82R23750 YDB-D
By: Wentworth S.B. No. 1912
A BILL TO BE ENTITLED
AN ACT
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.