BILL ANALYSIS



S.B. 627
By: Truan (Hunter, Bob)
03-29-95
Committee Report (Unamended)


BACKGROUND

The Alamo flag was captured on March 6, 1836.  Texas became aware
of the existence of the flag in the late 1960s and has tried
unsuccessfully to procure the flag ever since.  In 1991, the Texas
Legislature asked President Bush to make the flag's return part of
the NAFTA negotiations.

PURPOSE

As proposed, S.B. 627 authorizes the Texas State Library and
Archives Commission to negotiate an agreement with the appropriate
authorities in Mexico for the exchange of certain Alamo and San
Jacinto battle flags.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 441A, Government Code, by adding Section
441.0115, as follows:

     Sec. 441.0115.  AGREEMENT WITH MEXICO.  Authorizes the Texas
     State Library and Archives Commission to negotiate an
     agreement with the appropriate authorities in Mexico under
     which Texas will trade or lend Mexico the flags of the Toluca
     Battalion, Guerrero Battalion, and Matamoros Battalion
     captured at the Battle of San Jacinto, and Mexico will trade
     or lend to Texas the flag of the New Orleans Greys captured at
     the Battle of the Alamo.  Sets forth the provisions authorized
     by the agreement.
     
SECTION 2. (a)  Prohibits the Texas State Library and Archives
Commission from using appropriated money but may use gifts or
grants to restore the San Jacinto battle flags to a suitable
condition under an agreement to trade or lend the flags that is
made in accordance with Section 441.0115, Government Code, as added
by this Act.

     (b)  Provides that if an agreement to trade or lend the Alamo
     and San Jacinto battle flags that is made in accordance with
     Section 441.0115, Government Code, as added by this Act, does
     not provide that Mexico will restore the Alamo battle flag to
     a suitable condition before the trade or loan of the flag, the
     Texas State Library and Archives Commission may not use
     appropriated money but may use gifts or grants to restore the
     Alamo battle flag to a suitable condition after the trade or
     loan of the flags.
SECTION 3. Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION

SB 627 was considered by the House Committee on State, Federal, and
International Relations in a public hearing on 15 March 1995.

The following person testified in favor of the bill:

     Mr. Mike Workman
     Sesquicentennial of Statehood Committee

The following person testified neutrally on the bill:

     Mr. William D. Gooch, Director
     State Library and Archives Commission

The bill was left pending.

SB 627 was again taken up and considered by the committee in a
public hearing on 29 March 1995. The following person testified in
favor of the bill:

     Mr. Mike Workman
     Sesquicentennial of Statehood Committee

The bill was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, and 3 absent.