Bill Text: TX SB1841 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the preservation and maintenance of the Alamo by the General Land Office.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-20 - Committee report sent to Calendars [SB1841 Detail]

Download: Texas-2011-SB1841-Engrossed.html

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By: Van de Putte S.B. No. 1841

A BILL TO BE ENTITLED
AN ACT
relating to the preservation and maintenance of the Alamo by the
General Land Office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 31, Natural Resources
Code, is amended by adding Section 31.0515 to read as follows:
Sec. 31.0515. DUTIES RELATED TO THE ALAMO COMPLEX. The
commissioner shall:
(1) employ staff necessary to preserve and maintain
the Alamo complex and contract for professional services of
qualified consultants; and
(2) prepare an annual budget and work plan, including
usual maintenance for the Alamo complex, including buildings on the
Alamo property, their contents, and their grounds.
SECTION 2. Chapter 31, Natural Resources Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. THE ALAMO COMPLEX
Sec. 31.451. PRESERVATION AND MAINTENANCE OF ALAMO.
(a) The Alamo complex is under the jurisdiction of the land
office. The land office is responsible 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
land office.
(c) Notwithstanding any other law, the land office is not
required to comply with state purchasing law related to requests
for proposals in carrying out its duties under this subchapter.
Sec. 31.452. ASSISTANCE FROM OTHER AGENCIES. The land
office may consult with the State Preservation Board in the
performance of duties under this subchapter. On request of the land
office, the State Preservation Board shall assist the land office
with the land office's duties relating to the Alamo complex.
Sec. 31.453. AGREEMENT WITH DAUGHTERS OF THE REPUBLIC OF
TEXAS. (a) The land office shall 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 land
office and the Daughters of the Republic of Texas;
(2) outline the management and operation of the Alamo
complex;
(3) establish management standards;
(4) provide for oversight by the land office;
(5) address funding and payment for costs;
(6) require some Alamo complex employees to be land
office employees;
(7) address equipment;
(8) establish insurance requirements;
(9) address compliance with local, state, and federal
building and operation laws;
(10) address construction, maintenance, and repair;
(11) establish the term of the agreement, which may
not be less than 10 years;
(12) require submission of financial information from
the Daughters of the Republic of Texas, excluding chapters of the
organization;
(13) address other activities of the Daughters of the
Republic of Texas that would, as demonstrated by clear and
convincing evidence, materially undermine the financial condition
of the Daughters of the Republic of Texas or its duties under the
agreement;
(14) address ownership by this state of the Alamo
complex and its contents;
(15) include a dispute resolution process;
(16) provide that the laws of this state govern the
agreement; and
(17) include notice requirements.
(c) The land office may enter into the agreement required by
this section 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.
(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 and listed on the organization's balance
sheet is subject to the requirements of this chapter and the
agreement required by this section.
Sec. 31.454. THE ALAMO COMPLEX ACCOUNT. (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 and donations from any source designated
for the benefit of the Alamo complex; and
(4) income earned on investments of money in the
account.
(c) Appropriations to the land office for the preservation,
operation, or maintenance of the Alamo complex shall be deposited
to the credit of the account.
(d) The land office may use money in the account only to
administer this subchapter, including to support the preservation,
repair, renovation, improvement, expansion, equipping, operation,
or maintenance of the Alamo complex or to acquire a historical item
appropriate to the Alamo complex.
(e) 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, Government Code.
Sec. 31.455. GRANTS; DONATIONS. The land office may accept
a grant or donation for any program or purpose of the Alamo complex
and use the funds in accordance with Section 31.454.
Sec. 31.456. ALAMO PRESERVATION ADVISORY BOARD. (a) The
land office may create an Alamo Preservation Advisory Board to:
(1) promote and support the Alamo complex;
(2) 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;
(3) inspire virtues of honor and Texas pride;
(4) 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 so that Texas may
be free;
(5) promote and provide 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
(6) 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) a designee appointed by the governor;
(2) the president of the Daughters of the Republic of
Texas;
(3) the current Alamo chairman of the Daughters of the
Republic of Texas;
(4) the immediate past Alamo chairman of the Daughters
of the Republic of Texas;
(5) the Alamo curator;
(6) one representative of the Texas Historical
Commission;
(7) one representative of the land office;
(8) the president of the Bexar County Historical
Commission; and
(9) one representative who serves as a member of the
City of San Antonio Office of Historic Preservation.
(c) The president of the Daughters of the Republic of Texas
serves as presiding officer of the advisory board.
(d) The representative of the land office serves as a
nonvoting ex officio member.
(e) Subject to approval by the advisory board, membership
may be open to individuals and institutions interested in the
purposes for which the advisory board was formed.
SECTION 3. Subsection (a), Section 2203.003, Government
Code, is amended to read as follows:
(a) The Daughters of the Confederacy, Texas Division, and
the Daughters of the Republic of Texas each may charge admission to
state property over which each organization has custody or control.
[This subsection does not apply to the Alamo.]
SECTION 4. The following are repealed:
(1) Article 6394, Revised Civil Statutes of 1911; and
(2) Chapter 7, Acts of the 29th Legislature, Regular
Session, 1905.
SECTION 5. (a) If the General Land Office and the
Daughters of the Republic of Texas have not entered into the
agreement required by Section 31.453, Natural Resources Code, as
added by this Act, before January 1, 2012, on that date the
following are transferred to the land office:
(1) all powers and duties of the Daughters of the
Republic of Texas relating to the Alamo complex;
(2) all unobligated and unexpended funds granted to
the Daughters of the Republic of Texas and designated for the
administration of the Alamo complex;
(3) all equipment and property acquired with state
money by the Daughters of the Republic of Texas and used for the
administration of or related to the Alamo complex; and
(4) all files and other records of the Daughters of the
Republic of Texas kept by the organization regarding the Alamo
complex.
(b) The Daughters of the Republic of Texas may agree with
the General Land Office to transfer any property of the Daughters of
the Republic of Texas to the General Land Office before January 1,
2012, to implement the transfer required by this Act.
(c) Notwithstanding any other law, the Daughters of the
Republic of Texas shall continue to perform functions and
activities related to the Alamo and granted by Chapter 7, Acts of
the 29th Legislature, Regular Session, 1905, until January 1, 2012,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2011.