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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal, relocation, or alteration of certain |
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monuments or memorials located on public property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2166.5011, Government Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (d) to |
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read as follows: |
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(a) In this section, "monument or memorial" means a |
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permanent monument, memorial, or other designation, including a |
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statue, portrait, plaque, seal, symbol, building name, bridge name, |
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park name, area name, or street name, that: |
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(1) is located on state property; and |
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(2) honors an event or person of historic significance |
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[a citizen of this state for military or war-related service]. |
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(b) Notwithstanding any other provision of this code and |
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except as provided by Subsection (c), a monument or memorial that is |
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located on state property: |
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(1) for at least 40 years may not be removed, |
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relocated, or altered; |
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(2) for at least 20 years but less than 40 years may be |
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removed, relocated, or altered only by approval of a concurrent |
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resolution authorizing the removal, relocation, or alteration by a |
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two-thirds vote of the members of each house of the legislature; or |
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(3) for less than 20 years may be removed, relocated, |
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or altered only by: |
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(A) [(1) by] the legislature; |
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(B) [(2) by] the Texas Historical Commission; or |
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(C) [(3) by] the State Preservation Board[; or
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[(4) as provided by Subsection (c)]. |
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(d) Notwithstanding Section 2166.003, this section applies |
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to a monument or memorial on property of an institution of higher |
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education, as defined by Section 61.003, Education Code. |
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SECTION 2. Subtitle C, Title 10, Local Government Code, is |
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amended by adding Chapter 338 to read as follows: |
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CHAPTER 338. MONUMENTS AND MEMORIALS |
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Sec. 338.001. DEFINITION. In this chapter, "monument or |
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memorial" means a permanent monument, memorial, or other |
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designation, including a statue, portrait, plaque, seal, symbol, |
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building name, bridge name, park name, area name, or street name, |
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that honors an event or person of historic significance. |
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Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION OF |
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MONUMENT OR MEMORIAL. Except as provided by Section 338.003, a |
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monument or memorial that is located on municipal or county |
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property: |
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(1) for at least 40 years may not be removed, |
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relocated, or altered; or |
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(2) for at least 20 years but less than 40 years may be |
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removed, relocated, or altered only by approval of a majority of the |
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voters of the municipality or county, as applicable, voting at an |
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election held for that purpose. |
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Sec. 338.003. CONSTRUCTION, REPAIR, OR IMPROVEMENTS. (a) |
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A monument or memorial that is located on municipal or county |
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property may be removed, relocated, or altered as necessary to |
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accommodate construction, repair, or improvements to the monument |
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or memorial or to the surrounding property on which the monument or |
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memorial is located. |
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(b) Any monument or memorial that is permanently removed |
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under this section must be relocated to a prominent location. |
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SECTION 3. 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 December 1, 2017. |