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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal, relocation, alteration, or construction of |
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certain 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 442.015(b), Government Code, is amended |
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to read as follows: |
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(b) The commission may use distributions from the Texas |
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preservation trust fund account to provide financial assistance to |
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public or private entities for the acquisition, survey, |
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restoration, or preservation, or for planning and educational |
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activities leading to the preservation, of historic property in the |
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state that is listed in the National Register of Historic Places or |
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designated as a State Archeological Landmark or Recorded Texas |
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Historic Landmark, or that the commission determines is eligible |
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for such listing or designation or for the construction of a |
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monument or memorial described by Section 2166.5011(c) or by |
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Section 338.003, Local Government Code. The financial assistance |
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may be in the amount and form and according to the terms that the |
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commission by rule determines. The commission shall give priority |
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to property the commission determines to be endangered by |
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demolition, neglect, underuse, looting, vandalism, or other threat |
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to the property. Gifts and grants deposited to the credit of the |
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account specifically for any eligible projects may be used only for |
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the type of projects specified. If such a specification is not |
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made, the gift or grant shall be unencumbered and accrue to the |
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benefit of the Texas preservation trust fund account. If such a |
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specification is made, the entire amount of the gift or grant may be |
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used during any period for the project or type of project specified. |
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SECTION 2. Section 2166.5011, Government Code, is amended |
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to read as follows: |
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Sec. 2166.5011. REMOVAL, RELOCATION, [OR] ALTERATION, OR |
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CONSTRUCTION OF A MONUMENT OR MEMORIAL. (a) In this section, |
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"monument or memorial" means a permanent monument, memorial, or |
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other designation, including a statue, portrait, plaque, seal, |
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symbol, cenotaph, building name, bridge name, park name, area name, |
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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, a |
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monument or memorial that is 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, |
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including alteration to maintain historical accuracy, 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, including alteration to maintain historical accuracy, |
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only[:
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[(1)] by the legislature[;
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[(2) by the Texas Historical Commission;
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[(3) by the State Preservation Board; or
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[(4) as provided by Subsection (c)]. |
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(c) An additional [A] monument or memorial may be added |
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[removed, relocated, or altered in a manner otherwise provided by
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this code as necessary to accommodate construction, repair, or
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improvements] to the [monument or memorial or to the] surrounding |
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state property on which a [the] monument or memorial is located to |
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complement or contrast with the monument or memorial. [Any monument
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or memorial that is permanently removed under this subsection must
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be relocated to a prominent location.] |
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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 3. 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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cenotaph, building name, bridge name, park name, area name, or |
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street name, that honors an event or person of historic |
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significance. |
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Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. 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; |
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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, including alteration to maintain |
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historical accuracy, only by approval of a majority of the voters of |
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the municipality or county, as applicable, voting at an election |
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held for that purpose; or |
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(3) for less than 20 years may be removed, relocated, |
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or altered, including alteration to maintain historical accuracy, |
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only by the governing body of the municipality or the commissioners |
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court of the county, as applicable. |
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Sec. 338.003. ADDITIONAL MONUMENT OR MEMORIAL. An |
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additional monument or memorial may be added to the surrounding |
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municipal or county property on which a monument or memorial is |
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located to complement or contrast with the monument or memorial. |
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SECTION 4. 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, 2019. |