BILL ANALYSIS

H.B. 5010

By: Spiller

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that there is no legal framework in place for naming or marking parts of the state-constructed border wall, which creates ambiguity and the potential for inconsistent or politically driven naming practices. The bill author has also informed the committee that some private individuals and organizations are interested in funding memorial efforts to honor those who have lost their lives in crimes involving noncitizens, particularly those that occurred along the Texas-Mexico border. H.B. 5010 seeks to create a structured and respectful process for commemorating these victims without burdening the state budget by providing for private and grant funding to be used for border wall memorial markers in honor of a person who is deceased and was a victim of a crime, including a border-related crime, committed by a person who is not a U.S. citizen or national.   

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5010 amends the Government Code to prohibit a part of a border wall constructed by the state on state-owned land on Texas' international border with the United Mexican States from being designated by a name, except as otherwise provided by statute, but to authorize such a designation only if the person is deceased and was a victim of a crime, including a border-related crime, committed by a person who is an alien. The bill defines "alien" by reference to federal law as any person not a citizen or national of the United States.

H.B. 5010 sets out the following provisions regarding the responsibilities of the Texas Facilities Commission (TFC) for memorial markers for named parts of a border wall:

· a requirement to erect each memorial marker required under the bill's provisions;

· a prohibition against designing, constructing, or erecting a memorial marker unless a gift, grant, or donation of funds is made to TFC to cover the cost of its design, construction, and erection;

· a requirement to repair and replace each memorial marker required under the bill's provisions and maintain the grounds for the marker; and

· an authorization to accept a gift, grant, or donation from any public or private source made to assist in financing the construction and maintenance of a memorial marker.

The bill authorizes the governor to allocate available federal and state grants and other funding related to homeland security to TFC for expenses incurred by TFC in designing, constructing, and maintaining memorial markers under the bill's provisions.

EFFECTIVE DATE

September 1, 2025.