Bill Text: TX HB250 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; providing civil penalties.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-07-12 - Filed [HB250 Detail]
Download: Texas-2021-HB250-Introduced.html
| 87S10793 YDB-F | ||
| By: White | H.B. No. 250 | |
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| relating to the removal, relocation, alteration, or construction of | ||
| certain monuments or memorials located on public property; | ||
| providing civil penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 442.015(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) The commission may 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 the commission determines is eligible | ||
| for such listing or designation or for the construction of a | ||
| monument or memorial described by Section 2166.5011(c) or by | ||
| Section 338.003, Local Government Code. The financial assistance | ||
| may be in the amount and form and according to the terms that the | ||
| commission by rule determines. The commission shall give priority | ||
| to property the commission determines to be endangered by | ||
| demolition, neglect, underuse, looting, vandalism, or other threat | ||
| to the property. Gifts and grants deposited to the credit of the | ||
| account specifically for any eligible projects may be used only for | ||
| the type of projects specified. If such a specification is not | ||
| made, the gift or grant shall be unencumbered and accrue to the | ||
| benefit of the Texas preservation trust fund account. If such a | ||
| specification is made, the entire amount of the gift or grant may be | ||
| used during any period for the project or type of project specified. | ||
| SECTION 2. Section 2166.5011, Government Code, is amended | ||
| to read as follows: | ||
| Sec. 2166.5011. REMOVAL, RELOCATION, [ |
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| CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section, | ||
| "monument or memorial" means a permanent monument, memorial, or | ||
| other designation, including a statue, portrait, plaque, seal, | ||
| symbol, building name, bridge name, park name, area name, or street | ||
| name, that: | ||
| (1) is located on state property; and | ||
| (2) honors an event or person of historic significance | ||
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| (b) Notwithstanding any other provision of this code, a | ||
| monument or memorial that is located on state property: | ||
| (1) for at least 40 years may not be removed, | ||
| relocated, or altered; | ||
| (2) for at least 20 years but less than 40 years may 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 | ||
| (3) for less than 20 years may be removed, relocated, | ||
| or altered, including alteration to maintain historical accuracy, | ||
| only[ |
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| (c) An additional [ |
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| constructed on [ |
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| memorial is located to complement or contrast with the existing | ||
| monument or memorial. [ |
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| SECTION 3. Subchapter K, Chapter 2166, Government Code, is | ||
| amended by adding Section 2166.5015 to read as follows: | ||
| Sec. 2166.5015. COMPLAINT; EQUITABLE RELIEF; CIVIL | ||
| PENALTY. (a) A resident of this state may file a complaint with the | ||
| attorney general if the resident asserts facts supporting an | ||
| allegation that an entity has violated Section 2166.5011(b). The | ||
| resident must include a sworn statement with the complaint stating | ||
| that to the best of the resident's knowledge all of the facts | ||
| asserted in the complaint are true and correct. | ||
| (b) If the attorney general determines that a complaint | ||
| filed under Subsection (a) against an entity is valid, the attorney | ||
| general may file a petition for a writ of mandamus or apply for | ||
| other appropriate equitable relief in a district court in Travis | ||
| County to compel the entity suspected of violating Section | ||
| 2166.5011(b) to comply with that subsection. | ||
| (c) An entity found by a court to have intentionally | ||
| violated Section 2166.5011(b) is subject to a civil penalty in an | ||
| amount of: | ||
| (1) not less than $1,000 and not more than $1,500 for | ||
| the first violation; and | ||
| (2) not less than $25,000 and not more than $25,500 for | ||
| each subsequent violation. | ||
| (d) Each day of a continuing violation of Section | ||
| 2166.5011(b) constitutes a separate violation for purposes of a | ||
| civil penalty under this section. | ||
| (e) The court that hears an action brought under this | ||
| section against an entity shall determine the amount of the civil | ||
| penalty. | ||
| (f) A civil penalty collected under this section shall be | ||
| deposited to the credit of the general revenue fund. | ||
| (g) Sovereign immunity of this state to suit is waived and | ||
| abolished to the extent of liability created by this section. | ||
| SECTION 4. Subtitle C, Title 10, Local Government Code, is | ||
| amended by adding Chapter 338 to read as follows: | ||
| CHAPTER 338. MONUMENTS AND MEMORIALS | ||
| Sec. 338.001. DEFINITION. In this chapter, "monument or | ||
| memorial" means a permanent monument, memorial, or other | ||
| designation, including a statue, portrait, plaque, seal, symbol, | ||
| building name, bridge name, park name, area name, or street name, | ||
| that honors an event or person of historic significance. | ||
| Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A | ||
| monument or memorial that is located on municipal or county | ||
| property: | ||
| (1) for at least 40 years may not be removed, | ||
| relocated, or altered; | ||
| (2) for at least 20 years but less than 40 years may be | ||
| removed, relocated, or altered, including alteration to maintain | ||
| historical accuracy, only by approval of a majority of the voters of | ||
| the municipality or county, as applicable, voting at an election | ||
| held for that purpose; or | ||
| (3) for less than 20 years may 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. An | ||
| additional monument or memorial may be constructed on the | ||
| surrounding municipal or county property on which a monument or | ||
| memorial is located to complement or contrast with the existing | ||
| monument or memorial. | ||
| Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY. | ||
| (a) A resident of a municipality or county, as applicable, may file | ||
| a complaint with the attorney general if the resident asserts facts | ||
| supporting an allegation that the municipality or county has | ||
| violated Section 338.002. The resident must include a sworn | ||
| statement with the complaint stating that to the best of the | ||
| resident's knowledge all of the facts asserted in the complaint are | ||
| true and correct. | ||
| (b) If the attorney general determines that a complaint | ||
| filed under Subsection (a) against a municipality or county is | ||
| valid, the attorney general may 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) A municipality or county that is found by a court as | ||
| having intentionally violated Section 338.002 is subject to a civil | ||
| penalty in an amount of: | ||
| (1) not less than $1,000 and not more than $1,500 for | ||
| the first violation; and | ||
| (2) not less than $25,000 and not more than $25,500 for | ||
| each subsequent violation. | ||
| (d) Each day of a continuing violation of Section 338.002 | ||
| constitutes a separate violation for purposes of a civil penalty | ||
| under this section. | ||
| (e) The court that hears an action brought under this | ||
| section against a municipality or county shall determine the | ||
| amount of the civil penalty. | ||
| (f) A civil penalty collected under this section shall be | ||
| deposited to the credit of the general revenue fund. | ||
| (g) 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 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
