Bill Text: TX HB1359 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to monuments and memorials for Texas heroes and other persons and events of historical significance; creating criminal offenses.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB1359 Detail]
Download: Texas-2017-HB1359-Introduced.html
Bill Title: Relating to monuments and memorials for Texas heroes and other persons and events of historical significance; creating criminal offenses.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB1359 Detail]
Download: Texas-2017-HB1359-Introduced.html
85R5753 YDB-F | ||
By: White | H.B. No. 1359 |
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relating to monuments and memorials for Texas heroes and penalties | ||
for unauthorized removal, relocation, or alteration of a monument | ||
or memorial; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Hero | ||
Protection Act. | ||
SECTION 2. Section 2166.501, Government Code, is amended to | ||
read as follows: | ||
Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or | ||
memorial for [ |
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the Texas War for Independence or to commemorate another event or | ||
person of historical significance to Texans and this state may be | ||
erected on land owned or acquired by the state or, if a suitable | ||
contract can be made for permanent preservation of the monument or | ||
memorial, on private property or land owned by the federal | ||
government, another state of the United States, or a foreign | ||
country [ |
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(b) The graves of Texas heroes [ |
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Subsection (a) may be located and marked. | ||
(c) The Texas Historical Commission [ |
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maintain a monument or memorial erected by this state to | ||
commemorate the centenary of Texas' independence. | ||
(d) Before the erection of a new monument or memorial, the | ||
Texas Historical Commission [ |
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dimensions, and substance of, and inscriptions or illustrations on, | ||
the monument or memorial. | ||
SECTION 3. Sections 2166.5011(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) In this section, "monument or memorial" means a | ||
permanent monument, memorial, or other item officially designated | ||
as an item of historical significance by a governmental entity | ||
[ |
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building name, or street name, that: | ||
(1) is located on state property or other property | ||
described by Section 2166.501(a); and | ||
(2) honors a hero [ |
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Section 2166.501(a) for military, [ |
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historical service. | ||
(c) A monument or memorial may be 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 [ |
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monument or memorial is located. Any monument or memorial that is | ||
permanently removed under this subsection must be relocated to a | ||
prominent location that is approved by the legislature, the Texas | ||
Historical Commission, or the State Preservation Board or approved | ||
as |
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SECTION 4. Subchapter K, Chapter 2166, Government Code, is | ||
amended by adding Section 2166.5012 to read as follows: | ||
Sec. 2166.5012. CRIMINAL OFFENSE. (a) A person commits an | ||
offense if the person intentionally removes, relocates, or alters a | ||
monument or memorial in a manner that violates Section 2166.5011(b) | ||
or (c). | ||
(b) An offense under Subsection (a) is punishable by: | ||
(1) a fine in an amount not less than $50 and not to | ||
exceed $1,000; and | ||
(2) confinement in jail for a term of not less than | ||
three days and not to exceed one year. | ||
SECTION 5. Article 42.01, Code of Criminal Procedure, is | ||
amended by adding Section 12 to read as follows: | ||
Sec. 12. In addition to the information described by | ||
Section 1, the judgment should reflect affirmative findings entered | ||
pursuant to Article 42.01991. | ||
SECTION 6. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.01991 to read as follows: | ||
Art. 42.01991. FINDING REGARDING OFFENSE RELATED TO | ||
MONUMENT OR MEMORIAL. (a) In the trial of an offense described by | ||
Section 802.004, Government Code, the judge shall make an | ||
affirmative finding of fact and enter the affirmative finding in | ||
the judgment in the case if the judge determines that the offense | ||
was committed by a defendant who is a member of a public retirement | ||
system. | ||
(b) A judge that makes the affirmative finding described by | ||
this article shall make the determination and enter the order | ||
required by Section 802.004(i), Government Code. | ||
SECTION 7. Section 22.085, Education Code, is amended by | ||
adding Subsection (a-1) and amending Subsections (c) and (e) to | ||
read as follows: | ||
