85R5753 YDB-F
 
  By: White H.B. No. 1359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [Texas] heroes of the Confederate States of America or
  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 [or other states].
         (b)  The graves of Texas heroes [Texans] described by
  Subsection (a) may be located and marked.
         (c)  The Texas Historical Commission [commission] shall
  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 [commission] must approve [obtain the
  approval of the Texas Historical Commission regarding] the form,
  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
  [designation], including a statue, portrait, plaque, seal, symbol,
  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 [citizen] of this state described by
  Section 2166.501(a) for military, [or] war-related, or other
  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 [state] property on which the
  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 otherwise provided by state or federal law.
         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 [a] felony
  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.