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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. This Act may be
cited as the Texas Hero Protection Act.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 2166.501,
Government Code, is amended to read as follows:
Sec. 2166.501. MONUMENTS AND
MEMORIALS. (a) A monument or memorial for [Texas] heroes of the Confederate States of America or
the Texas War for Independence or to commemorate another event or person of
historical significance to Texans and this state may be erected on land
owned or acquired by the state or,
if a suitable contract can be
made for permanent preservation of the monument or memorial, on private
property or land owned by the federal government, another state of the
United States, or a foreign country [or other states].
(b) The graves of Texas
heroes [Texans] described by Subsection (a) may be located and
marked.
(c) The Texas Historical
Commission [commission] shall maintain a monument or memorial
erected by this state to commemorate the centenary
of Texas' independence.
(d) Before the erection of a
new monument or memorial, the Texas Historical Commission [commission]
must approve [obtain the approval of the Texas Historical
Commission regarding] the form, dimensions, and substance of, and
inscriptions or illustrations on, the monument or memorial.
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SECTION 2. Section 2166.501,
Government Code, is amended to read as follows:
Sec. 2166.501. MONUMENTS AND
MEMORIALS. (a) A monument or memorial for [Texas] heroes of a war or military conflict of Texas or of the
United States, including [the
Confederate States of America or] the Texas War for Independence,
or to commemorate another event or person of historical significance to
Texans and this state, may be erected on land owned or acquired by
the state, including land owned or acquired
by an institution of higher education, as defined by Section 61.003,
Education Code, or,
if a suitable contract can be
made for permanent preservation of the monument or memorial, on private
property or land owned by the federal government, another state of the
United States, or a foreign country [or other states].
(b) The graves of Texas
heroes [Texans] described by Subsection (a) may be located and
marked.
(c) The Texas Historical
Commission [commission] shall maintain a monument or memorial erected
by this state to commemorate the Texas
War for Independence and shall maintain all other monuments described by
Subsection (a) that are erected on land described by that subsection [centenary of Texas' independence].
(d) Before the erection of a
new monument or memorial, the Texas Historical Commission [commission]
must approve [obtain the approval of the Texas Historical
Commission regarding] the form, dimensions, and substance of, and
inscriptions or illustrations on, the monument or memorial.
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SECTION 3. Sections
2166.5011(a) and (c), Government Code, are amended to read as follows:
(a) In this section,
"monument or memorial" means a permanent monument, memorial, or
other item officially designated as an item of historical significance
by a governmental entity [designation], including a statue,
portrait, plaque, seal, symbol, building name, or street name, that:
(1) is located on state
property or other property described by Section 2166.501(a); and
(2) honors a hero [citizen]
of this state described by Section 2166.501(a) for military,
[or] war-related, or other historical service.
(c) A monument or memorial
may be 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] property
on which the monument or memorial is located. Any monument or memorial
that is permanently removed under this subsection must be relocated to a prominent location that is approved
by the legislature, the Texas Historical Commission, or the State
Preservation Board or approved as otherwise provided by state or federal
law.
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SECTION 3. Sections
2166.5011(a) and (c), Government Code, are amended to read as follows:
(a) In this section,
"monument or memorial" means a permanent monument, memorial, or
other item officially designated as an item of historical significance
by a governmental entity [designation], including a statue,
portrait, plaque, seal, symbol, tablet,
building name, place name,
or street name, that:
(1) is located on state
property or other property described by Section 2166.501(a); and
(2) honors a hero or event [citizen] of this
state described by Section 2166.501(a) for military, [or]
war-related, or other historical service or significance.
(c) A monument or memorial
may be 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] property
on which the monument or memorial is located and as authorized by the Texas Historical Commission.
Any monument or memorial that is permanently removed under this subsection
must be relocated to an equally [a] prominent location that
is approved by the legislature, the Texas Historical Commission, or the
State Preservation Board or approved as otherwise provided by state or
federal law.
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SECTION 4. Subchapter K,
Chapter 2166, Government Code, is amended.
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SECTION 4. Substantially the
same as introduced version.
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SECTION 5. Article 42.01,
Code of Criminal Procedure, is amended by adding Section 12 to read as
follows:
Sec. 12. In addition to
the information described by Section 1, the judgment should reflect
affirmative findings entered pursuant to Article 42.01991.
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No
equivalent provision.
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SECTION 6. Chapter 42, Code
of Criminal Procedure, is amended by adding Article 42.01991 to read as
follows:
Art. 42.01991. FINDING
REGARDING OFFENSE RELATED TO MONUMENT OR MEMORIAL. (a) In the trial of an
offense described by Section 802.004, Government Code, the judge shall make
an affirmative finding of fact and enter the affirmative finding in the
judgment in the case if the judge determines that the offense was committed
by a defendant who is a member of a public retirement system.
(b) A judge that makes
the affirmative finding described by this article shall make the
determination and enter the order required by Section 802.004(i),
Government Code.
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No
equivalent provision.
