Bill Text: TX HB3517 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the preservation, maintenance, and restoration of the Alamo complex and surrounding area by the Texas Historical Commission and the Alamo oversight committee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Culture, Recreation & Tourism [HB3517 Detail]
Download: Texas-2019-HB3517-Introduced.html
86R13418 YDB-D | ||
By: Toth | H.B. No. 3517 |
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relating to the preservation, maintenance, and restoration of the | ||
Alamo complex and surrounding area by the Texas Historical | ||
Commission and the Alamo oversight committee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter I, Chapter 31, Natural Resources | ||
Code, is transferred to Chapter 442, Government Code, redesignated | ||
as Subchapter F, Chapter 442, Government Code, and amended to read | ||
as follows: | ||
SUBCHAPTER F [ |
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Sec. 442.251 [ |
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(1) the Alamo has played an important role in the | ||
history of this state and continues to be a symbol of liberty and | ||
freedom for this state; | ||
(2) this state wants to honor the individuals whose | ||
lives were lost at the Alamo; | ||
(3) the entire history of the Alamo, from the time the | ||
Alamo was established as a mission until the present, should be | ||
recognized; and | ||
(4) the Alamo is a world-class destination that | ||
provides a place of remembrance and education. | ||
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Sec. 442.252. ALAMO OVERSIGHT COMMITTEE. (a) In this | ||
section, "oversight committee" means the Alamo oversight | ||
committee. | ||
(b) The Alamo oversight committee shall oversee the Alamo | ||
complex and its contents and provide general direction to the | ||
commission in the preservation, maintenance, and restoration of the | ||
Alamo complex and its contents. | ||
(c) The oversight committee consists of seven members as | ||
follows: | ||
(1) two members of the senate, appointed by the | ||
lieutenant governor; | ||
(2) two members of the house of representatives, | ||
appointed by the governor from a list of at least three house | ||
members provided by the speaker of the house of representatives; | ||
and | ||
(3) three members of the public, appointed by the | ||
governor. | ||
(d) A member of the oversight committee serves at the | ||
pleasure of the appointing official. Public members of the | ||
committee serve staggered six-year terms. | ||
(e) The governor shall appoint a member of the oversight | ||
committee to serve as presiding officer of the committee. | ||
(f) A member of the oversight committee may not receive | ||
compensation for serving on the committee but is entitled to | ||
reimbursement for travel expenses incurred by the member while | ||
conducting the business of the committee as provided by the General | ||
Appropriations Act. | ||
(g) The oversight committee shall meet at least twice | ||
annually or at the call of the presiding officer. | ||
(h) The oversight committee shall: | ||
(1) oversee the activities of and provide general | ||
direction to the commission in the preservation, maintenance, and | ||
restoration of the Alamo complex and its contents; | ||
(2) develop a strategic plan for the Alamo complex and | ||
its contents and update the plan biennially; and | ||
(3) monitor the commission's compliance with the | ||
strategic plan. | ||
(i) The strategic plan must include: | ||
(1) a comprehensive plan for preserving, maintaining, | ||
and restoring the Alamo complex and its contents; | ||
(2) an estimate of the funding necessary to implement | ||
the plan and the projected availability of funds; and | ||
(3) accountability and monitoring mechanisms to | ||
ensure the plan is implemented. | ||
(j) Chapter 551 applies to the oversight committee. | ||
(k) Not later than December 1 of each even-numbered year, | ||
the oversight committee shall submit to the governor, lieutenant | ||
governor, and speaker of the house of representatives a report on | ||
the activities of the committee and a copy of the strategic plan or | ||
updates to the plan, as applicable. | ||
Sec. 442.253 [ |
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AND RESTORATION OF ALAMO COMPLEX. (a) The Alamo complex is under | ||
the jurisdiction of the commission and the Alamo oversight | ||
committee [ |
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direction of the oversight committee, [ |
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for the preservation, maintenance, and restoration of the Alamo | ||
complex and its contents and the protection of the historical and | ||
architectural integrity of the exterior, interior, and grounds of | ||
the Alamo complex. | ||
(b) Any power or duty related to the Alamo complex formerly | ||
vested in any other state agency or entity is vested solely in the | ||
commission under the general direction of the Alamo oversight | ||
committee [ |
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Sec. 442.254. RULES. The commission shall adopt rules | ||
necessary to implement this subchapter. | ||
Sec. 442.255. EXEMPTION FROM STATE PURCHASING LAW. | ||
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is not required to comply with state purchasing law in carrying out | ||
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Sec. 442.256. NONPROFIT ORGANIZATION. (a) [ |
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executive director [ |
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the establishment of and partner with a qualifying nonprofit | ||
organization to raise money or provide [ |
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for the preservation, [ |
