87R6947 MTB-D

By: Creighton, et al. S.B. No. 1416

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, 2022, 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, 2023.

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 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 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, cenotaph, 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 has been 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 supermajority vote by the governing body of the municipality or the commissioners court of the county, as applicable; 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 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 6. Not later than January 1, 2022, the governor, the lieutenant governor, and the speaker of the house of representatives shall make the appointments to the historical representation advisory committee under Section 443.0081, Government Code, as reenacted and amended by this Act.

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, 2021.