Texas 2025 - 89th Regular

Texas Senate Bill SB317

Filed
11/12/24  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.

Impact

The implications of SB 317 on state laws are significant, particularly regarding local governance over public monuments. By legislating the procedures for altering or removing these monuments, the bill centralizes authority with the state legislature, which could diminish local control. Local governments may find themselves limited in their ability to respond to community sentiments regarding historical representations in public spaces, as any alterations would necessitate a higher level of legislative approval. Furthermore, the introduction of civil penalties for non-compliance aims to enforce adherence to these regulations, potentially shifting the dynamics of local governance over such matters.

Summary

Senate Bill 317 aims to regulate the removal, relocation, alteration, or construction of monuments and memorials located on public property in Texas. This bill sets specific criteria for how monuments that have been established for at least 25 years may be altered or removed, allowing such actions only through a concurrent resolution with a two-thirds majority vote from both houses of the legislature. For monuments less than 25 years old, the processes are streamlined, permitting adjustments with formal action from the respective governing bodies or agencies that erected the monuments. Additionally, the bill introduces a civil penalty for municipalities or counties that fail to comply with these regulations.

Sentiment

The sentiment surrounding SB 317 appears to be mixed, with supporters advocating for the protection of historically significant monuments and maintaining a process that reflects broader legislative oversight. Opponents, however, express concern about the eroding of local governance, fearing that communities will lack the autonomy to address their unique historical contexts and concerns related to public memorials. This divergence signifies a broader debate about the balance of power between state and local authorities, particularly in matters that impact community identity and historical representation.

Contention

Notable points of contention include the perceived overreach of state power into local affairs, especially on issues deeply rooted in community heritage and historical narratives. Critics argue that requiring a two-thirds legislative approval to alter or remove long-standing monuments does not consider local community contexts and their evolving values. Furthermore, there are concerns about the civil penalties included in the bill, which may discourage local governments from considering changes to memorials or statues, even those that reflect modern societal views.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2. Firearm Suppressor Regulation
    • Section: New Section
  • Chapter 1. General Provisions
    • Section: New Section
  • Chapter 442. Texas Historical Commission
    • Section: 015
  • Chapter 2166. Building Construction And Acquisition And Disposition Of Real Property
    • Section: 5011

Companion Bills

TX HB3227

Identical Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.

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