(a-1) A school district, open-enrollment charter school, or | ||
shared services arrangement shall discharge or refuse to hire an | ||
employee or applicant for employment if the district, school, or | ||
shared services arrangement obtains information through a criminal | ||
history record information review that the employee or applicant | ||
has been convicted of an offense under Section 2166.5012, | ||
Government Code. | ||
(c) A school district, open-enrollment charter school, or | ||
shared services arrangement may not allow a person who is an | ||
employee of or applicant for employment by an entity that contracts | ||
with the district, school, or shared services arrangement to serve | ||
at the district or school or for the shared services arrangement if | ||
the district, school, or shared services arrangement obtains | ||
information described by Subsection (a) or (a-1) through a criminal | ||
history record information review concerning the employee or | ||
applicant. A school district, open-enrollment charter school, or | ||
shared services arrangement must ensure that an entity that the | ||
district, school, or shared services arrangement contracts with for | ||
services has obtained all criminal history record information as | ||
required by Section 22.0834. | ||
(e) The State Board for Educator Certification may impose a | ||
sanction on an educator who does not discharge an employee or refuse | ||
to hire an applicant if the educator knows or should have known, | ||
through a criminal history record information review, that the | ||
employee or applicant has been convicted of an offense described by | ||
Subsection (a) or (a-1). | ||
SECTION 8. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.980 to read as follows: | ||
Sec. 51.980. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN | ||
OFFENSE. (a) In this section, "employee" means any person employed | ||
by an institution of higher education in an executive, | ||
administrative, or clerical capacity, as a professor or instructor, | ||
or in any similar capacity. | ||
(b) An institution of higher education shall discharge or | ||
refuse to hire an employee or applicant for employment if the | ||
institution of higher education obtains information through a | ||
criminal history record information review that the employee or | ||
applicant has been convicted of an offense under Section 2166.5012, | ||
Government Code. | ||
(c) An institution of higher education may not allow a | ||
person who is an employee of or applicant for employment by an | ||
entity that contracts with the institution to serve at the | ||
institution if the institution obtains information described by | ||
Subsection (b) through a criminal history record information review | ||
concerning the employee or applicant. | ||
(d) The Texas Higher Education Coordinating Board may | ||
impose a sanction on an institution of higher education that does | ||
not discharge an employee or refuse to hire an applicant the | ||
institution knows or should have known, through a criminal history | ||
record information review, has been convicted of an offense | ||
described by Subsection (b). | ||
SECTION 9. Section 141.001(a), Election Code, is amended to | ||
read as follows: | ||
(a) To be eligible to be a candidate for, or elected or | ||
appointed to, a public elective office in this state, a person must: | ||
(1) be a United States citizen; | ||
(2) be 18 years of age or older on the first day of the | ||
term to be filled at the election or on the date of appointment, as | ||
applicable; | ||
(3) have not been determined by a final judgment of a | ||
court exercising probate jurisdiction to be: | ||
(A) totally mentally incapacitated; or | ||
(B) partially mentally incapacitated without the | ||
right to vote; | ||
(4) have not been finally convicted of any [ |
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or of an offense under Section 2166.5012 from which the person has | ||
not been pardoned or otherwise released from the resulting | ||
disabilities; | ||
(5) have resided continuously in the state for 12 | ||
months and in the territory from which the office is elected for six | ||
months immediately preceding the following date: | ||
(A) for a candidate whose name is to appear on a | ||
general primary election ballot, the date of the regular filing | ||
deadline for a candidate's application for a place on the ballot; | ||
(B) for an independent candidate, the date of the | ||
regular filing deadline for a candidate's application for a place | ||
on the ballot; | ||
(C) for a write-in candidate, the date of the | ||
election at which the candidate's name is written in; | ||
(D) for a party nominee who is nominated by any | ||
method other than by primary election, the date the nomination is | ||
made; and | ||
(E) for an appointee to an office, the date the | ||
appointment is made; | ||
(6) on the date described by Subdivision (5), be | ||
registered to vote in the territory from which the office is | ||
elected; and | ||
(7) satisfy any other eligibility requirements | ||
