HB3227 - Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.

  89R29217 SCF-D     By: Gerdes, Bumgarner, et al. H.B. No. 3227     Substitute the following for H.B. No. 3227:     By:  Metcalf C.S.H.B. No. 3227       A BILL TO BE ENTITLED   AN ACT   relating to the removal, relocation, alteration, or construction of   certain monuments or memorials 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 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 historical   significance [ a citizen of this state for military or war-related   service ].          (b)  Notwithstanding any other provision of this code, a   monument or memorial 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.           (e)     This section does not apply to the Alamo complex. This   subsection expires January 2, 2028.           (f)     Subsection (b)(1) does not apply to real property the   Texas Facilities Commission is authorized to convey on behalf of   the state under Chapter 113 (S.B. 1349), Acts of the 86th   Legislature, Regular Session, 2019, as described by Section 2 of   that chapter.          SECTION 3.  Subchapter K, Chapter 2166, Government Code, is   amended by adding Section 2166.5012 to read as follows:           Sec.   2166.5012.     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.          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,   cenotaph, building name, bridge name, park name, area name, or   street name, that honors an event or person of historical   significance.           Sec.   338.002.     REMOVAL, RELOCATION, OR ALTERATION. A   monument or memorial located on municipal or county property:                 (1)     for at least 25 years may 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 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 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) A municipality or county resident, as applicable, may file with   the attorney general a complaint asserting facts supporting an   allegation that the municipality or county has violated Section   338.002.   The resident must 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)     If the attorney general determines 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 found by a court to have   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 hearing 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 September 1, 2025.