Bill Text: TX SB1912 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the private entity granted care and custody of the Alamo.
Sponsorship: Partisan Bill (Republican 1)
Status: (N/A - Dead) 2011-04-20 - Referred to Administration [SB1912 Detail]
Download: Texas-2011-SB1912-Introduced.html
| 82R23750 YDB-D | ||
| By: Wentworth | S.B. No. 1912 | |
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| relating to the private entity granted care and custody of the | ||
| Alamo. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle D, Title 4, Government Code, is amended | ||
| by adding Chapter 450 to read as follows: | ||
| CHAPTER 450. CUSTODIAN OF ALAMO | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 450.001. DEFINITIONS. In this chapter: | ||
| (1) "Advisory board" means the Alamo Preservation | ||
| Advisory Board. | ||
| (2) "Custodian" means the private entity: | ||
| (A) in whose care the state has placed the Alamo; | ||
| and | ||
| (B) on whom the state has imposed a duty to repair | ||
| the Alamo and to maintain the Alamo in good order. | ||
| Sec. 450.002. APPLICABILITY. This chapter does not apply | ||
| to a chapter or subsidiary of the custodian that is not involved in | ||
| the daily operations of the Alamo complex or other state-owned | ||
| property. | ||
| [Sections 450.003-450.050 reserved for expansion] | ||
| SUBCHAPTER B. DUTIES OF CUSTODIAN | ||
| Sec. 450.051. ANNUAL REPORT REQUIRED. To provide | ||
| transparency in the performance of duties as custodian, not later | ||
| than December 1 of each year the custodian shall: | ||
| (1) prepare a financial accountability and general | ||
| transparency report that covers the custodian's previous fiscal | ||
| year unless otherwise provided by this chapter; and | ||
| (2) submit a copy of the report to: | ||
| (A) the comptroller; | ||
| (B) the governor; and | ||
| (C) the Texas Historical Commission. | ||
| Sec. 450.052. CONTENT OF ANNUAL REPORT. The annual report | ||
| required under Section 450.051 at a minimum must contain: | ||
| (1) copies of each independent audit or review of the | ||
| financial activities of the custodian, including: | ||
| (A) financial activities related to the Alamo; | ||
| and | ||
| (B) any recommendation, management letter, or | ||
| report of the governing board of the custodian related to the audit | ||
| or review; | ||
| (2) copies of the annual operating budget for: | ||
| (A) the custodian; and | ||
| (B) the Alamo; | ||
| (3) documents that identify all financial institution | ||
| accounts held in the name of the custodian or in which funds from | ||
| the Alamo complex and all other state-owned property managed by the | ||
| custodian, including museums and other general operations of the | ||
| custodian, are or have been held; | ||
| (4) documents that identify all accounts into which | ||
| income from operation of the Alamo, including income from gift shop | ||
| and vending machine sales and donations, are deposited; | ||
| (5) copies of the annual general ledgers for the | ||
| custodian, the Alamo complex, and all other state-owned property | ||
| managed by the custodian; | ||
| (6) copies of documents that describe the money spent | ||
| on inspections of the Alamo, including inspections by engineers, | ||
| architects, planners, and consultants; | ||
| (7) copies of all contracts and agreements between the | ||
| custodian and any person relating to the operations, management, | ||
| maintenance, and preservation of the Alamo complex and all other | ||
| state-owned property managed by the custodian; | ||
| (8) copies of all documents relating to permits sought | ||
| by the custodian from the Texas Historical Commission, including | ||
| applications for permits, permits issued, amendments or revisions | ||
| to existing permits, and purchase orders and invoices for work | ||
| performed on the Alamo; | ||
| (9) copies of all documents relating to any repair of | ||
| $2,000 or more made to the Alamo complex or other state-owned | ||
| property managed by the custodian, for which a permit from the Texas | ||
| Historical Commission was not obtained, including purchase orders | ||
| and invoices for work performed; | ||
| (10) copies of all contracts by and between the | ||
| custodian and professional fund-raisers, public relations | ||
| companies, and marketing companies; and | ||
| (11) a copy of the custodian's master plan for the | ||
| Alamo complex and any revisions to the plan, including an | ||
| explanation of the reason for the revision. | ||
| Sec. 450.053. RECORDS. (a) The custodian shall keep in its | ||
| permanent records all receipts, purchase orders, invoices, expense | ||
| reports, or other documents that support, describe, or explain the | ||
| documents required under Sections 450.052(2) and (3). | ||
| (b) The information required under Subsection (a) shall on | ||
| request be made available to the comptroller, governor, and Texas | ||
| Historical Commission. | ||
| [Sections 450.054-450.100 reserved for expansion] | ||
| SUBCHAPTER C. ALAMO PRESERVATION ADVISORY BOARD | ||
| Sec. 450.101. ESTABLISHMENT AND COMPOSITION OF BOARD. (a) | ||
| The custodian shall establish the Alamo Preservation Advisory Board | ||
| composed of the following members: | ||
| (1) the president of the custodian; | ||
| (2) the Alamo chairman of the custodian; | ||
| (3) the immediately preceding president of the | ||
| custodian; | ||
| (4) the immediately preceding Alamo chairman of the | ||
| custodian; | ||
| (5) the custodian's Alamo curator; | ||
| (6) the custodian's Alamo conservator; | ||
| (7) one representative of the Texas Historical | ||
| Commission; | ||
| (8) one representative of the Texas Facilities | ||
| Commission; | ||
| (9) the president of the Bexar County Historical | ||
| Society; and | ||
| (10) one representative of the City of San Antonio | ||
| Office of Historic Preservation. | ||
| (b) Subject to approval by the custodian, the advisory board | ||
| may include nonvoting members composed of individuals or | ||
| representatives of institutions interested in the purposes and | ||
| duties of the advisory board. | ||
| Sec. 450.102. PRESIDING OFFICER. The president of the | ||
| custodian shall serve as presiding officer of the advisory board. | ||
| Sec. 450.103. ADVISORY BOARD PROCEDURES. The advisory | ||
| board may adopt procedures the advisory board considers advisable | ||
| for the management, administration, and regulation of the business | ||
| and affairs of the advisory board. The procedures may not be | ||
| inconsistent with the custodian's articles of incorporation or | ||
| bylaws or the laws of this state. | ||
| Sec. 450.104. DUTIES OF ADVISORY BOARD. The advisory board | ||
| shall: | ||
| (1) promote, operate, and support the Alamo complex; | ||
| (2) provide the resources and support to advance the | ||
| understanding and education of current and future generations about | ||
| the historical significance and factual record of the Alamo | ||
| complex; | ||
| (3) seek to inspire virtues of honor and pride in this | ||
| state; | ||
| (4) preserve the memory and achievement of those at | ||
| the Alamo who paid the ultimate sacrifice for freedom and all the | ||
| men and women of this state who have served in the armed forces; | ||
| (5) promote and provide for the preservation, | ||
| perpetuation, and appropriate publication and display of | ||
| manuscripts, books, relics, pictures, oral histories, and all other | ||
| items and information pertaining to the history of the Alamo | ||
| complex and related history of this state; and | ||
| (6) promote, counsel, and provide support to | ||
| governmental and private organizations that are committed to | ||
| objectives similar to the objectives described by this section. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
