Bill Text: TX HB2648 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to maintaining certain monuments and memorials and the names of certain public institutions; providing civil penalties.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Culture, Recreation & Tourism [HB2648 Detail]
Download: Texas-2019-HB2648-Introduced.html
By: Biedermann | H.B. No. 2648 |
|
||
|
||
relating to maintaining certain monuments and memorials and the | ||
names of certain public institutions; providing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Historical | ||
Protection Act. | ||
SECTION 2. Subchapter F, Chapter 11, Education Code, is | ||
amended by adding Sections 11.256 and 11.257 to read as follows: | ||
Sec. 11.256. DISTRICT AND CAMPUS NAME CHANGES. (a) If a | ||
school district or campus has operated under its current name for at | ||
least 20 years, the name may be changed only by approval of a | ||
majority of the voters of the school district voting at an election | ||
held for that purpose. | ||
(b) No public funds may be expended to change the name of a | ||
district or campus under this section. | ||
Sec. 11.257. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL PENALTY | ||
AND INJUNCTION. (a) The attorney general may institute an action | ||
in district court to: | ||
(1) recover a civil penalty for a violation of Section | ||
11.256(a); and | ||
(2) seek equitable relief to enjoin the violation. | ||
(b) A school district or campus that violates Section | ||
11.256(a) is subject to a civil penalty of $1,000 for each | ||
violation. Each day a violation continues is a separate violation | ||
for purposes of a civil penalty assessed under this section. | ||
(c) A civil penalty collected under this section shall be | ||
deposited to the credit of the general revenue fund. | ||
SECTION 3. Section 2166.5011, Government Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsections (d) and | ||
(e) to read as follows: | ||
(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, school name, or street name, that: | ||
(1) is located on state property; and | ||
(2) honors an event or person of historical | ||
significance [ |
||
|
||
(b) Notwithstanding any other provision of this code and | ||
except as provided by Subsection (c), a monument or memorial that | ||
has been located on state property: | ||
(1) for at least 20 years may be removed, relocated, or | ||
altered only by approval of a concurrent resolution authorizing the | ||
removal, relocation, or alteration by a two-thirds vote of the | ||
members of each house of the legislature; or | ||
(2) for less than 20 years may be removed, relocated, | ||
or altered only by: | ||
(A) [ |
||
(B) [ |
||
(C) [ |
||
[ |
||
(d) Notwithstanding Section 2166.003, this section applies | ||
to a monument or memorial on the property of an institution of | ||
higher education as defined by Section 61.003, Education Code. | ||
(e) Except as provided by Subsection (c), no public funds | ||
may be expended to remove, relocate, or alter a monument or memorial | ||
under this section. | ||
SECTION 4. Subchapter K, Chapter 2166, Government Code, is | ||
amended by adding Section 2166.5012 to read as follows: | ||
Sec. 2166.5012. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL | ||
PENALTY AND INJUNCTION. (a) The attorney general may institute an | ||
action in district court to: | ||
(1) recover a civil penalty for a violation of Section | ||
2166.5011(b); and | ||
(2) seek equitable relief to enjoin the violation. | ||
(b) An entity that violates Section 2166.5011(b) is subject | ||
to a civil penalty of $1,000 for each violation. Each day a | ||
violation continues is a separate violation for purposes of a civil | ||
penalty assessed under this section. | ||
(c) A civil penalty collected under this section shall be | ||
deposited to the credit of the general revenue fund. | ||
SECTION 5. 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 historical significance. | ||
Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION OF | ||
MONUMENT OR MEMORIAL. (a) Except as provided by Section 338.003, a | ||
monument or memorial that has been located on municipal or county | ||
property for at least 20 years may be removed, relocated, or altered | ||
only by approval of a majority of the voters of the municipality or | ||
county, as applicable, voting at an election held for that purpose. | ||
(b) No public funds may be expended to remove, relocate, or | ||
alter a monument or memorial under this section. | ||
Sec. 338.003. CONSTRUCTION, REPAIR, OR IMPROVEMENTS. (a) | ||
A monument or memorial that is located on municipal or county | ||
property may be removed, relocated, or altered as necessary to | ||
accommodate construction, repair, or improvements to the monument | ||
or memorial or to the surrounding property on which the monument or | ||
memorial is located. | ||
(b) Any monument or memorial that is permanently removed | ||
under this section must be relocated to a prominent location. | ||
Sec. 338.004. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL | ||
PENALTY AND INJUNCTION. (a) The attorney general may institute an | ||
action in district court to: | ||
(1) recover a civil penalty for a violation of Section | ||
338.002(a); and | ||
(2) seek equitable relief to enjoin the violation. | ||
(b) A municipality or county that violates Section | ||
338.002(a) is subject to a civil penalty of $1,000 for each | ||
violation. Each day a violation continues is a separate violation | ||
for purposes of a civil penalty assessed under this section. | ||
(c) A civil penalty collected under this section shall be | ||
deposited to the credit of the general revenue fund. | ||
SECTION 6. (a) Section 11.256, Education Code, as added by | ||
this Act, applies only to a school district or campus name change | ||
made on or after the effective date of this Act. A name change made | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
(b) Section 2166.5011, Government Code, as amended by this | ||
Act, applies only to a monument or memorial removed, relocated, or | ||
altered on or after the effective date of this Act. A monument or | ||
memorial removed, relocated, or altered before the effective date | ||
of this Act is governed by the law in effect immediately before that | ||
date, and that law is continued in effect for that purpose. | ||
(c) Chapter 338, Local Government Code, as added by this | ||
Act, applies only to a monument or memorial removed, relocated, or | ||
altered on or after the effective date of this Act. A monument or | ||
memorial removed, relocated, or altered before the effective date | ||
of this Act is governed by the law in effect immediately before that | ||
date, and that law is continued in effect for that purpose. | ||
SECTION 7. 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, 2019. |