BILL ANALYSIS Senate Research Center S.B. 317 89R4452 SCF-D By: Creighton Economic Development 4/22/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Our past is complicated, and our republic was built by imperfect men and women. There are parts of Texas history that we can learn fromgood and bad, but running from history will only prevent future generations from learning the hard lessons. S.B. 317 creates a framework for removal or relocation of historical monuments in the state, ensuring public input and a well thought out process. This bill would require that monuments and memorials having stood for 25 or more years be altered, removed, or relocated only after a majority vote by the voters of the affected municipality or county. If a monument or memorial has stood for less than 25 years, changes can only be enacted by the governing body of the municipality or the commissioners court of the county. As proposed, S.B. 317 amends current law relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property and authorizes a civil penalty. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 442.015(b), Government Code, as follows: (b) Authorizes the Texas Historical Commission (THC) to use distributions from the Texas preservation trust fund account to provide financial assistance to public or private entities for the acquisition, survey, restoration, or preservation, or for planning and educational activities leading to the preservation, of historic property in the state that is listed in the National Register of Historic Places or designated as a State Archeological Landmark or Recorded Texas Historic Landmark, or that THC determines is eligible for such listing or designation or for the construction of a monument or memorial described by Section 2166.5011(c) (relating to circumstances under which a monument or memorial is authorized to be removed, relocated, or altered for the purposes of construction, repair, or improvements) or by Section 338.003, Local Government Code. SECTION 2. Amends Section 2166.5011, Government Code, as follows: Sec. 2166.5011. New heading: REMOVAL, RELOCATION, ALTERATION, OR CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) Redefines "monument or memorial." (b) Provides that, notwithstanding any other provision of the Government Code, a monument or memorial located on state property: (1) for at least 25 years is authorized to be removed, relocated, or altered only by approval of a concurrent resolution authorizing the removal, relocation, or alteration, including alteration to maintain historical accuracy, by a two-thirds vote of the members of each house of the legislature; or (2) for less than 25 years is authorized to be removed, relocated, or altered, including alteration to maintain historical accuracy, only by formal action of the governing body of or the single state officer who governs the state agency that erected the monument or memorial. Deletes existing text authorizing a monument or memorial to be removed, relocated, or altered by the legislature, THC, or the State Preservation Board, or as provided by Subsection (c). (c) Authorizes an additional monument or memorial to be added to the surrounding state property on which a monument or memorial is located to complement or contrast with the monument or memorial. Deletes existing text authorizing a monument or memorial to be removed, relocated, or altered in a manner otherwise provided by this code as necessary to accommodate construction, repair, or improvements to the monument or memorial or to the surrounding state property on which the monument or memorial is located. Deletes existing text requiring that any monument or memorial that is permanently removed under this subsection be relocated to a prominent location. (d) Provides that, notwithstanding Section 2166.003 (Exceptions), this section applies to a monument or memorial on property of an institution of higher education, as defined by Section 61.003 (Definitions), Education Code. SECTION 3. Amends Subtitle C, Title 10, Local Government Code, by adding Chapter 338, as follows: CHAPTER 338. MONUMENTS AND MEMORIALS Sec. 338.001. DEFINITION. Defines "monument or memorial." Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. Provides that a monument or memorial located on municipal or county property: (1) for at least 25 years is authorized to be removed, relocated, or altered, including alteration to maintain historical accuracy, only by approval of a majority of the municipality or county voters, as applicable, voting at an election held for that purpose; or (2) for less than 25 years is authorized to be removed, relocated, or altered, including alteration to maintain historical accuracy, only by the governing body of the municipality or the commissioners court of the county, as applicable. Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. Authorizes an additional monument or memorial to be added to the surrounding municipal or county property on which a monument or memorial is located to complement or contrast with the monument or memorial. Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY. (a) Authorizes a municipality or county resident, as applicable, to file with the attorney general a complaint asserting facts supporting an allegation that the municipality or county has violated Section 338.002. Requires the resident to include with the complaint a sworn statement stating to the best of the resident's knowledge all of the facts asserted in the complaint are true and correct. (b) Authorizes the attorney general, if the attorney general determines a complaint filed under Subsection (a) against a municipality or county is valid, to file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Travis County or in the county in which the suspected violation of Section 338.002 is alleged to have occurred to compel the municipality or county to comply with that section. (c) Provides that a municipality or county found by a court to have intentionally violated Section 338.002 is subject to a civil penalty in an amount of not less than $1,000 and not more than $1,500 for the first violation and not less than $25,000 and not more than $25,500 for each subsequent violation. (d) Provides that each day of a continuing violation of Section 338.002 constitutes a separate violation for purposes of a civil penalty under this section. (e) Requires the court hearing an action brought under this section against a municipality or county to determine the amount of the civil penalty. (f) Requires that a civil penalty collected under this section be deposited to the credit of the general revenue fund. (g) Provides that sovereign immunity of this state and governmental immunity of a county or municipality to suit is waived and abolished to the extent of liability created by this section. SECTION 4. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 317
89R4452 SCF-D By: Creighton
Economic Development
4/22/2025
As Filed
Senate Research Center
S.B. 317
89R4452 SCF-D
By: Creighton
Economic Development
4/22/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Our past is complicated, and our republic was built by imperfect men and women. There are parts of Texas history that we can learn fromgood and bad, but running from history will only prevent future generations from learning the hard lessons. S.B. 317 creates a framework for removal or relocation of historical monuments in the state, ensuring public input and a well thought out process.
