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A BILL TO BE ENTITLED
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AN ACT
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relating to monuments, markers, medallions, and antiquities |
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controlled by or in the custody of the Texas Historical Commission; |
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authorizing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 442.006, Government Code, is amended by |
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adding Subsections (i) and (j) to read as follows: |
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(i) Notwithstanding any other law, a monument, marker, or |
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medallion installed by the commission is state property solely |
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under the commission's custody and control and may not be altered, |
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removed, relocated, covered, obscured, or concealed without the |
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express written permission of the commission. |
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(j) The attorney general may file suit in district court to |
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seek civil penalties in accordance with Section 442.011 and |
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equitable relief in accordance with Section 442.012 against a |
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person who violates this section. Governmental immunity to suit of |
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any county, municipality, or other political subdivision is waived |
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and abolished to the extent liability is created by this section. |
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SECTION 2. Section 442.011, Government Code, is amended to |
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read as follows: |
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Sec. 442.011. PENALTY. A person who violates this chapter |
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or Chapter 191, Natural Resources Code, is subject to a civil |
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penalty of not less than $50 nor more than $1,000 for each day of |
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violation. Each day a violation continues may be considered a |
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separate violation. If the party seeking a civil penalty |
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demonstrates the same violation occurred on more than one day, it is |
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presumed that the person committed a violation on each intervening |
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day between the days of violation, including the days on which a |
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violation was demonstrated. |
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SECTION 3. This Act takes effect September 1, 2021. |