By: Van de Putte S.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to an annual report of 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. ANNUAL REPORT OF THE CUSTODIAN
OF THE ALAMO
Sec. 450.001. DEFINITION. In this chapter, "custodian"
means the private entity:
(1) in whose care the state has placed the Alamo; and
(2) on whom the state has imposed a duty to repair the
Alamo and to maintain the Alamo in good order.
Sec. 450.002. 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 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 ANNUAL REPORT. The annual report
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 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 and all other property of 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, and all other property of the custodian;
(6) documents that identify the donor, amount, and
date of each cash or noncash donation of more than $2,500 made to
the custodian, the Alamo, 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;
(7) copies of documents that describe the money spent
on inspections of the Alamo, including inspections by engineers,
architects, planners, and consultants;
(8) copies of all contracts and agreements between the
custodian and any person relating to the operations, management,
maintenance, and preservation of the Alamo and all other property
of the custodian;
(9) 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;
(10) copies of all documents relating to any repair
made to the Alamo 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;
(11) copies of all contracts by and between the
custodian and professional fund-raisers, public relations
companies, and marketing companies; and
(12) a copy of the custodian's master plan for the
Alamo and any revisions to the plan, including an explanation of the
reason for the revision.
Sec. 450.004. 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 450.003(2) and (3).
(b) The information required under Subsection (a) shall on
request be made available to the comptroller, governor, and Texas
Historical Commission.
SECTION 2. This Act takes effect September 1, 2011.