Texas 2025 - 89th Regular

Texas Senate Bill SB317 Compare Versions

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

Old	New	Differences
1	1	89R4452 SCF-D
2	2	By: Creighton S.B. No. 317
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the removal, relocation, alteration, or construction of
10	10	certain monuments or memorials located on public property;
11	11	authorizing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 442.015(b), Government Code, is amended
14	14	to read as follows:
15	15	(b) The commission may use distributions from the Texas
16	16	preservation trust fund account to provide financial assistance to
17	17	public or private entities for the acquisition, survey,
18	18	restoration, or preservation, or for planning and educational
19	19	activities leading to the preservation, of historic property in the
20	20	state that is listed in the National Register of Historic Places or
21	21	designated as a State Archeological Landmark or Recorded Texas
22	22	Historic Landmark, or that the commission determines is eligible
23	23	for such listing or designation or for the construction of a
24	24	monument or memorial described by Section 2166.5011(c) or by
25	25	Section 338.003, Local Government Code. The financial assistance
26	26	may be in the amount and form and according to the terms that the
27	27	commission by rule determines. The commission shall give priority
28	28	to property the commission determines to be endangered by
29	29	demolition, neglect, underuse, looting, vandalism, or other threat
30	30	to the property. Gifts and grants deposited to the credit of the
31	31	account specifically for any eligible projects may be used only for
32	32	the type of projects specified. If such a specification is not
33	33	made, the gift or grant shall be unencumbered and accrue to the
34	34	benefit of the Texas preservation trust fund account. If such a
35	35	specification is made, the entire amount of the gift or grant may be
36	36	used during any period for the project or type of project specified.
37	37	SECTION 2. Section 2166.5011, Government Code, is amended
38	38	to read as follows:
39	39	Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR
40	40	CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section,
41	41	"monument or memorial" means a permanent monument, memorial, or
42	42	other designation, including a statue, portrait, plaque, seal,
43	43	symbol, cenotaph, building name, bridge name, park name, area name,
44	44	or street name, that:
45	45	(1) is located on state property; and
46	46	(2) honors an event or person of historical
47	47	significance [a citizen of this state for military or war-related
48	48	service].
49	49	(b) Notwithstanding any other provision of this code, a
50	50	monument or memorial located on state property:
51	51	(1) for at least 25 years may be removed, relocated, or
52	52	altered only by approval of a concurrent resolution authorizing the
53	53	removal, relocation, or alteration, including alteration to
54	54	maintain historical accuracy, by a two-thirds vote of the members
55	55	of each house of the legislature; or
56	56	(2) for less than 25 years may be removed, relocated,
57	57	or altered, including alteration to maintain historical accuracy,
58	58	only by formal action of the governing body of or the single state
59	59	officer who governs the state agency that erected the monument or
60	60	memorial[:
61	61	[(1) by the legislature;
62	62	[(2) by the Texas Historical Commission;
63	63	[(3) by the State Preservation Board; or
64	64	[(4) as provided by Subsection (c)].
65	65	(c) An additional [A] monument or memorial may be added
66	66	[removed, relocated, or altered in a manner otherwise provided by
67	67	this code as necessary to accommodate construction, repair, or
68	68	improvements] to the [monument or memorial or to the] surrounding
69	69	state property on which a [the] monument or memorial is located to
70	70	complement or contrast with the monument or memorial. [Any monument
71	71	or memorial that is permanently removed under this subsection must
72	72	be relocated to a prominent location.]
73	73	(d) Notwithstanding Section 2166.003, this section applies
74	74	to a monument or memorial on property of an institution of higher
75	75	education, as defined by Section 61.003, Education Code.
76	76	SECTION 3. Subtitle C, Title 10, Local Government Code, is
77	77	amended by adding Chapter 338 to read as follows:
78	78	CHAPTER 338. MONUMENTS AND MEMORIALS
79	79	Sec. 338.001. DEFINITION. In this chapter, "monument or
80	80	memorial" means a permanent monument, memorial, or other
81	81	designation, including a statue, portrait, plaque, seal, symbol,
82	82	cenotaph, building name, bridge name, park name, area name, or
83	83	street name, that honors an event or person of historical
84	84	significance.
85	85	Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A
86	86	monument or memorial located on municipal or county property:
87	87	(1) for at least 25 years may be removed, relocated, or
88	88	altered, including alteration to maintain historical accuracy,
89	89	only by approval of a majority of the municipality or county voters,
90	90	as applicable, voting at an election held for that purpose; 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 municipality or county resident, as applicable, may file with
101	101	the attorney general a complaint asserting facts supporting an
102	102	allegation that the municipality or county has violated Section
103	103	338.002. The resident must include with the complaint a sworn
104	104	statement stating to the best of the resident's knowledge all of the
105	105	facts asserted in the complaint are true and correct.
106	106	(b) If the attorney general determines a complaint filed
107	107	under Subsection (a) against a municipality or county is valid, the
108	108	attorney general may file a petition for a writ of mandamus or apply
109	109	for other appropriate equitable relief in a district court in
110	110	Travis County or in the county in which the suspected violation of
111	111	Section 338.002 is alleged to have occurred to compel the
112	112	municipality or county to comply with that section.
113	113	(c) A municipality or county found by a court to have
114	114	intentionally violated Section 338.002 is subject to a civil
115	115	penalty in an amount of:
116	116	(1) not less than $1,000 and not more than $1,500 for
117	117	the first violation; and
118	118	(2) not less than $25,000 and not more than $25,500 for
119	119	each subsequent violation.
120	120	(d) Each day of a continuing violation of Section 338.002
121	121	constitutes a separate violation for purposes of a civil penalty
122	122	under this section.
123	123	(e) The court hearing an action brought under this section
124	124	against a municipality or county shall determine the amount of the
125	125	civil penalty.
126	126	(f) A civil penalty collected under this section shall be
127	127	deposited to the credit of the general revenue fund.
128	128	(g) Sovereign immunity of this state and governmental
129	129	immunity of a county or municipality to suit is waived and abolished
130	130	to the extent of liability created by this section.
131	131	SECTION 4. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2025.