prescribed by law for the office. | ||
SECTION 10. Subtitle A, Title 6, Government Code, is | ||
amended by adding Chapter 620 to read as follows: | ||
CHAPTER 620. INELIGIBILITY FOR OFFICE OR EMPLOYMENT | ||
Sec. 620.001. DEFINITIONS. In this chapter: | ||
(1) "Employee" means an individual who is an officer | ||
or employee of a governmental entity. | ||
(2) "Governmental entity" means a state agency in the | ||
executive, judicial, or legislative branch of state government or a | ||
political subdivision of this state, including a special-purpose | ||
district or authority. | ||
Sec. 620.002. PROHIBITED EMPLOYMENT. (a) A governmental | ||
entity shall discharge or refuse to hire an employee or applicant | ||
for employment if the governmental entity obtains information | ||
through a criminal history record information review that the | ||
employee or applicant has been convicted of an offense under | ||
Section 2166.5012, Government Code. | ||
(b) A governmental entity may not allow a person who is an | ||
employee of or applicant for employment by a person that contracts | ||
with the entity to serve at the entity if the entity obtains | ||
information described by Subsection (a) through a criminal history | ||
record information review concerning the employee or applicant. | ||
SECTION 11. Subchapter A, Chapter 802, Government Code, is | ||
amended by adding Section 802.004 to read as follows: | ||
Sec. 802.004. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE | ||
FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. | ||
(a) This section applies only to a person who: | ||
(1) is a member or an annuitant of a public retirement | ||
system; and | ||
(2) either: | ||
(A) holds or has held an elective or appointed | ||
office included in the coverage of that public retirement system; | ||
or | ||
(B) is employed or has been employed in a | ||
position included in the coverage of that public retirement system. | ||
(b) To the extent ordered by a court under Subsection (i), a | ||
person is not eligible to receive a full service retirement annuity | ||
from a public retirement system if the person is finally convicted | ||
of an offense under Section 2166.5012. | ||
(c) To the extent ordered by a court under Subsection (i), | ||
the public retirement system shall suspend making full annuity | ||
payments to a person who is not eligible to receive a full service | ||
retirement annuity under Subsection (b) on receipt by the | ||
retirement system of notice and terms of the person's conviction. | ||
(d) The public retirement system shall resume making full | ||
annuity payments if the person made ineligible for a full annuity | ||
under Subsection (b): | ||
(1) is subsequently found to be not guilty of the | ||
offense; or | ||
(2) meets the requirements for innocence under Section | ||
103.001(a)(2), Civil Practice and Remedies Code. | ||
(e) The public retirement system as applicable shall: | ||
(1) for a person whose full annuity payments are | ||
resumed under Subsection (d), reimburse the person for any portion | ||
of the annuity payments withheld during a period of suspension; or | ||
(2) restore the full eligibility of a person convicted | ||
of an offense described by Subsection (b) to receive a service | ||
retirement annuity, including the restoration of all service | ||
credits accrued by the person before the conviction, if the person | ||
satisfies the condition under Subsection (d)(1) or (2). | ||
(f) Except as provided by Subsection (g), a person who is | ||
not eligible to receive a full service retirement annuity under | ||
Subsection (b) is entitled to request and receive a refund of the | ||
person's retirement annuity contributions, not including any | ||
interest earned on those contributions. A person who accepts a | ||
refund under this subsection terminates the person's membership in | ||
the public retirement system. | ||
(g) Benefits payable to an alternate payee under Chapter | ||
804, including a spouse or dependent child, are not affected by a | ||
person's ineligibility to receive a full service retirement annuity | ||
under Subsection (b). | ||
(h) The governing body of a public retirement system shall | ||
adopt rules and procedures to implement this section. | ||
(i) A court shall: | ||
(1) determine and order as applicable for a person | ||
convicted of an offense described by Subsection (b) the amount by | ||
which the person's: | ||
(A) service retirement annuity payments are to be | ||
reduced; or | ||
(B) accrued service credits are to be reduced; | ||
and | ||
(2) notify the affected public retirement system of | ||
the terms of a conviction ordered under Subdivision (1). | ||
SECTION 12. Section 2166.502, Government Code, is repealed. | ||
SECTION 13. On the effective date of this Act, the duties | ||
imposed on the Texas Facilities Commission under Section 2166.501, | ||
Government Code, immediately before the effective date of this Act | ||
are transferred to the Texas Historical Commission. | ||
SECTION 14. This Act takes effect September 1, 2017. |