Bill Text: TX HB3584 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to monuments, markers, medallions, and antiquities controlled by or in the custody of the Texas Historical Commission; authorizing civil penalties.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3584 Detail]
Download: Texas-2021-HB3584-Enrolled.html
H.B. No. 3584 |
|
||
relating to monuments, markers, medallions, and antiquities | ||
controlled by or in the custody of the Texas Historical Commission; | ||
authorizing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 442.006, Government Code, is amended by | ||
adding Subsections (i) and (j) to read as follows: | ||
(i) Notwithstanding any other law, a monument, marker, or | ||
medallion installed by the commission is state property solely | ||
under the commission's custody and control and may not be altered, | ||
removed, relocated, covered, obscured, or concealed without the | ||
express written permission of the commission. | ||
(j) The attorney general may file suit in district court to | ||
seek civil penalties in accordance with Section 442.011 and | ||
equitable relief in accordance with Section 442.012 against a | ||
person who violates this section. Governmental immunity to suit of | ||
any county, municipality, or other political subdivision is waived | ||
and abolished to the extent liability is created by this section. | ||
SECTION 2. Section 442.011, Government Code, is amended to | ||
read as follows: | ||
Sec. 442.011. PENALTY. A person who violates this chapter | ||
or Chapter 191, Natural Resources Code, is subject to a civil | ||
penalty of not less than $50 nor more than $1,000 for each day of | ||
violation. Each day a violation continues may be considered a | ||
separate violation. If the party seeking a civil penalty | ||
demonstrates the same violation occurred on more than one day, it is | ||
presumed that the person committed a violation on each intervening | ||
day between the days of violation, including the days on which a | ||
violation was demonstrated. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3584 was passed by the House on May | ||
11, 2021, by the following vote: Yeas 140, Nays 3, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3584 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |