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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 municipal or county |
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property; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 442.015(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 338.003, Local Government |
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Code. The financial assistance may be in the amount and form and |
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according to the terms that the commission by rule determines. The |
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commission shall give priority to property the commission |
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determines to be endangered by demolition, neglect, underuse, |
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looting, vandalism, or other threat to the property. Gifts and |
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grants deposited to the credit of the account specifically for any |
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eligible projects may be used only for the type of projects |
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specified. If such a specification is not made, the gift or grant |
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shall be unencumbered and accrue to the benefit of the Texas |
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preservation trust fund account. If such a specification is made, |
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the entire amount of the gift or grant may be used during any period |
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for the project or type of project specified. |
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SECTION 2. 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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building name, bridge name, park name, area name, or street name, |
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that honors an event or person of historical 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 be removed, relocated, or |
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altered, including alteration to maintain historical accuracy, |
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only by approval of a majority of the voters of the municipality or |
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county, as applicable, voting at an election held for that purpose; |
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or |
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(2) for less than 40 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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Sec. 338.004. COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY. |
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(a) A resident of a municipality or county, as applicable, may file |
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a complaint with the attorney general if the resident asserts facts |
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supporting an allegation that the municipality or county has |
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violated Section 338.002. The resident must include a sworn |
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statement with the complaint stating that to the best of the |
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resident's knowledge all of the facts asserted in the complaint are |
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true and correct. |
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(b) If the attorney general determines that a complaint |
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filed under Subsection (a) against a municipality or county is |
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valid, the attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court in Travis County or in the county in which the |
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suspected violation of Section 338.002 is alleged to have occurred |
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to compel the municipality or county to comply with that section. |
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(c) A municipality or county that is found by a court as |
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having intentionally violated Section 338.002 is subject to a civil |
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penalty in an amount of: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) not less than $25,000 and not more than $25,500 for |
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each subsequent violation. |
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(d) Each day of a continuing violation of Section 338.002 |
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constitutes a separate violation for purposes of a civil penalty |
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under this section. |
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(e) The court that hears an action brought under this |
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section against a municipality or county shall determine the |
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amount of the civil penalty. |
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(f) A civil penalty collected under this section shall be |
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deposited to the credit of the general revenue fund. |
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(g) Sovereign immunity of this state and governmental |
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immunity of a county or municipality to suit is waived and abolished |
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to the extent of liability created by this section. |
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SECTION 3. 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, 2021. |