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SECTION 7. Section 22.085,
Education Code, is amended by adding Subsection (a-1) and amending
Subsections (c) and (e) to read as follows:
(a-1) A school district,
open-enrollment charter school, or shared services arrangement shall
discharge or refuse to hire an employee or applicant for employment if the
district, school, or shared services arrangement obtains information
through a criminal history record information review that the employee or
applicant has been convicted of an offense under Section 2166.5012, Government
Code.
(c) A school district,
open-enrollment charter school, or shared services arrangement may not
allow a person who is an employee of or applicant for employment by an
entity that contracts with the district, school, or shared services arrangement
to serve at the district or school or for the shared services arrangement
if the district, school, or shared services arrangement obtains information
described by Subsection (a) or (a-1) through a criminal history
record information review concerning the employee or applicant. A school
district, open-enrollment charter school, or shared services arrangement
must ensure that an entity that the district, school, or shared services
arrangement contracts with for services has obtained all criminal history
record information as required by Section 22.0834.
(e) The State Board for
Educator Certification may impose a sanction on an educator who does not
discharge an employee or refuse to hire an applicant if the educator knows
or should have known, through a criminal history record information review,
that the employee or applicant has been convicted of an offense described
by Subsection (a) or (a-1).
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No
equivalent provision.
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SECTION 8. Subchapter Z,
Chapter 51, Education Code, is amended by adding Section 51.980 to read as
follows:
Sec. 51.980. EMPLOYEES
AND APPLICANTS CONVICTED OF CERTAIN OFFENSE. (a) In this section,
"employee" means any person employed by an institution of higher
education in an executive, administrative, or clerical capacity, as a professor
or instructor, or in any similar capacity.
(b) An institution of
higher education shall discharge or refuse to hire an employee or applicant
for employment if the institution of higher education obtains information
through a criminal history record information review that the employee or
applicant has been convicted of an offense under Section 2166.5012,
Government Code.
(c) An institution of
higher education may not allow a person who is an employee of or applicant
for employment by an entity that contracts with the institution to serve at
the institution if the institution obtains information described by
Subsection (b) through a criminal history record information review
concerning the employee or applicant.
(d) The Texas Higher
Education Coordinating Board may impose a sanction on an institution of
higher education that does not discharge an employee or refuse to hire an
applicant the institution knows or should have known, through a criminal
history record information review, has been convicted of an offense
described by Subsection (b).
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No
equivalent provision.
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SECTION 9. Section
141.001(a), Election Code, is amended to read as follows:
(a) To be eligible to be a
candidate for, or elected or appointed to, a public elective office in this
state, a person must:
(1) be a United States
citizen;
(2) be 18 years of age or
older on the first day of the term to be filled at the election or on the
date of appointment, as applicable;
(3) have not been determined
by a final judgment of a court exercising probate jurisdiction to be:
(A) totally mentally
incapacitated; or
(B) partially mentally
incapacitated without the right to vote;
(4) have not been finally
convicted of any [a] felony or of an offense under Section
2166.5012 from which the person has not been pardoned or otherwise
released from the resulting disabilities;
(5) have resided
continuously in the state for 12 months and in the territory from which the
office is elected for six months immediately preceding the following date:
(A) for a candidate whose
name is to appear on a general primary election ballot, the date of the
regular filing deadline for a candidate's application for a place on the
ballot;
(B) for an independent
candidate, the date of the regular filing deadline for a candidate's
application for a place on the ballot;
(C) for a write-in
candidate, the date of the election at which the candidate's name is
written in;
(D) for a party nominee who
is nominated by any method other than by primary election, the date the
nomination is made; and
(E) for an appointee to an
office, the date the appointment is made;
(6) on the date described by
Subdivision (5), be registered to vote in the territory from which the
office is elected; and
(7) satisfy any other eligibility
requirements prescribed by law for the office.
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No
equivalent provision.
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SECTION 10. Subtitle A,
Title 6, Government Code, is amended by adding Chapter 620 to read as
follows:
CHAPTER 620. INELIGIBILITY
FOR OFFICE OR EMPLOYMENT
Sec. 620.001. DEFINITIONS.
In this chapter:
(1) "Employee"
means an individual who is an officer or employee of a governmental entity.
(2) "Governmental
entity" means a state agency in the executive, judicial, or
legislative branch of state government or a political subdivision of this
state, including a special-purpose district or authority.
Sec. 620.002. PROHIBITED
EMPLOYMENT. (a) A governmental entity shall discharge or refuse to hire an
employee or applicant for employment if the governmental entity obtains information
through a criminal history record information review that the employee or
applicant has been convicted of an offense under Section 2166.5012,
Government Code.
(b) A governmental entity
may not allow a person who is an employee of or applicant for employment by
a person that contracts with the entity to serve at the entity if the
entity obtains information described by Subsection (a) through a criminal
history record information review concerning the employee or applicant.
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No
equivalent provision.
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SECTION 11. Subchapter A,
Chapter 802, Government Code, is amended by adding Section 802.004 to read
as follows:
Sec. 802.004. CERTAIN
EMPLOYEES AND ANNUITANTS INELIGIBLE FOR RETIREMENT ANNUITY; RESUMPTION OR
RESTORATION OF ELIGIBILITY. (a) This section applies only to a person
who:
(1) is a member or an
annuitant of a public retirement system; and
(2) either:
(A) holds or has held an
elective or appointed office included in the coverage of that public
retirement system; or
(B) is employed or has been
employed in a position included in the coverage of that public retirement
system.
