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A BILL TO BE ENTITLED
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AN ACT
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relating to monuments and memorials for Texas heroes and other |
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persons and events of historical significance; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Hero |
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Protection Act. |
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SECTION 2. Section 2166.501, Government Code, is amended to |
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read as follows: |
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Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or |
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memorial for [Texas] heroes of a war or military conflict of Texas |
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or of the United States, including [the Confederate States of
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America or] the Texas War for Independence, or to commemorate |
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another event or person of historical significance to Texans and |
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this state, may be erected on land owned or acquired by the state, |
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including land owned or acquired by an institution of higher |
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education, as defined by Section 61.003, Education Code, or, if a |
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suitable contract can be made for permanent preservation of the |
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monument or memorial, on private property or land owned by the |
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federal government, another state of the United States, or a |
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foreign country [or other states]. |
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(b) The graves of heroes [Texans] described by Subsection |
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(a) may be located and marked. |
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(c) The Texas Historical Commission [commission] shall |
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maintain a monument or memorial erected by this state to |
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commemorate the Texas War for Independence and all other monuments |
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described by Subsection (a) that are erected on land described by |
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that subsection [centenary of Texas' independence]. |
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(d) Before the erection of a new monument or memorial, the |
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Texas Historical Commission [commission] must approve [obtain the
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approval of the Texas Historical Commission regarding] the form, |
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dimensions, and substance of, and inscriptions or illustrations on, |
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the monument or memorial. |
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SECTION 3. Sections 2166.5011(a) and (c), Government Code, |
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are amended to 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 item officially designated |
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by a governmental entity as an item of historical significance |
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[designation], including a statue, portrait, plaque, seal, symbol, |
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tablet, building name, place name, or street name, that: |
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(1) is located on state property or other property |
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described by Section 2166.501(a); and |
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(2) commemorates an event or person described by |
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Section 2166.501(a) [honors a citizen of this state] for military, |
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[or] war-related, or other historical service or significance. |
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(c) A monument or memorial may be removed, relocated, or |
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altered in a manner otherwise provided by this code 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 [state] property on which the |
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monument or memorial is located and as authorized by the Texas |
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Historical Commission. Any monument or memorial that is |
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permanently removed under this subsection must be relocated to an |
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equally [a] prominent location that is approved by the legislature, |
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the Texas Historical Commission, or the State Preservation Board or |
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approved as otherwise provided by law. |
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SECTION 4. Subchapter K, Chapter 2166, Government Code, is |
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amended by adding Section 2166.5012 to read as follows: |
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Sec. 2166.5012. CRIMINAL OFFENSE. (a) A person commits an |
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offense if the person intentionally removes, relocates, or alters a |
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monument or memorial in a manner that violates Section 2166.5011(b) |
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or (c). |
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(b) An offense under Subsection (a) is punishable by: |
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(1) a fine in an amount not less than $50 and not more |
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than $1,000; and |
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(2) confinement in jail for a term of not less than |
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three days and not more than one year. |
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SECTION 5. Subtitle B, Title 10, Local Government Code, is |
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amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. MONUMENTS AND MEMORIALS |
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Sec. 328.001. DEFINITION. In this chapter, "monument or |
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memorial" means a permanent monument, memorial, or other item |
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officially designated by a governmental entity as an item of |
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historical significance, including a statue, portrait, plaque, |
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seal, symbol, tablet, building name, place name, or street name, |
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located on county property and that: |
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(1) honors a citizen of this state for military or |
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war-related service; |
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(2) honors heroes of a war or military conflict of |
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Texas or of the United States, including the Texas War for |
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Independence; or |
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(3) commemorates another event or person of historical |
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significance to this state. |
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Sec. 328.002. ESTABLISHMENT OF MONUMENT OR MEMORIAL. (a) A |
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monument or memorial may be erected on land owned or acquired by a |
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county of this state. |
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(b) Before the production of a new monument or memorial, the |
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Texas Historical Commission must approve the form, dimensions, and |
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substance of, and inscriptions or illustrations on, the monument or |
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memorial. |
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Sec. 328.003. REMOVAL, RELOCATION, OR ALTERATION OF |
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MONUMENT OR MEMORIAL. (a) Notwithstanding any other law, a |
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monument or memorial may be removed, relocated, or altered only by: |
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(1) the Texas Historical Commission; |
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(2) the State Preservation Board; or |
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(3) another person as provided by Subsection (b). |
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(b) A monument or memorial may be removed, relocated, or |
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altered in a manner otherwise provided by law 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 county property on which the |
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monument or memorial is located and as authorized by the Texas |
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Historical Commission. Any monument or memorial that is |
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permanently removed under this subsection must be relocated to an |
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equally prominent location that is approved by the Texas Historical |
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Commission or the State Preservation Board or as otherwise provided |
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by law. |
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Sec. 328.004. CRIMINAL OFFENSE. (a) A person commits an |
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offense if the person intentionally removes, relocates, or alters a |
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monument or memorial in a manner that violates Section 328.003. |
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(b) An offense under Subsection (a) is punishable by: |
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(1) a fine in an amount not less than $50 and not more |
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than $1,000; and |
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(2) confinement in jail for a term of not less than |
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three days and not more than one year. |
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SECTION 6. Section 2166.502, Government Code, is repealed. |
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SECTION 7. On the effective date of this Act, the duties |
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imposed on the Texas Facilities Commission under Section 2166.501, |
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Government Code, as that section existed immediately before the |
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effective date of this Act, are transferred to the Texas Historical |
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Commission. |
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SECTION 8. This Act takes effect September 1, 2019. |