Texas 2011 - 82nd Regular

Texas Senate Bill SB1841 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Van de Putte S.B. No. 1841
2	2	(Guillen)
3	3	Substitute the following for S.B. No. 1841: No.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the preservation and maintenance of the Alamo by the
9	9	General Land Office.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 31, Natural Resources
12	12	Code, is amended by adding Section 31.0515 to read as follows:
13	13	Sec. 31.0515. DUTIES RELATED TO THE ALAMO COMPLEX. The land
14	14	office shall:
15	15	(1) employ staff necessary to preserve and maintain
16	16	the Alamo complex and contract for professional services of
17	17	qualified consultants; and
18	18	(2) prepare an annual budget and work plan, including
19	19	preservation, future maintenance, and usual maintenance for the
20	20	Alamo complex, including buildings on the Alamo property, their
21	21	contents, and their grounds.
22	22	SECTION 2. Chapter 31, Natural Resources Code, is amended
23	23	by adding Subchapter I to read as follows:
24	24	SUBCHAPTER I. THE ALAMO COMPLEX
25	25	Sec. 31.451. PRESERVATION AND MAINTENANCE OF ALAMO. (a)
26	26	The Alamo complex is under the jurisdiction of the land office. The
27	27	land office is responsible for the preservation, maintenance, and
28	28	restoration of the Alamo complex and its contents and the
29	29	protection of the historical and architectural integrity of the
30	30	exterior, interior, and grounds of the Alamo complex.
31	31	(b) Any power or duty related to the Alamo complex formerly
32	32	vested in any other state agency or entity is vested solely in the
33	33	land office.
34	34	(c) Notwithstanding any other law, the land office is not
35	35	required to comply with state purchasing law in carrying out its
36	36	duties under this subchapter.
37	37	(d) The land office may participate in the establishment of
38	38	and partner with a qualifying nonprofit organization the purposes
39	39	of which include raising funds for or providing services or other
40	40	benefits for the preservation and maintenance of the Alamo complex.
41	41	The land office may contract with the organization for the
42	42	performance of any activity.
43	43	Sec. 31.452. ASSISTANCE FROM STATE PRESERVATION BOARD. The
44	44	land office may consult with the State Preservation Board in the
45	45	performance of duties under this subchapter. On request of the land
46	46	office, the State Preservation Board shall assist the land office
47	47	with the land office's duties relating to the Alamo complex.
48	48	Sec. 31.453. AGREEMENT WITH DAUGHTERS OF THE REPUBLIC OF
49	49	TEXAS. (a) The land office shall enter into an agreement with the
50	50	Daughters of the Republic of Texas for the management, operation,
51	51	and financial support of the Alamo complex.
52	52	(b) The agreement at a minimum must:
53	53	(1) detail the expectations and goals of the land
54	54	office and the Daughters of the Republic of Texas, including the
55	55	transfer of any state money held in trust for the Alamo by the
56	56	Daughters of the Republic of Texas and the property described in
57	57	Subsection (d);
58	58	(2) outline the management and operation of the Alamo
59	59	complex;
60	60	(3) establish management standards;
61	61	(4) provide for oversight by the land office;
62	62	(5) address funding and payment for costs;
63	63	(6) address equipment;
64	64	(7) establish insurance requirements;
65	65	(8) address compliance with local, state, and federal
66	66	building and operation laws;
67	67	(9) address construction, maintenance, and repair;
68	68	(10) establish the term of the agreement;
69	69	(11) require submission of financial information from
70	70	the Daughters of the Republic of Texas, excluding chapters of the
71	71	organization;
72	72	(12) address ownership by this state of the Alamo
73	73	complex and its contents;
74	74	(13) include a dispute resolution process;
75	75	(14) provide that the laws of this state govern the
76	76	agreement; and
77	77	(15) include notice requirements.
78	78	(c) The land office may enter into the agreement required by
79	79	this section only if the Daughters of the Republic of Texas is a
80	80	properly formed nonprofit corporation in this state in accordance
81	81	with Section 2.008, Business Organizations Code, and is exempt from
82	82	income taxation under Section 501(c)(3), Internal Revenue Code.
83	83	(d) All property received by the Daughters of the Republic
84	84	of Texas in its capacity as custodian or trustee of the Alamo for
85	85	the benefit of the Alamo is subject to the requirements of this
86	86	chapter and the agreement required by this section.
87	87	Sec. 31.454. THE ALAMO COMPLEX ACCOUNT. (a) The Alamo
88	88	complex account is a separate account in the general revenue fund.
89	89	(b) The account consists of:
90	90	(1) transfers made to the account;
91	91	(2) fees and other revenue from operation of the Alamo
92	92	complex;
93	93	(3) grants, donations, and bequests from any source
94	94	designated for the benefit of the Alamo complex; and
95	95	(4) income earned on investments of money in the
96	96	account.
97	97	(c) The land office may accept a gift, grant, or bequest of
98	98	money, securities, services, or property to carry out any purpose
99	99	related to the preservation and maintenance of the Alamo complex,
100	100	including funds raised or services provided by a volunteer or
101	101	volunteer group to promote the work of the land office. All
102	102	proceeds under this subsection shall be deposited to the credit of
103	103	the account.
