LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 22, 2025 TO: Honorable Phil King, Chair, Senate Committee on Economic Development FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB317 by Creighton (Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.), As Introduced The fiscal implications of the bill cannot be determined at this time due to the unknown amount of civil penalties that would be imposed resulting from actions authorized by the bill. The bill would modify the requirements for removing, relocating, altering, or constructing monuments on state property. The bill would also add requirements prior to the removal, relocation or alteration of memorials on municipal or county property. The bill would authorize the Office of the Attorney General (OAG) to pursue civil penalties against municipalities or counties for violation of the act.According to the Texas Facilities Commission, including leased space in the bill provisions could result in limitations on landlords. The bill is unclear if a landlord would be restricted from removing, relocating, altering, or construction of certain monument, memorials, or designations associated with space leased to a state agency.It is assumed that any costs associated with the bill's implementation could be absorbed using existing resources.Any potential increase to the General Revenue Fund from the deposit of civil penalties resulting from actions authorized by the bill cannot be estimated at this time.Note: This legislation would do one or more of the following: create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either in, with, or outside the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature. Local Government ImpactThe bill would provide that to alter a monument or memorial located on municipal or county property for at least 25 years, the measure must be approved by a majority of the municipality or county voters. For monuments or memorials located on municipal or county property for less than 25 years, the governing body of the municipality or the commissioners court of the county would have to approve the measure. The bill would provide procedures for a municipal or county resident to file complaint with the attorney general, asserting facts supporting an allegation that the municipality or county has violated this act. The bill allows the attorney general to impose civil penalties upon a municipality or county for intentional violations of the procedures. The fiscal implications to units of local government from imposition of civil penalties cannot be determined at this time. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 303 Facilities Commission, 304 Comptroller of Public Accounts, 710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 769 University of North Texas System Administration, 775 Texas Woman's University System, 783 University of Houston System Administration, 808 Historical Commission, 809 Preservation Board LBB Staff: b > td > JMc, RStu, LCO, JKe, NV
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 22, 2025
TO: Honorable Phil King, Chair, Senate Committee on Economic Development FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB317 by Creighton (Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.), As Introduced
TO: Honorable Phil King, Chair, Senate Committee on Economic Development
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB317 by Creighton (Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.), As Introduced
Honorable Phil King, Chair, Senate Committee on Economic Development
Honorable Phil King, Chair, Senate Committee on Economic Development
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB317 by Creighton (Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.), As Introduced
SB317 by Creighton (Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.), As Introduced
The fiscal implications of the bill cannot be determined at this time due to the unknown amount of civil penalties that would be imposed resulting from actions authorized by the bill.
The fiscal implications of the bill cannot be determined at this time due to the unknown amount of civil penalties that would be imposed resulting from actions authorized by the bill.
The bill would modify the requirements for removing, relocating, altering, or constructing monuments on state property. The bill would also add requirements prior to the removal, relocation or alteration of memorials on municipal or county property. The bill would authorize the Office of the Attorney General (OAG) to pursue civil penalties against municipalities or counties for violation of the act.According to the Texas Facilities Commission, including leased space in the bill provisions could result in limitations on landlords. The bill is unclear if a landlord would be restricted from removing, relocating, altering, or construction of certain monument, memorials, or designations associated with space leased to a state agency.It is assumed that any costs associated with the bill's implementation could be absorbed using existing resources.Any potential increase to the General Revenue Fund from the deposit of civil penalties resulting from actions authorized by the bill cannot be estimated at this time.Note: This legislation would do one or more of the following: create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either in, with, or outside the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.
Local Government Impact
The bill would provide that to alter a monument or memorial located on municipal or county property for at least 25 years, the measure must be approved by a majority of the municipality or county voters. For monuments or memorials located on municipal or county property for less than 25 years, the governing body of the municipality or the commissioners court of the county would have to approve the measure. The bill would provide procedures for a municipal or county resident to file complaint with the attorney general, asserting facts supporting an allegation that the municipality or county has violated this act. The bill allows the attorney general to impose civil penalties upon a municipality or county for intentional violations of the procedures. The fiscal implications to units of local government from imposition of civil penalties cannot be determined at this time.
The fiscal implications to units of local government from imposition of civil penalties cannot be determined at this time.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 303 Facilities Commission, 304 Comptroller of Public Accounts, 710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 769 University of North Texas System Administration, 775 Texas Woman's University System, 783 University of Houston System Administration, 808 Historical Commission, 809 Preservation Board
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 303 Facilities Commission, 304 Comptroller of Public Accounts, 710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 769 University of North Texas System Administration, 775 Texas Woman's University System, 783 University of Houston System Administration, 808 Historical Commission, 809 Preservation Board
LBB Staff: b > td > JMc, RStu, LCO, JKe, NV
JMc, RStu, LCO, JKe, NV