87R14614 MTB-F
 
  By: Murr H.B. No. 3584
 
  Substitute the following for H.B. No. 3584:
 
  By:  Clardy C.S.H.B. No. 3584
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to monuments, markers, medallions, and antiquities
  controlled by or in the custody of the Texas Historical Commission;
  authorizing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 442.006, Government Code, is amended by
  adding Subsections (i) and (j) to read as follows:
         (i)  Notwithstanding any other law, a monument, marker, or
  medallion installed by the commission is state property solely
  under the commission's custody and control and may not be altered,
  removed, relocated, covered, obscured, or concealed without the
  express written permission of the commission.
         (j)  The attorney general may file suit in district court to
  seek civil penalties in accordance with Section 442.011 and
  equitable relief in accordance with Section 442.012 against a
  person who violates this section. Governmental immunity to suit of
  any county, municipality, or other political subdivision is waived
  and abolished to the extent liability is created by this section.
         SECTION 2.  Section 442.011, Government Code, is amended to
  read as follows:
         Sec. 442.011.  PENALTY. A person who violates this chapter
  or Chapter 191, Natural Resources Code, is subject to a civil
  penalty of not less than $50 nor more than $1,000 for each day of
  violation.  Each day a violation continues may be considered a
  separate violation. If the party seeking a civil penalty
  demonstrates the same violation occurred on more than one day, it is
  presumed that the person committed a violation on each intervening
  day between the days of violation, including the days on which a
  violation was demonstrated.
         SECTION 3.  This Act takes effect September 1, 2021.