Bill Text: TX HB2866 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the preservation, maintenance, and restoration of the Alamo Cenotaph; granting the power of eminent domain.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Culture, Recreation & Tourism [HB2866 Detail]
Download: Texas-2021-HB2866-Introduced.html
| 87R2658 YDB-D | ||
| By: Biedermann | H.B. No. 2866 | |
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| relating to the preservation, maintenance, and restoration of the | ||
| Alamo Cenotaph; granting the power of eminent domain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter I, Chapter 31, Natural Resources | ||
| Code, is amended by adding Section 31.4515 to read as follows: | ||
| Sec. 31.4515. PRESERVATION, MAINTENANCE, AND RESTORATION | ||
| OF ALAMO CENOTAPH. (a) The land office has the power of eminent | ||
| domain to acquire in the manner provided by Chapter 21, Property | ||
| Code, any property necessary to preserve, maintain, and restore the | ||
| Alamo Cenotaph and to carry out the purposes of this section, | ||
| including the acquisition of the cenotaph and the land immediately | ||
| underneath and adjacent to the cenotaph. | ||
| (b) Subject to Subsection (d), the land office is | ||
| responsible for the preservation, maintenance, and restoration of | ||
| the Alamo Cenotaph and has jurisdiction over the land immediately | ||
| underneath and adjacent to the cenotaph. The land office shall | ||
| determine and officially designate a reasonable amount of land as | ||
| the land immediately underneath and adjacent to the cenotaph for | ||
| purposes of this section. | ||
| (c) Any power or duty related to the Alamo Cenotaph formerly | ||
| vested in another state agency or local governmental entity, | ||
| including the City of San Antonio, is vested solely in the land | ||
| office in accordance with this section. | ||
| (d) All major projects related to the preservation, | ||
| maintenance, and restoration of the Alamo Cenotaph, including any | ||
| project that requires movement of the cenotaph from its original | ||
| location, must be approved: | ||
| (1) unanimously by the governor, lieutenant governor, | ||
| and speaker of the house of representatives; and | ||
| (2) by a majority of the members of the Texas | ||
| Historical Commission. | ||
| (e) The cenotaph may not be moved to a location outside of | ||
| the area that constituted the original Alamo Plaza. | ||
| (f) A local governmental entity may not exercise any control | ||
| over the Alamo Cenotaph and the land immediately underneath and | ||
| adjacent to the cenotaph or move the cenotaph from its original | ||
| location in the Alamo Plaza. | ||
| (g) A writ of mandamus and any other legal and equitable | ||
| remedy is available to a party in interest to require the land | ||
| office, a local governmental entity, and any other party to comply | ||
| with this section. | ||
| SECTION 2. 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. | ||