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Alamo complex. | ||
(b) The executive director [ |
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nonprofit [ |
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performance of any activity authorized by that subsection. | ||
Sec. 442.257 [ |
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BOARD. The executive director [ |
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State Preservation Board in the performance of duties under this | ||
subchapter. On request of the executive director [ |
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the State Preservation Board shall assist the commission [ |
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the Alamo complex. | ||
Sec. 442.258 [ |
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REPUBLIC OF TEXAS. (a) The executive director [ |
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enter into an agreement with the Daughters of the Republic of Texas | ||
for the management, operation, and financial support of the Alamo | ||
complex. | ||
(b) The agreement at a minimum must: | ||
(1) detail the expectations and goals of the | ||
commission [ |
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Texas, including the transfer of any state money held in trust for | ||
the Alamo by the Daughters of the Republic of Texas and the property | ||
described in Subsection (d); | ||
(2) outline the management and operation of the Alamo | ||
complex; | ||
(3) establish management standards; | ||
(4) provide for oversight by the executive director | ||
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(5) address funding and payment for costs; | ||
(6) address equipment; | ||
(7) establish insurance requirements; | ||
(8) address compliance with local, state, and federal | ||
building and operation laws; | ||
(9) address construction, maintenance, and repair; | ||
(10) establish the term of the agreement; | ||
(11) require submission of financial information from | ||
the Daughters of the Republic of Texas, excluding chapters of the | ||
organization; | ||
(12) address ownership by this state of the Alamo | ||
complex and its contents; | ||
(13) include a dispute resolution process; | ||
(14) provide that the laws of this state govern the | ||
agreement; and | ||
(15) include notice requirements. | ||
(c) The executive director [ |
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agreement required by Subsection (a) only if the Daughters of the | ||
Republic of Texas is a properly formed nonprofit corporation in | ||
this state in accordance with Section 2.008, Business Organizations | ||
Code, and is exempt from income taxation under Section 501(c)(3), | ||
Internal Revenue Code of 1986. | ||
(d) All property received by the Daughters of the Republic | ||
of Texas in its capacity as custodian or trustee of the Alamo for | ||
the benefit of the Alamo is subject to the requirements of this | ||
subchapter and the agreement required by this section. | ||
Sec. 442.259 [ |
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(a) The Alamo complex account is a separate account in the general | ||
revenue fund. | ||
(b) The account consists of: | ||
(1) transfers made to the account; | ||
(2) fees and other revenue from operation of the Alamo | ||
complex; | ||
(3) grants, donations, and bequests from any source | ||
designated for the benefit of the Alamo complex; and | ||
(4) income earned on investments of money in the | ||
account. | ||
(c) The commission [ |
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or bequest of money, securities, services, or property to carry out | ||
any purpose related to the preservation, [ |
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restoration, or operation of the Alamo complex, including funds | ||
raised or services provided by a volunteer or volunteer group to | ||
promote that [ |
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this subsection shall be deposited to the credit of the account. | ||
(d) Appropriations to the commission [ |
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preservation, [ |
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operation of the Alamo complex shall be deposited to the credit of | ||
the account. | ||
(e) The commission [ |
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account only to administer this subchapter, including to support | ||
the preservation, maintenance, restoration, operation, repair, | ||
renovation, improvement, expansion, or equipping[ |
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appropriate to the Alamo complex. | ||
(f) Any money in the account not used in a fiscal year | ||
remains in the account. The account is exempt from the application | ||
of Section 403.095[ |
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Sec. 442.260 [ |
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(a) The executive director shall [ |
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Alamo Preservation Advisory Board to provide advice, proposals, and | ||
recommendations to: | ||
(1) promote the development of a world-class site to | ||
educate visitors on the history and importance of the Alamo in this | ||
state's fight for independence and to honor the people who lost | ||
their lives at the Alamo; | ||
(2) promote and support the Alamo complex; | ||
(3) provide the resources and support necessary to | ||
advance the understanding and education of current and future | ||
generations on the historical significance and factual record of | ||
the Alamo complex; | ||
(4) inspire virtues of honor and Texas pride; | ||
(5) preserve the memory and achievement of individuals | ||
