Bill Text: TX SB112 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the removal, relocation, or alteration of certain monuments or memorials located on public property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-31 - Filed [SB112 Detail]
Download: Texas-2017-SB112-Introduced.html
85S10224 MTB/NC-D | ||
By: Creighton | S.B. No. 112 |
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relating to the removal, relocation, or alteration of certain | ||
monuments or memorials located on public property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2166.5011, Government Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsection (d) to | ||
read as follows: | ||
(a) In this section, "monument or memorial" means a | ||
permanent monument, memorial, or other designation, including a | ||
statue, portrait, plaque, seal, symbol, 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 and | ||
except as provided by Subsection (c), 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 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 only by: | ||
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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 2. 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, | ||
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 OF | ||
MONUMENT OR MEMORIAL. Except as provided by Section 338.003, 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; or | ||
(2) for at least 20 years but less than 40 years may be | ||
removed, relocated, or altered only by approval of a majority of the | ||
voters of the municipality or county, as applicable, voting at an | ||
election held for that purpose. | ||
Sec. 338.003. CONSTRUCTION, REPAIR, OR IMPROVEMENTS. (a) | ||
A monument or memorial that is located on municipal or county | ||
property may be removed, relocated, or altered as necessary to | ||
accommodate construction, repair, or improvements to the monument | ||
or memorial or to the surrounding property on which the monument or | ||
memorial is located. | ||
(b) Any monument or memorial that is permanently removed | ||
under this section must be relocated to a prominent location. | ||
SECTION 3. 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 December 1, 2017. |