This bill would require that monuments and memorials having stood for 25 or more years be altered, removed, or relocated only after a majority vote by the voters of the affected municipality or county. If a monument or memorial has stood for less than 25 years, changes can only be enacted by the governing body of the municipality or the commissioners court of the county.
As proposed, S.B. 317 amends current law relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property and authorizes a civil penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 442.015(b), Government Code, as follows:
(b) Authorizes the Texas Historical Commission (THC) to use distributions from the Texas preservation trust fund account to provide financial assistance to public or private entities for the acquisition, survey, restoration, or preservation, or for planning and educational activities leading to the preservation, of historic property in the state that is listed in the National Register of Historic Places or designated as a State Archeological Landmark or Recorded Texas Historic Landmark, or that THC determines is eligible for such listing or designation or for the construction of a monument or memorial described by Section 2166.5011(c) (relating to circumstances under which a monument or memorial is authorized to be removed, relocated, or altered for the purposes of construction, repair, or improvements) or by Section 338.003, Local Government Code.
SECTION 2. Amends Section 2166.5011, Government Code, as follows:
Sec. 2166.5011. New heading: REMOVAL, RELOCATION, ALTERATION, OR CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) Redefines "monument or memorial."
(b) Provides that, notwithstanding any other provision of the Government Code, a monument or memorial located on state property:
(1) for at least 25 years is authorized to be removed, relocated, or altered only by approval of a concurrent resolution authorizing the removal, relocation, or alteration, including alteration to maintain historical accuracy, by a two-thirds vote of the members of each house of the legislature; or
(2) for less than 25 years is authorized to be removed, relocated, or altered, including alteration to maintain historical accuracy, only by formal action of the governing body of or the single state officer who governs the state agency that erected the monument or memorial.
Deletes existing text authorizing a monument or memorial to be removed, relocated, or altered by the legislature, THC, or the State Preservation Board, or as provided by Subsection (c).
(c) Authorizes an additional monument or memorial to be added to the surrounding state property on which a monument or memorial is located to complement or contrast with the monument or memorial. Deletes existing text authorizing a monument or memorial to be removed, relocated, or altered in a manner otherwise provided by this code as necessary to accommodate construction, repair, or improvements to the monument or memorial or to the surrounding state property on which the monument or memorial is located. Deletes existing text requiring that any monument or memorial that is permanently removed under this subsection be relocated to a prominent location.
(d) Provides that, notwithstanding Section 2166.003 (Exceptions), this section applies to a monument or memorial on property of an institution of higher education, as defined by Section 61.003 (Definitions), Education Code.
SECTION 3. Amends Subtitle C, Title 10, Local Government Code, by adding Chapter 338, as follows:
CHAPTER 338. MONUMENTS AND MEMORIALS
Sec. 338.001. DEFINITION. Defines "monument or memorial."
Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. Provides that a monument or memorial located on municipal or county property:
(1) for at least 25 years is authorized to be removed, relocated, or altered, including alteration to maintain historical accuracy, only by approval of a majority of the municipality or county voters, as applicable, voting at an election held for that purpose; or
(2) for less than 25 years is authorized to be removed, relocated, or altered, including alteration to maintain historical accuracy, only by the governing body of the municipality or the commissioners court of the county, as applicable.
Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. Authorizes an additional monument or memorial to be added to the surrounding municipal or county property on which a monument or memorial is located to complement or contrast with the monument or memorial.
Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY. (a) Authorizes a municipality or county resident, as applicable, to file with the attorney general a complaint asserting facts supporting an allegation that the municipality or county has violated Section 338.002. Requires the resident to include with the complaint a sworn statement stating to the best of the resident's knowledge all of the facts asserted in the complaint are true and correct.
(b) Authorizes the attorney general, if the attorney general determines a complaint filed under Subsection (a) against a municipality or county is valid, to file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Travis County or in the county in which the suspected violation of Section 338.002 is alleged to have occurred to compel the municipality or county to comply with that section.
(c) Provides that a municipality or county found by a court to have intentionally violated Section 338.002 is subject to a civil penalty in an amount of not less than $1,000 and not more than $1,500 for the first violation and not less than $25,000 and not more than $25,500 for each subsequent violation.
(d) Provides that each day of a continuing violation of Section 338.002 constitutes a separate violation for purposes of a civil penalty under this section.
(e) Requires the court hearing an action brought under this section against a municipality or county to determine the amount of the civil penalty.
(f) Requires that a civil penalty collected under this section be deposited to the credit of the general revenue fund.
(g) Provides that sovereign immunity of this state and governmental immunity of a county or municipality to suit is waived and abolished to the extent of liability created by this section.
SECTION 4. Effective date: upon passage or September 1, 2025.