82R11988 YDB-D
By: Guillen H.B. No. 3740
A BILL TO BE ENTITLED
AN ACT
relating to the preservation and maintenance of the Alamo and the
financial accountability and transparency of persons granted care
and custody over certain historic state real properties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.004, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The executive director shall:
(1) employ staff necessary to preserve and maintain
the Alamo and contract for professional services of qualified
consultants, including architectural historians, landscape
architects with experience in landscape architectural
preservation, conservators, historians, historic architects,
engineers, and craftsmen; and
(2) prepare an annual budget and work plan, including
usual maintenance for the Alamo and other buildings on the Alamo
property, their contents, and their grounds.
SECTION 2. Chapter 442, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. THE ALAMO
Sec. 442.101. PRESERVATION AND MAINTENANCE OF ALAMO. (a)
The commission is responsible for the preservation, maintenance,
and restoration of the Alamo and its contents and the protection of
the historical and architectural integrity of the Alamo's exterior,
interior, and grounds.
(b) Subject to Chapter 450, any power or duty related to the
Alamo formerly vested in any other state agency or entity is vested
solely in the commission.
(c) Notwithstanding any other law, the commission is not
required to comply with state purchasing law related to requests
for proposals in carrying out its duties under this subchapter.
Sec. 442.102. ASSISTANCE FROM OTHER AGENCIES. The
commission may consult with the State Preservation Board in the
performance of duties under this chapter. On request of the
commission, the State Preservation Board shall assist the
commission with the commission's duties relating to the Alamo.
Sec. 442.103. AGREEMENT WITH NONPROFIT CORPORATION. The
commission, in consultation with the State Preservation Board,
shall enter into an agreement with a nonprofit corporation for the
expansion, renovation, management, operation, or financial support
of the Alamo.
Sec. 442.104. FRIENDS OF THE TEXAS HISTORICAL COMMISSION
ACCOUNT. (a) The Friends of the Texas Historical Commission
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;
(3) grants and donations made by the Friends of the
Texas Historical Commission and other sources; and
(4) income earned on investments of money in the
account.
(c) Appropriations to the commission for the preservation,
operation, or maintenance of the Alamo shall be deposited to the
credit of the account.
(d) The commission may use money in the account to
administer this chapter, including to support the preservation,
repair, renovation, improvement, expansion, equipping, operation,
or maintenance of the Alamo or to acquire a historical item
appropriate to the Alamo.
(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.
Sec. 442.105. GRANTS; DONATIONS. The commission may accept
a grant or donation for any program or purpose of the Alamo.
SECTION 3. Subtitle D, Title 4, Government Code, is amended
by adding Chapter 450 to read as follows:
CHAPTER 450. FINANCIAL ACCOUNTABILITY RELATED TO
HISTORIC STATE REAL PROPERTIES
Sec. 450.001. DEFINITION. In this chapter, "custodian of
historic state real property" and "custodian" mean a private
entity:
(1) in whose care the state has placed historic real
property of the state, including the Alamo and the French Embassy;
and
(2) on whom the state has imposed a duty, including
duties imposed under an agreement under Section 442.103, to repair
the property and to maintain the property in good order.
Sec. 450.002. FINANCIAL ACCOUNTABILITY AND GENERAL
TRANSPARENCY REPORT. Not later than December 1 of each year, a
custodian of historic state real property shall:
(1) prepare a financial accountability and general
transparency report that covers the previous state 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. 450.003. CONTENT OF FINANCIAL ACCOUNTABILITY AND
GENERAL TRANSPARENCY REPORT. (a) The financial accountability and
general transparency report at a minimum must contain:
(1) copies of all minutes, resolutions, and dissents
from meetings of the governing board of the custodian and any
committees created by the governing board, including a finance
committee or committee created to oversee state property;
(2) copies of each independent audit or review of the
financial activities of the custodian, including:
(A) financial activities related to the state
property in the care of the custodian; and
(B) any recommendation, management letter, or
report of the governing board related to the audit or review;
(3) copies of the annual operating budget for:
(A) the custodian; and
(B) the state property;
(4) documents that identify all financial institution
accounts held in the name of the custodian or in which funds from
the state property and all other property of the custodian,
including museums, and from general operations of the custodian are
or have been held;
(5) documents that identify all accounts into which
income from operation of the state property, including income from
gift shop and vending machine sales and donations, are deposited;
(6) copies of all receipts, purchase orders, invoices,
expense reports, or other documents that support, describe, or
explain the documents required under Subdivisions (3) and (4);
(7) copies of the annual general ledgers for the
custodian, the state property, and all other property of the
custodian;
(8) documents that identify the donor, amount, and
date of each cash or noncash donation of more than $2,500 made to
the custodian, the state property, or any other property of the
custodian, including a donation from an individual, estate,
governmental entity, private foundation, fund, endowment, trust,
or other charitable entity or public source of funds;
(9) copies of documents that describe the money spent
on inspections of the state property, including inspections by
engineers, architects, planners, and consultants;
(10) copies of all contracts and agreements between
the custodian and any person relating to the operations,
management, maintenance, and preservation of the state property and
all other property of the custodian;
(11) copies of all correspondence, including
electronic correspondence, between the custodian and the Texas
Historical Commission;
(12) 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 state property;
(13) copies of all documents relating to any repair
made to the state property or other property of the custodian, for
which a permit from the Texas Historical Commission was not
obtained, including purchase orders and invoices for work
performed; and
(14) copies of all contracts by and between the
custodian and professional fund-raisers, public relations
companies, and marketing companies.
(b) The information required under Subsection (a)(1) does
not include:
(1) the minutes, resolutions, and dissents from any
chapter or subsidiary of the custodian; or
(2) information that has been included in a previous
financial accountability and general transparency report, provided
the information is still accurate.
SECTION 4. Section 2203.003, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) 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].
(e) Unless the Daughters of the Republic of Texas has
entered into an agreement with this state under Section 442.103,
the organization may not exercise any custody or control over the
Alamo, its grounds, or its contents and may not have an
organizational presence at the Alamo or on its grounds.
SECTION 5. 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 6. (a) On August 1, 2012, the following are
transferred to the Texas Historical Commission:
(1) all powers and duties of the Daughters of the
Republic of Texas relating to the Alamo;
(2) all unobligated and unexpended funds granted to
the Daughters of the Republic of Texas and designated for the
administration of the Alamo;
(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; and
(4) all files and other records of the Daughters of the
Republic of Texas kept by the organization regarding the Alamo.
(b) The Daughters of the Republic of Texas may agree with
the Texas Historical Commission to transfer any property of the
Daughters of the Republic of Texas to the Texas Historical
Commission before August 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 August 1, 2012,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2011.