According to the Legislative Budget Board (LBB), SB 217 is not expected to have a significant fiscal impact on the state. The bill allows the Texas Historical Commission to create and administer the Historic Texas Freedmen’s Cemetery Designation Program, including the development of an application process and optional medallion purchases to mark designated cemeteries. However, any associated administrative costs are expected to be manageable within the Commission’s existing budget and operational capacity.

The bill authorizes a modest application fee of up to $25, which may generate some revenue. However, the Legislative Budget Board projects that this revenue will be minimal and not materially affect state finances. There are no mandated expenses for applicants or property owners beyond the optional medallion cost.

Furthermore, the legislation is not anticipated to impose significant costs on local governments. The program’s design is centered on voluntary participation, informational outreach, and historical preservation rather than regulatory enforcement, keeping local administrative burdens light and largely incidental.

SB 217 is a targeted and narrowly crafted proposal that advances historical preservation through a new voluntary designation program administered by the Texas Historical Commission. It is designed to identify, recognize, and preserve cemeteries containing the graves of formerly enslaved people—known as Freedmen’s Cemeteries—by extending a state-level historic designation similar to the existing Historic Texas Cemetery program. The bill also allows for the optional purchase of a commemorative medallion and requires that nearby property owners and cemetery organizations be notified when a site is under application for designation.

The legislation respects the principles of limited government and private property rights by making participation entirely voluntary and not imposing land use restrictions. Property owners adjacent to proposed cemeteries are simply notified, not compelled to take action. The bill’s fiscal implications are minimal; the Texas Historical Commission is expected to absorb administrative costs within its current resources, and any fee revenue generated from applications or medallion purchases is expected to be minor.

By giving communities and families a mechanism to protect and commemorate sites of deep historical and cultural significance without imposing mandates or significant costs, SB 217 promotes individual liberty, personal responsibility, and civic engagement. It strikes a balance between honoring history and maintaining government restraint. 

Given its historical, cultural, and policy merits, combined with its minimal fiscal and regulatory footprint, Texas Policy Research recommends that lawmakers vote YES on SB 217.

• Individual Liberty: The bill enhances individual liberty by empowering private citizens and community organizations to apply for the designation of historically significant cemeteries. It uplifts the legacy of formerly enslaved individuals by allowing public recognition of their burial sites without imposing restrictions or infringing upon anyone’s rights. This measure promotes cultural remembrance and self-expression in ways that respect voluntary civic participation.
• Personal Responsibility: The bill places responsibility for applying and gathering supporting documentation in the hands of the applicant—be it a historical society, landowner, or concerned citizen. The state plays a facilitative role rather than an intrusive one. Individuals and local organizations are given the tools and structure to preserve historical sites but must take the initiative, pay a nominal fee, and provide evidence.
• Free Enterprise: While the bill does not directly regulate or promote business, it may support small-scale economic development in the form of heritage tourism. By creating official recognition for Freedmen’s Cemeteries, communities may attract cultural interest that benefits local enterprises (e.g., tour operators, educational organizations, small museums), all without any new subsidies or business mandates.
• Private Property Rights: Importantly, the bill does not impose any land use restrictions or development limitations on private property owners. Notification is required for owners of land adjacent to a cemetery under review, but this is informational only. There is no provision in the bill for eminent domain, easement creation, or regulatory constraints on how property can be used.
• Limited Government: The bill is a textbook example of limited government action as it creates a narrowly defined, non-compulsory program administered by an existing agency (the Texas Historical Commission) and caps the application fee at $25. There are no mandates, enforcement mechanisms, or new bureaucracies created. The program is designed to be self-sustaining and low-cost, with minimal fiscal or administrative impact on the state.