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A BILL TO BE ENTITLED
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AN ACT
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relating to the preservation, maintenance, and restoration of the |
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Alamo Cenotaph; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 31, Natural Resources |
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Code, is amended by adding Section 31.4515 to read as follows: |
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Sec. 31.4515. PRESERVATION, MAINTENANCE, AND RESTORATION |
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OF ALAMO CENOTAPH. (a) The land office has the power of eminent |
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domain to acquire in the manner provided by Chapter 21, Property |
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Code, any property necessary to preserve, maintain, and restore the |
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Alamo Cenotaph and to carry out the purposes of this section, |
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including the acquisition of the cenotaph and the land immediately |
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underneath and adjacent to the cenotaph. |
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(b) Subject to Subsection (d), the land office is |
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responsible for the preservation, maintenance, and restoration of |
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the Alamo Cenotaph and has jurisdiction over the land immediately |
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underneath and adjacent to the cenotaph. The land office shall |
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determine and officially designate a reasonable amount of land as |
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the land immediately underneath and adjacent to the cenotaph for |
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purposes of this section. |
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(c) Any power or duty related to the Alamo Cenotaph formerly |
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vested in another state agency or local governmental entity, |
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including the City of San Antonio, is vested solely in the land |
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office in accordance with this section. |
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(d) All major projects related to the preservation, |
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maintenance, and restoration of the Alamo Cenotaph, including any |
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project that requires movement of the cenotaph from its original |
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location, must be approved: |
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(1) unanimously by the governor, lieutenant governor, |
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and speaker of the house of representatives; and |
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(2) by a majority of the members of the Texas |
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Historical Commission. |
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(e) The cenotaph may not be moved to a location outside of |
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the area that constituted the original Alamo Plaza. |
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(f) A local governmental entity may not exercise any control |
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over the Alamo Cenotaph and the land immediately underneath and |
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adjacent to the cenotaph or move the cenotaph from its original |
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location in the Alamo Plaza. |
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(g) A writ of mandamus and any other legal and equitable |
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remedy is available to a party in interest to require the land |
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office, a local governmental entity, and any other party to comply |
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with this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |