86R13418 YDB-D
By: Toth H.B. No. 3517
A BILL TO BE ENTITLED
AN ACT
relating to the preservation, maintenance, and restoration of the
Alamo complex and surrounding area by the Texas Historical
Commission and the Alamo oversight committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 31, Natural Resources
Code, is transferred to Chapter 442, Government Code, redesignated
as Subchapter F, Chapter 442, Government Code, and amended to read
as follows:
SUBCHAPTER F [I]. PRESERVATION, MAINTENANCE, AND RESTORATION OF
[THE] ALAMO COMPLEX
Sec. 442.251 [31.450]. FINDINGS[; MEMORANDUM OF
UNDERSTANDING]. [(a)] The legislature finds that:
(1) the Alamo has played an important role in the
history of this state and continues to be a symbol of liberty and
freedom for this state;
(2) this state wants to honor the individuals whose
lives were lost at the Alamo;
(3) the entire history of the Alamo, from the time the
Alamo was established as a mission until the present, should be
recognized; and
(4) the Alamo is a world-class destination that
provides a place of remembrance and education.
[(b) The land office shall enter into a memorandum of
understanding with the City of San Antonio to coordinate the
planning and development of improvements to the Alamo complex and
the area immediately surrounding the complex.]
Sec. 442.252. ALAMO OVERSIGHT COMMITTEE. (a) In this
section, "oversight committee" means the Alamo oversight
committee.
(b) The Alamo oversight committee shall oversee the Alamo
complex and its contents and provide general direction to the
commission in the preservation, maintenance, and restoration of the
Alamo complex and its contents.
(c) The oversight committee consists of seven members as
follows:
(1) two members of the senate, appointed by the
lieutenant governor;
(2) two members of the house of representatives,
appointed by the governor from a list of at least three house
members provided by the speaker of the house of representatives;
and
(3) three members of the public, appointed by the
governor.
(d) A member of the oversight committee serves at the
pleasure of the appointing official. Public members of the
committee serve staggered six-year terms.
(e) The governor shall appoint a member of the oversight
committee to serve as presiding officer of the committee.
(f) A member of the oversight committee may not receive
compensation for serving on the committee but is entitled to
reimbursement for travel expenses incurred by the member while
conducting the business of the committee as provided by the General
Appropriations Act.
(g) The oversight committee shall meet at least twice
annually or at the call of the presiding officer.
(h) The oversight committee shall:
(1) oversee the activities of and provide general
direction to the commission in the preservation, maintenance, and
restoration of the Alamo complex and its contents;
(2) develop a strategic plan for the Alamo complex and
its contents and update the plan biennially; and
(3) monitor the commission's compliance with the
strategic plan.
(i) The strategic plan must include:
(1) a comprehensive plan for preserving, maintaining,
and restoring the Alamo complex and its contents;
(2) an estimate of the funding necessary to implement
the plan and the projected availability of funds; and
(3) accountability and monitoring mechanisms to
ensure the plan is implemented.
(j) Chapter 551 applies to the oversight committee.
(k) Not later than December 1 of each even-numbered year,
the oversight committee shall submit to the governor, lieutenant
governor, and speaker of the house of representatives a report on
the activities of the committee and a copy of the strategic plan or
updates to the plan, as applicable.
Sec. 442.253 [31.451]. PRESERVATION, [AND] MAINTENANCE,
AND RESTORATION OF ALAMO COMPLEX. (a) The Alamo complex is under
the jurisdiction of the commission and the Alamo oversight
committee [land office]. The commission, under the general
direction of the oversight committee, [land office] is responsible
for the preservation, maintenance, and restoration of the Alamo
complex and its contents and the protection of the historical and
architectural integrity of the exterior, interior, and grounds of
the Alamo complex.
(b) Any power or duty related to the Alamo complex formerly
vested in any other state agency or entity is vested solely in the
commission under the general direction of the Alamo oversight
committee [land office].
Sec. 442.254. RULES. The commission shall adopt rules
necessary to implement this subchapter.
Sec. 442.255. EXEMPTION FROM STATE PURCHASING LAW.
[(c)] Notwithstanding any other law, the commission [land office]
is not required to comply with state purchasing law in carrying out
[its] duties assigned under this subchapter.
Sec. 442.256. NONPROFIT ORGANIZATION. (a) [(d)] The
executive director [land office] may establish or participate in
the establishment of and partner with a qualifying nonprofit
organization to raise money or provide [the purposes of which
include raising funds for or providing] services or other benefits
for the preservation, [and] maintenance, and restoration of the
Alamo complex.
(b) The executive director [land office] may contract with a
nonprofit [the] organization described by Subsection (a) for the
performance of any activity authorized by that subsection.
Sec. 442.257 [31.452]. ASSISTANCE FROM STATE PRESERVATION
BOARD. The executive director [land office] may consult with the
State Preservation Board in the performance of duties under this
subchapter. On request of the executive director [land office],
the State Preservation Board shall assist the commission [land
office] with the commission's [land office's] duties relating to
the Alamo complex.
Sec. 442.258 [31.453]. AGREEMENT WITH DAUGHTERS OF THE
REPUBLIC OF TEXAS. (a) The executive director [land office] shall
enter into an agreement with the Daughters of the Republic of Texas
for the management, operation, and financial support of the Alamo
complex.
(b) The agreement at a minimum must:
(1) detail the expectations and goals of the
commission [land office] and the Daughters of the Republic of
Texas, including the transfer of any state money held in trust for
the Alamo by the Daughters of the Republic of Texas and the property
described in Subsection (d);
(2) outline the management and operation of the Alamo
complex;
(3) establish management standards;
(4) provide for oversight by the executive director
[land office];
(5) address funding and payment for costs;
(6) address equipment;
(7) establish insurance requirements;
(8) address compliance with local, state, and federal
building and operation laws;
(9) address construction, maintenance, and repair;
(10) establish the term of the agreement;
(11) require submission of financial information from
the Daughters of the Republic of Texas, excluding chapters of the
organization;
(12) address ownership by this state of the Alamo
complex and its contents;
(13) include a dispute resolution process;
(14) provide that the laws of this state govern the
agreement; and
(15) include notice requirements.
(c) The executive director [land office] may enter into the
agreement required by Subsection (a) only if the Daughters of the
Republic of Texas is a properly formed nonprofit corporation in
this state in accordance with Section 2.008, Business Organizations
Code, and is exempt from income taxation under Section 501(c)(3),
Internal Revenue Code of 1986.
(d) All property received by the Daughters of the Republic
of Texas in its capacity as custodian or trustee of the Alamo for
the benefit of the Alamo is subject to the requirements of this
subchapter and the agreement required by this section.
Sec. 442.259 [31.454]. [THE] ALAMO COMPLEX ACCOUNT.
(a) The Alamo complex 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
complex;
(3) grants, donations, and bequests from any source
designated for the benefit of the Alamo complex; and
(4) income earned on investments of money in the
account.
(c) The commission [land office] may accept a gift, grant,
or bequest of money, securities, services, or property to carry out
any purpose related to the preservation, [and] maintenance,
restoration, or operation of the Alamo complex, including funds
raised or services provided by a volunteer or volunteer group to
promote that [the] work [of the land office]. All proceeds under
this subsection shall be deposited to the credit of the account.
(d) Appropriations to the commission [land office] for the
preservation, [operation, or] maintenance, restoration, or
operation of the Alamo complex shall be deposited to the credit of
the account.
(e) The commission [land office] may use money in the
account only to administer this subchapter, including to support
the preservation, maintenance, restoration, operation, repair,
renovation, improvement, expansion, or equipping[, operation, or
maintenance] of the Alamo complex or to acquire a historical item
appropriate to the Alamo complex.
(f) 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[, Government Code].
Sec. 442.260 [31.455]. ALAMO PRESERVATION ADVISORY BOARD.
(a) The executive director shall [land office may] establish an
Alamo Preservation Advisory Board to provide advice, proposals, and
recommendations to:
(1) promote the development of a world-class site to
educate visitors on the history and importance of the Alamo in this
state's fight for independence and to honor the people who lost
their lives at the Alamo;
(2) promote and support the Alamo complex;
(3) provide the resources and support necessary to
advance the understanding and education of current and future
generations on the historical significance and factual record of
the Alamo complex;
(4) inspire virtues of honor and Texas pride;
(5) preserve the memory and achievement of individuals
who served at the Alamo and provide a fitting tribute to the heroism
of the people who paid the ultimate sacrifice for freedom and of the
noble men and women of this state who have served in the armed
forces or died while serving in the armed forces to ensure the
freedom of the people of this state;
(6) provide educational and museum facilities for the
preservation, perpetuation, appropriate publication, and display
of manuscripts, books, relics, pictures, oral histories, and all
other items and information related to the history of the Alamo
complex and of this state that preserve the historical character of
the Alamo shrine; and
(7) promote, counsel, and provide support to
governmental and private organizations that are committed to
objectives similar to the objectives described in this subsection.
(b) The advisory board is composed of:
(1) the executive director or another commission
employee designated by the executive director [commissioner or the
commissioner's designee], who serves as the presiding officer of
the advisory board;
(2) one representative of the General Land Office,
appointed by the commissioner of the land office [a designee
appointed by the governor];
(3) a representative of the Alamo Endowment, appointed
by the executive director [commissioner];
(4) the director of the Alamo;
(5) the Alamo curator;
(6) [one representative of the Texas Historical
Commission;
[(7)] a designee appointed by the county judge of
Bexar County;
(7) [(8)] a designee appointed by the mayor of the
City of San Antonio;
(8) [(9)] a designee appointed by the executive
director [commissioner] representing the local travel and tourism
industry and the businesses and landholders from the area
immediately surrounding the Alamo complex;
(9) [(10)] one member of the house of representatives
appointed by the speaker of the house of representatives; and
(10) [(11)] one senator appointed by the lieutenant
governor.
(c) Subject to approval by the advisory board, the advisory
board may include nonvoting members[,] who, as individuals or as
representatives of institutions, are interested in the purposes for
which the advisory board was established.
SECTION 2. Section 504.665(b), Transportation Code, is
amended to read as follows:
(b) After deduction of the department's administrative
costs, the remainder of the fee for issuance of the license plates
shall be deposited to the credit of an account created by the
comptroller in the manner provided by Section 504.6012(b). Money
deposited to that account may be used only by the Texas Historical
Commission [General Land Office] as follows:
(1) 75 percent of the money shall be used for the
preservation, maintenance, and restoration of the Alamo; and
(2) 25 percent of the money shall be used to enhance
the Alamo visitor experience or to fund education programs about
the Alamo.
SECTION 3. Section 31.0515, Natural Resources Code, is
repealed.
SECTION 4. As soon as practicable after the effective date
of this Act, the speaker of the house of representatives shall
provide to the governor a list of proposed appointees to the Alamo
oversight committee and the governor and lieutenant governor shall
appoint members to the oversight committee as provided by Section
442.252, Government Code, as added by this Act. The governor shall
appoint one public member to a term expiring February 1, 2021, one
public member to a term expiring February 1, 2023, and one public
member to a term expiring February 1, 2025.
SECTION 5. (a) On October 1, 2019, or as soon as practicable
after that date, the General Land Office and the Texas Historical
Commission shall enter into a memorandum of understanding that
provides a comprehensive plan to ensure the orderly transition of
the preservation, maintenance, and restoration of the Alamo complex
to the commission.
(b) This section takes effect September 1, 2019.
SECTION 6. (a) On the effective date of this Act, all
powers, duties, obligations, rights, contracts, bonds,
appropriations, records, property, and personnel of the General
Land Office related to the Alamo complex are transferred to the
Texas Historical Commission as provided for in the memorandum of
understanding described by Section 5 of this Act.
(b) A rule, policy, procedure, or decision of the General
Land Office continues in effect as a rule, policy, procedure, or
decision of the Texas Historical Commission, as appropriate, until
superseded by an act of the commission.
SECTION 7. (a) The term of a member serving on the Alamo
Preservation Advisory Board immediately before the effective date
of this Act whose position on the board is abolished by the changes
in law made by this Act expires on the effective date of this Act.
(b) As soon as practicable after the effective date of this
Act, each appointing official shall appoint members to the Alamo
Preservation Advisory Board as required by Section 442.260,
Government Code, as transferred, redesignated, and amended by this
Act.
(c) As soon as practicable after the effective date of this
Act, the executive director of the Texas Historical Commission
shall enter into an agreement with the Daughters of the Republic of
Texas as required by Section 442.258, Government Code, as
transferred, redesignated, and amended by this Act.
SECTION 8. Except as otherwise provided by this Act, this
Act takes effect January 1, 2020.