(b) To the extent ordered
by a court under Subsection (i), a person is not eligible to receive a full
service retirement annuity from a public retirement system if the person is
finally convicted of an offense under Section 2166.5012.
(c) To the extent ordered
by a court under Subsection (i), the public retirement system shall suspend
making full annuity payments to a person who is not eligible to receive a
full service retirement annuity under Subsection (b) on receipt by the
retirement system of notice and terms of the person's conviction.
(d) The public retirement
system shall resume making full annuity payments if the person made
ineligible for a full annuity under Subsection (b):
(1) is subsequently found
to be not guilty of the offense; or
(2) meets the
requirements for innocence under Section 103.001(a)(2), Civil Practice and
Remedies Code.
(e) The public retirement
system as applicable shall:
(1) for a person whose
full annuity payments are resumed under Subsection (d), reimburse the
person for any portion of the annuity payments withheld during a period of
suspension; or
(2) restore the full
eligibility of a person convicted of an offense described by Subsection (b)
to receive a service retirement annuity, including the restoration of all
service credits accrued by the person before the conviction, if the person
satisfies the condition under Subsection (d)(1) or (2).
(f) Except as provided by
Subsection (g), a person who is not eligible to receive a full service
retirement annuity under Subsection (b) is entitled to request and receive
a refund of the person's retirement annuity contributions, not including
any interest earned on those contributions. A person who accepts a refund
under this subsection terminates the person's membership in the public
retirement system.
(g) Benefits payable to
an alternate payee under Chapter 804, including a spouse or dependent
child, are not affected by a person's ineligibility to receive a full
service retirement annuity under Subsection (b).
(h) The governing body of
a public retirement system shall adopt rules and procedures to implement
this section.
(i) A court shall:
(1) determine and order
as applicable for a person convicted of an offense described by Subsection
(b) the amount by which the person's:
(A) service retirement
annuity payments are to be reduced; or
(B) accrued service
credits are to be reduced; and
(2) notify the affected
public retirement system of the terms of a conviction ordered under
Subdivision (1).
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No
equivalent provision.
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No
equivalent provision.
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SECTION 5. Subtitle B, Title
10, Local Government Code, is amended by adding Chapter 328 to read as
follows:
CHAPTER 328. MONUMENTS AND
MEMORIALS
Sec. 328.001.
DEFINITION. In this chapter, "monument or memorial" means a
permanent monument, memorial, or other item officially designated as an
item of historical significance by a governmental entity, including a
statue, portrait, plaque, seal, symbol, tablet, building name, place name,
or street name, located on county property and that:
(1) honors a citizen of
this state for military or war-related service;
(2) honors heroes of a
war or conflict of Texas or of the United States, including the Texas War
for Independence; or
(3) commemorates another
event or person of historical significance to this state.
Sec. 328.002.
ESTABLISHMENT OF MONUMENT OR MEMORIAL. (a) A monument or memorial may be
erected on land owned or acquired by a county of this state.
(b) Before the production
of a new monument or memorial, the Texas Historical Commission must approve
the form, dimensions, and substance of, and inscriptions or illustrations
on, the monument or memorial.
Sec. 328.003. REMOVAL,
RELOCATION, OR ALTERATION OF MONUMENT OR MEMORIAL. (a) Notwithstanding
any other law, a monument or memorial may be removed, relocated, or altered
only by:
(1) the Texas Historical
Commission;
(2) the State
Preservation Board; or
(3) another person as
provided by Subsection (b).
(b) A monument or
memorial may be removed, relocated, or altered in a manner otherwise
provided by law as necessary to accommodate construction, repair, or
improvements to the monument or memorial or to the surrounding county
property on which the monument or memorial is located. Any monument or
memorial that is permanently removed under this subsection must be
relocated to a prominent location that is approved by the Texas Historical
Commission or the State Preservation Board or as otherwise provided by law.
Sec. 328.004. CRIMINAL
OFFENSE. (a) A person commits an offense if the person intentionally
removes, relocates, or alters a monument or memorial in a manner that
violates Section 328.003.
(b) An offense under
Subsection (a) is punishable by:
(1) a fine in an amount
not less than $50 and not more than $1,000; and
(2) confinement in jail
for a term of not less than three days and not more than one year.
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SECTION 12. Section
2166.502, Government Code, is repealed.
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No
equivalent provision.
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SECTION 13. On the effective
date of this Act, the duties imposed on the Texas Facilities Commission
under Section 2166.501, Government Code, immediately before the effective
date of this Act are transferred to the Texas Historical Commission.
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SECTION 6. On the effective
date of this Act, the duties imposed on the Texas Facilities Commission
under Section 2166.501, Government Code, as
it existed immediately before the effective date of this Act, are
transferred to the Texas Historical Commission.
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SECTION 14. This Act takes
effect September 1, 2017.
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SECTION 7. Same as introduced
version.
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