Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.

89(R) HB 3227 - House Committee Report version - Bill Text

89R29217 SCF-D

By: Gerdes, Bumgarner, et al.

H.B. No. 3227

Substitute the following for H.B. No. 3227:

By: Metcalf

C.S.H.B. No. 3227

A BILL TO BE ENTITLED

AN ACT

relating to the removal, relocation, alteration, or construction of

certain monuments or memorials located on public property;

authorizing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 442.015(b), Government Code, is amended

to read as follows:

(b) The commission may use distributions from the Texas

preservation trust fund account to provide financial assistance to

public or private entities for the acquisition, survey,

restoration, or preservation, or for planning and educational

activities leading to the preservation, of historic property in the

state that is listed in the National Register of Historic Places or

designated as a State Archeological Landmark or Recorded Texas

Historic Landmark, or that the commission determines is eligible

for such listing or designation
or for the construction of a

monument or memorial described by Section 2166.5011(c) or by

Section 338.003, Local Government Code
. The financial assistance

may be in the amount and form and according to the terms that the

commission by rule determines. The commission shall give priority

to property the commission determines to be endangered by

demolition, neglect, underuse, looting, vandalism, or other threat

to the property. Gifts and grants deposited to the credit of the

account specifically for any eligible projects may be used only for

the type of projects specified. If such a specification is not

made, the gift or grant shall be unencumbered and accrue to the

benefit of the Texas preservation trust fund account. If such a

specification is made, the entire amount of the gift or grant may be

used during any period for the project or type of project specified.

SECTION 2. Section 2166.5011, Government Code, is amended

to read as follows:

Sec. 2166.5011. REMOVAL, RELOCATION, [
OR
] ALTERATION
, OR

CONSTRUCTION
OF A MONUMENT OR MEMORIAL. (a) In this section,

"monument or memorial" means a permanent monument, memorial, or

other designation, including a statue, portrait, plaque, seal,

symbol,
cenotaph,
building name,
bridge name, park name, area name,

or street name, that:

(1) is located on state
owned or leased
property; and

(2) honors
an event or person of historical

significance
[
a citizen of this state for military or war-related

service
].

(b) Notwithstanding any other provision of this code, a

monument or memorial
located on state owned or leased property:

(1)

for at least 25 years may be removed, relocated, or

altered only by approval of a concurrent resolution authorizing the

removal, relocation, or alteration, including alteration to

maintain historical accuracy, by a two-thirds vote of the members

of each house of the legislature; or

(2) for less than 25 years
may be removed, relocated,

or altered
, including alteration to maintain historical accuracy,

only
by formal action of the governing body of or the single state

officer who governs the state agency that erected the monument or

memorial
[
:

[
(1) by the legislature;

[
(2) by the Texas Historical Commission;

[
(3) by the State Preservation Board; or

[
(4) as provided by Subsection (c)
].

(c)
An additional
[
A
] monument or memorial may be
added

[
removed, relocated, or altered in a manner otherwise provided by

this code as necessary to accommodate construction, repair, or

improvements
] to the [
monument or memorial or to the
] surrounding

state
owned or leased
property on which
a
[
the
] monument or memorial

is located
to complement or contrast with the monument or memorial
.

[
Any monument or memorial that is permanently removed under this

subsection must be relocated to a prominent location.
]

(d)

Notwithstanding Section 2166.003, this section applies

to a monument or memorial on property of an institution of higher

education, as defined by Section 61.003, Education Code.

(e)

This section does not apply to the Alamo complex. This

subsection expires January 2, 2028.

(f)

Subsection (b)(1) does not apply to real property the

Texas Facilities Commission is authorized to convey on behalf of

the state under Chapter 113 (S.B. 1349), Acts of the 86th

Legislature, Regular Session, 2019, as described by Section 2 of

that chapter.

SECTION 3. Subchapter K, Chapter 2166, Government Code, is

amended by adding Section 2166.5012 to read as follows:

Sec.

2166.5012.

ALAMO CENOTAPH. (a) In this section,

"Alamo Cenotaph" means the memorial to the Alamo defenders located

in the Alamo complex.

(b)

Notwithstanding any other law, no entity may alter,

remove, or relocate the Alamo Cenotaph from the location where the

cenotaph was first placed following its completion.

SECTION 4. Subtitle C, Title 10, Local Government Code, is

amended by adding Chapter 338 to read as follows:

CHAPTER 338. MONUMENTS AND MEMORIALS

Sec.

338.001.

DEFINITION. In this chapter, "monument or

memorial" means a permanent monument, memorial, or other

designation, including a statue, portrait, plaque, seal, symbol,

cenotaph, building name, bridge name, park name, area name, or

street name, that honors an event or person of historical

significance.

Sec.

338.002.

REMOVAL, RELOCATION, OR ALTERATION. A

monument or memorial located on municipal or county property:

(1)

for at least 25 years may be removed, relocated, or

altered, including alteration to maintain historical accuracy,

only by approval of a majority of the municipality or county voters,

as applicable, voting at an election held for that purpose; or

(2)

for less than 25 years may be removed, relocated,

or altered, including alteration to maintain historical accuracy,

only by the governing body of the municipality or the commissioners

court of the county, as applicable.

Sec.

338.003.

ADDITIONAL MONUMENT OR MEMORIAL. An

additional monument or memorial may be added to the surrounding

municipal or county property on which a monument or memorial is

located to complement or contrast with the monument or memorial.

Sec.

338.004.

COMPLAINT; EQUITABLE RELIEF; CIVIL PENALTY.

(a) A municipality or county resident, as applicable, may file with

the attorney general a complaint asserting facts supporting an

allegation that the municipality or county has violated Section

338.002.

The resident must include with the complaint a sworn

statement stating to the best of the resident's knowledge all of the

facts asserted in the complaint are true and correct.

(b)

If the attorney general determines a complaint filed

under Subsection (a) against a municipality or county is valid, the

attorney general may file a petition for a writ of mandamus or apply

for other appropriate equitable relief in a district court in

Travis County or in the county in which the suspected violation of

Section 338.002 is alleged to have occurred to compel the

municipality or county to comply with that section.

(c)

A municipality or county found by a court to have

intentionally violated Section 338.002 is subject to a civil

penalty in an amount of:

(1)

not less than $1,000 and not more than $1,500 for

the first violation; and

(2)

not less than $25,000 and not more than $25,500 for

each subsequent violation.

(d)

Each day of a continuing violation of Section 338.002

constitutes a separate violation for purposes of a civil penalty

under this section.

(e)

The court hearing an action brought under this section

against a municipality or county shall determine the amount of the

civil penalty.

(f)

A civil penalty collected under this section shall be

deposited to the credit of the general revenue fund.

(g)

Sovereign immunity of this state and governmental

immunity of a county or municipality to suit is waived and abolished

to the extent of liability created by this section.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.