HB840 - Relating to the removal, relocation, alteration, or construction of certain monuments, memorials, or designations located on public property; authorizing a civil penalty.

  89R3444 CXP-F     By: Spiller H.B. No. 840       A BILL TO BE ENTITLED   AN ACT   relating to the removal, relocation, alteration, or construction of   certain monuments, memorials, or designations located on public   property; authorizing a civil penalty.          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 443.0081, Government Code, is reenacted   and amended to read as follows:          Sec. 443.0081.  HISTORICAL REPRESENTATION ADVISORY   COMMITTEE. (a)  To ensure that the diverse history of Texas is   accurately represented in the Capitol Complex, the historical   representation advisory committee shall provide advice and     guidance to the board on the addition and removal  of monuments in     [ to ] the Capitol Complex.          (b)  The advisory committee consists of the following 12   members:                (1)  four members appointed by the governor;                (2)  four members appointed by the lieutenant governor;   and                (3)  four members appointed by the speaker of the house   of representatives.          (c)  In making appointments under this section, the   governor, the lieutenant governor, and the speaker of the house of   representatives shall attempt to include African American Texans,   Hispanic American Texans, Native American Texans, female Texans,   and Texans exemplifying rural heritage.          (d)  The governor shall designate the presiding officer of   the committee from among the members of the committee. The   presiding officer serves a term of two years.          (e)  A member of the advisory committee serves at the   pleasure of the appointing officer and serves without compensation   or reimbursement of expenses.          (f)  The advisory committee shall conduct meetings the   committee considers necessary to provide advice and  guidance under   this section. The board shall provide necessary administrative   support to the advisory committee.          (g)  Subject to the approval of the board, the advisory   committee shall develop its own bylaws under which it shall   operate.          (h)  Chapter 2110 does not apply to the advisory committee.          (i)  The advisory committee is subject to the open meetings   law, Chapter 551.          (j)   Not later than December 1, 2026, the  [ The ] advisory   committee shall prepare and submit a report to the governor, board,   and legislature on the historical significance and relevance to the   history of this state of each monument in the Capitol Complex  [ is   subject to Chapter 325 (Texas Sunset Act).   Unless continued in   existence as provided by that chapter, the advisory committee is   abolished September 1, 2007 ].          (k)  The advisory committee shall:                (1)  collect information relating to each proposed   monument to the Capitol Complex; and                (2)  in cooperation with the chair of the history   department at Prairie View A&M University, at The University of   Texas at Austin, or at any other land grant university in the state,   as determined by the committee, ensure the:                      (A)  historical accuracy of any proposed   monument; and                      (B)  equitable representation of all Texans,   including African slaves, African Americans, Hispanic Americans,   Native Americans, women in Texas history, and Texans exemplifying   military service and rural heritage in additional monuments to the   Capitol Complex.          (l)  In this section, "monument" has the meaning assigned by   Section 443.0152 [ 443.015, as added by Chapter 1141, Acts of the   75th Legislature, Regular Session, 1997 ].           (m)     The advisory committee is abolished and this section   expires January 1, 2027.          SECTION 3.  Section 2166.5011, Government Code, is amended   to read as follows:          Sec. 2166.5011.  REMOVAL, RELOCATION, [ OR ] ALTERATION , OR   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, cenotaph,  building name, bridge name, park name, area name,   or street name, that:                (1)  is located on state owned or leased property; and                (2)  honors an event or person of historic significance   [ a citizen of this state for military or war-related service ].          (b)  Notwithstanding any other provision of this code and   except as provided by Section 2166.5012 , a monument or memorial   that has been located on state owned or leased property:                 (1)     for at least 25 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                 (2)  for less than 25 years may 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 [ :                [ (1)  by the legislature;                [ (2)  by the Texas Historical Commission;                [ (3)  by the State Preservation Board; or                [ (4)  as provided by Subsection (c) ].          (c)   An additional  [ A ] monument or memorial may be added   [ 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 owned or leased property on which a [ the ] monument or memorial   is located to complement or contrast with the monument or memorial .     [ Any monument or memorial that is permanently removed under this   subsection must be relocated to a prominent location. ]           (d)     Notwithstanding Section 2166.003, this section applies   to a monument or memorial on property of an institution of higher   education, as defined by Section 61.003, Education Code.          SECTION 4.  Subchapter K, Chapter 2166, Government Code, is   amended by adding Sections 2166.5012, 2166.5013, and 2166.5015 to   read as follows:           Sec.   2166.5012.     CERTAIN DESIGNATIONS BY INSTITUTIONS OF   HIGHER EDUCATION. (a)     In this section:                 (1)     "Designation" includes a designation of a   portrait, plaque, seal, symbol, building name, bridge name, park   name, area name, or street name.                 (2)     "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.           (b)     Notwithstanding Section 2166.003, an institution of   higher education may rename or alter a designation only if:                 (1)     the governing board of the institution of higher   education has previously adopted rules providing for the naming,   renaming, or altering of a designation in recognition of   philanthropic gifts to the institution; and                 (2)     the renaming or alteration is approved by the   governing board.           Sec.   2166.5013.     ALAMO CENOTAPH. (a)     In this section,   "Alamo Cenotaph" means the memorial to the Alamo defenders located   in the Alamo complex.           (b)     Notwithstanding any other law, no entity may alter,   remove, or relocate the Alamo Cenotaph from the location where the   cenotaph was first placed following its completion.           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) or   2166.5012.   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 that is suspected of violating Section   2166.5011(b) or 2166.5012 to comply with those sections.           (c)     An entity that is found by a court as having   intentionally violated Section 2166.5011(b) or 2166.5012 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) or 2166.5012 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 [Text truncated for display. 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