Bill Text: TX HB2571 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2021-03-17 - Referred to Culture, Recreation & Tourism [HB2571 Detail]

Download: Texas-2021-HB2571-Introduced.html
  87R9261 MTB-D
 
  By: Slaton H.B. No. 2571
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, [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 property; and
               (2)  honors an event or person of historic significance
  [a citizen of this state for military or war-related service].
         (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[:
               [(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 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.
         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.
feedback