104	104	(d) Appropriations to the land office for the preservation,
105	105	operation, or maintenance of the Alamo complex shall be deposited
106	106	to the credit of the account.
107	107	(e) The land office may use money in the account only to
108	108	administer this subchapter, including to support the preservation,
109	109	repair, renovation, improvement, expansion, equipping, operation,
110	110	or maintenance of the Alamo complex or to acquire a historical item
111	111	appropriate to the Alamo complex.
112	112	(f) Any money in the account not used in a fiscal year
113	113	remains in the account. The account is exempt from the application
114	114	of Section 403.095, Government Code.
115	115	Sec. 31.455. ALAMO PRESERVATION ADVISORY BOARD. (a) The
116	116	land office may create an Alamo Preservation Advisory Board to
117	117	provide advice, proposals, and recommendations to:
118	118	(1) promote and support the Alamo complex;
119	119	(2) provide the resources and support necessary to
120	120	advance the understanding and education of current and future
121	121	generations on the historical significance and factual record of
122	122	the Alamo complex;
123	123	(3) inspire virtues of honor and Texas pride;
124	124	(4) preserve the memory and achievement of individuals
125	125	who served at the Alamo and provide a fitting tribute to the heroism
126	126	of the people who paid the ultimate sacrifice for freedom and of the
127	127	noble men and women of this state who have served in the armed
128	128	forces or died while serving in the armed forces to ensure the
129	129	freedom of the people of this state;
130	130	(5) promote and provide for the preservation,
131	131	perpetuation, appropriate publication, and display of manuscripts,
132	132	books, relics, pictures, oral histories, and all other items and
133	133	information related to the history of the Alamo complex and of this
134	134	state that preserve the historical character of the Alamo shrine;
135	135	and
136	136	(6) promote, counsel, and provide support to
137	137	governmental and private organizations that are committed to
138	138	objectives similar to the objectives described in this subsection.
139	139	(b) The advisory board is composed of:
140	140	(1) the commissioner or the commissioner's designee,
141	141	who serves as the presiding officer of the advisory board
142	142	(2) a designee appointed by the governor;
143	143	(3) the president of the Daughters of the Republic of
144	144	Texas;
145	145	(4) the current Alamo chairman of the Daughters of the
146	146	Republic of Texas;
147	147	(5) the immediate past Alamo chairman of the Daughters
148	148	of the Republic of Texas;
149	149	(6) the Alamo curator;
150	150	(7) one representative of the Texas Historical
151	151	Commission;
152	152	(8) the president of the Bexar County Historical
153	153	Commission; and
154	154	(9) one representative who serves as a member of the
155	155	City of San Antonio Office of Historic Preservation.
156	156	(c) Subject to approval by the advisory board, membership
157	157	may be open to individuals and institutions interested in the
158	158	purposes for which the advisory board was formed.
159	159	SECTION 3. Section 2203.003(a), Government Code, is amended
160	160	to read as follows:
161	161	(a) The Daughters of the Confederacy, Texas Division, and
162	162	the Daughters of the Republic of Texas each may charge admission to
163	163	state property over which each organization has custody or control.
164	164	[This subsection does not apply to the Alamo.]
165	165	SECTION 4. The following are repealed:
166	166	(1) Article 6394, Revised Civil Statutes of 1911; and
167	167	(2) Chapter 7, Acts of the 29th Legislature, Regular
168	168	Session, 1905.
169	169	SECTION 5. (a) If the General Land Office and the
170	170	Daughters of the Republic of Texas have not entered into the
171	171	agreement required by Section 31.453, Natural Resources Code, as
172	172	added by this Act, before January 1, 2012, on that date the
173	173	following are transferred to the land office:
174	174	(1) all powers and duties of the Daughters of the
175	175	Republic of Texas relating to the Alamo complex;
176	176	(2) all unobligated and unexpended funds granted to
177	177	the Daughters of the Republic of Texas and designated for the
178	178	benefit of the Alamo complex;
179	179	(3) all equipment and property acquired with state
180	180	money by the Daughters of the Republic of Texas and used for the
181	181	administration of or related to the Alamo complex; and
182	182	(4) all files and other records of the Daughters of the
183	183	Republic of Texas kept by the organization regarding the Alamo
184	184	complex.
185	185	(b) The Daughters of the Republic of Texas may agree with
186	186	the General Land Office to transfer any property of the Daughters of
187	187	the Republic of Texas to the General Land Office before January 1,
188	188	2012, to implement the transfer required by this Act.
189	189	(c) Notwithstanding any other law, unless otherwise
190	190	provided pursuant to a contract entered into under Section 31.453,
191	191	Natural Resources Code, as added by this Act, the Daughters of the
192	192	Republic of Texas shall continue to perform functions and
193	193	activities related to the Alamo and granted by Chapter 7, Acts of
194	194	the 29th Legislature, Regular Session, 1905, until January 1, 2012,
195	195	and the former law is continued in effect for that purpose.
196	196	SECTION 6. This Act takes effect September 1, 2011.