Bill Text: TX HB110 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-07-08 - Filed [HB110 Detail]
Download: Texas-2021-HB110-Introduced.html
| By: Slaton | H.B. No. 110 | |
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| relating to the removal, relocation, alteration, or construction of | ||
| certain monuments or memorials located on public property. | ||
| 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, [ |
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| 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 property; and | ||
| (2) honors an event or person of historic significance | ||
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| (b) Notwithstanding any other provision of this code, a | ||
| monument or memorial that is located on state property: | ||
| (1) for at least 40 years may not be removed, | ||
| relocated, or altered; | ||
| (2) for at least 20 years but less than 40 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 | ||
| (3) for less than 20 years may be removed, relocated, | ||
| or altered, including alteration to maintain historical accuracy, | ||
| only[ |
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| (c) An additional [ |
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| state property on which a [ |
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| complement or contrast with the monument or memorial. [ |
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| (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. | ||
| SECTION 3. 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 historic | ||
| significance. | ||
| Sec. 338.002. REMOVAL, RELOCATION, OR ALTERATION. A | ||
| monument or memorial that is located on municipal or county | ||
| property: | ||
| (1) for at least 40 years may not be removed, | ||
| relocated, or altered; | ||
| (2) for at least 20 years but less than 40 years may be | ||
| removed, relocated, or altered, including alteration to maintain | ||
| historical accuracy, only by approval of a majority of the voters of | ||
| the municipality or county, as applicable, voting at an election | ||
| held for that purpose; or | ||
| (3) for less than 20 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. | ||
| SECTION 4. 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, 2021. | ||