who served at the Alamo and provide a fitting tribute to the heroism | ||
of the people who paid the ultimate sacrifice for freedom and of the | ||
noble men and women of this state who have served in the armed | ||
forces or died while serving in the armed forces to ensure the | ||
freedom of the people of this state; | ||
(6) provide educational and museum facilities for the | ||
preservation, perpetuation, appropriate publication, and display | ||
of manuscripts, books, relics, pictures, oral histories, and all | ||
other items and information related to the history of the Alamo | ||
complex and of this state that preserve the historical character of | ||
the Alamo shrine; and | ||
(7) promote, counsel, and provide support to | ||
governmental and private organizations that are committed to | ||
objectives similar to the objectives described in this subsection. | ||
(b) The advisory board is composed of: | ||
(1) the executive director or another commission | ||
employee designated by the executive director [ |
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the advisory board; | ||
(2) one representative of the General Land Office, | ||
appointed by the commissioner of the land office [ |
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(3) a representative of the Alamo Endowment, appointed | ||
by the executive director [ |
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(4) the director of the Alamo; | ||
(5) the Alamo curator; | ||
(6) [ |
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Bexar County; | ||
(7) [ |
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City of San Antonio; | ||
(8) [ |
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director [ |
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industry and the businesses and landholders from the area | ||
immediately surrounding the Alamo complex; | ||
(9) [ |
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appointed by the speaker of the house of representatives; and | ||
(10) [ |
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governor. | ||
(c) Subject to approval by the advisory board, the advisory | ||
board may include nonvoting members[ |
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representatives of institutions, are interested in the purposes for | ||
which the advisory board was established. | ||
SECTION 2. Section 504.665(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) After deduction of the department's administrative | ||
costs, the remainder of the fee for issuance of the license plates | ||
shall be deposited to the credit of an account created by the | ||
comptroller in the manner provided by Section 504.6012(b). Money | ||
deposited to that account may be used only by the Texas Historical | ||
Commission [ |
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(1) 75 percent of the money shall be used for the | ||
preservation, maintenance, and restoration of the Alamo; and | ||
(2) 25 percent of the money shall be used to enhance | ||
the Alamo visitor experience or to fund education programs about | ||
the Alamo. | ||
SECTION 3. Section 31.0515, Natural Resources Code, is | ||
repealed. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the speaker of the house of representatives shall | ||
provide to the governor a list of proposed appointees to the Alamo | ||
oversight committee and the governor and lieutenant governor shall | ||
appoint members to the oversight committee as provided by Section | ||
442.252, Government Code, as added by this Act. The governor shall | ||
appoint one public member to a term expiring February 1, 2021, one | ||
public member to a term expiring February 1, 2023, and one public | ||
member to a term expiring February 1, 2025. | ||
SECTION 5. (a) On October 1, 2019, or as soon as practicable | ||
after that date, the General Land Office and the Texas Historical | ||
Commission shall enter into a memorandum of understanding that | ||
provides a comprehensive plan to ensure the orderly transition of | ||
the preservation, maintenance, and restoration of the Alamo complex | ||
to the commission. | ||
(b) This section takes effect September 1, 2019. | ||
SECTION 6. (a) On the effective date of this Act, all | ||
powers, duties, obligations, rights, contracts, bonds, | ||
appropriations, records, property, and personnel of the General | ||
Land Office related to the Alamo complex are transferred to the | ||
Texas Historical Commission as provided for in the memorandum of | ||
understanding described by Section 5 of this Act. | ||
(b) A rule, policy, procedure, or decision of the General | ||
Land Office continues in effect as a rule, policy, procedure, or | ||
decision of the Texas Historical Commission, as appropriate, until | ||
superseded by an act of the commission. | ||
SECTION 7. (a) The term of a member serving on the Alamo | ||
Preservation Advisory Board immediately before the effective date | ||
of this Act whose position on the board is abolished by the changes | ||
in law made by this Act expires on the effective date of this Act. | ||
(b) As soon as practicable after the effective date of this | ||
Act, each appointing official shall appoint members to the Alamo | ||
Preservation Advisory Board as required by Section 442.260, | ||
Government Code, as transferred, redesignated, and amended by this | ||
Act. | ||
(c) As soon as practicable after the effective date of this | ||
Act, the executive director of the Texas Historical Commission | ||
shall enter into an agreement with the Daughters of the Republic of | ||
Texas as required by Section 442.258, Government Code, as | ||
transferred, redesignated, and amended by this Act. | ||
SECTION 8. Except as otherwise provided by this Act, this | ||
Act takes effect January 1, 2020. |