89th Legislature

SB 249

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 249 seeks to provide state-funded memorial markers for peace officers killed in the line of duty. Currently, under Section 201.910 of the Transportation Code, the Texas Transportation Commission operates a memorial marker program that honors fallen Department of Public Safety (DPS) troopers. However, non-DPS peace officers do not receive equal treatment unless private funding is secured. SB 249 removes the requirement for private funding in the case of non-DPS peace officers and directs the state to provide funding if the legislature appropriates money for this purpose.

The Committee Substitute expands and restructures the original bill. Rather than simply amending Section 201.910, it shifts the relevant provisions to Section 225.0215 of the Transportation Code and adds broader language. This new section applies to both state and federal officers performing duties in Texas who fall under the definitions provided in Articles 2A.001 and 2A.002 of the Code of Criminal Procedure. It allows the Texas Department of Transportation (TxDOT) to erect markers for these officers using either general revenue funds or private donations. Importantly, the committee substitute explicitly overrides the existing restriction in Section 225.021(c), which otherwise prohibits TxDOT from erecting a marker without private funding​.

The original bill focused narrowly on providing public funding for memorial markers for non-DPS peace officers by amending Section 201.910(a) of the Transportation Code. It mirrored the existing DPS program but shifted the financial responsibility to the state, contingent on legislative appropriation.

In contrast, the Committee Substitute introduces a new section—225.0215—and expands the class of eligible honorees to include both state and federal officers (as long as they meet criteria under Articles 2A.001 and 2A.002 of the Code of Criminal Procedure). The revised version also clarifies that TxDOT may utilize appropriated general revenue funds and gifts or donations. By creating a new legal section rather than amending the existing one, the substitute bill consolidates authority and sets a broader framework, superseding the default funding restriction in Section 225.021(c)​​.

Author
Peter Flores
Co-Author
Juan Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), the precise fiscal impact of SB 249 cannot currently be determined. The bill authorizes TxDOT to use general revenue funds to design, construct, and install memorial highway markers, but it does not appropriate funds itself. As a result, the actual cost will depend on whether and how much the legislature appropriates for this purpose. TxDOT estimates the cost of a pair of highway signs to range between $3,600 and $50,000, depending on various factors such as size and location. Consequently, while there is no immediate fiscal cost, the bill establishes the legal foundation for future expenditures from the General Revenue Fund.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 249. The key intent behind the legislation is to relieve families of fallen law enforcement officers from the financial burden of erecting highway memorial markers—a responsibility that under current law, they must privately fund. The bill ensures that memorial markers honoring these individuals can be publicly funded through appropriations or donations, signaling that the state values and honors their sacrifice in a tangible, respectful way.

Importantly, the bill does not mandate spending or create an entitlement; rather, it authorizes the Texas Department of Transportation (TxDOT) to use appropriated general revenue funds or private donations for the design and construction of markers. This discretionary approach preserves legislative oversight of the budget while allowing for a formal, equitable process for honoring both state and federal officers killed in the line of duty. The bill analysis explicitly states that the legislation does not grant additional rulemaking authority and operates entirely within the framework of existing procedural and statutory systems.

The substitute version of the bill further broadens its equitable reach by including federal officers operating within Texas and situating the policy within a clear statutory framework, enhancing transparency and applicability.

  • Individual Liberty: By honoring officers who have died in the line of duty—whether state, local, or federal—the bill acknowledges the risks taken to safeguard individual liberty across communities. While the legislation does not directly enhance or restrict personal freedoms, it upholds the principle symbolically by ensuring that those who defend liberty are memorialized with dignity and equal treatment, regardless of jurisdiction.
  • Personal Responsibility: While this could be seen as a move away from private responsibility, it more accurately reflects a shift toward collective, institutional responsibility for commemorating public service. The bill recognizes that honoring fallen officers is a shared societal duty, not a burden to be placed on those already suffering personal loss. This redistribution of responsibility is carefully limited to voluntary appropriations or donations, thereby respecting both fiscal responsibility and public values.
  • Free Enterprise: Not substantially impacted by this legislation.
  • Private Property Rights: The memorial markers authorized by the bill are limited to placement on the state highway system, including bridges and streets that are already under state jurisdiction. There is no provision in the bill that implicates or alters property ownership, land use rights, or eminent domain. This neutrality ensures that one of the core tenets of liberty—protection against intrusion on private property—is preserved without compromise.
  • Limited Government: While the legislation expands state authority by allowing the use of general revenue funds for a previously private function, it does so in a controlled and discretionary manner. No automatic funding mechanism is established; expenditures may occur only if appropriated by the legislature. Moreover, the bill limits its scope to the memorialization of officers who meet specific statutory definitions, thereby preventing open-ended or mission-creeping application. As such, it represents a principled and restrained use of government authority in service of a narrowly defined, widely supported public good.
References


View Bill Text and Status