and not more than $25,500 for
120	120	each subsequent violation.
121	121	(d) Each day of a continuing violation of Section 338.002
122	122	constitutes a separate violation for purposes of a civil penalty
123	123	under this section.
124	124	(e) The court that hears an action brought under this
125	125	section against a municipality or county shall determine the
126	126	amount of the civil penalty.
127	127	(f) A civil penalty collected under this section shall be
128	128	deposited to the credit of the general revenue fund.
129	129	(g) Sovereign immunity of this state and governmental
130	130	immunity of a county or municipality to suit is waived and abolished
131	131	to the extent of liability created by this section.
132	132	SECTION 4. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2023.