By Luna S.B. No. 541
74R5298 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the custody and control of the Alamo and the Alamo
1-3 fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 7, General Laws, Acts of the 29th
1-6 Legislature, Regular Session, 1905, is amended by amending Section
1-7 3 and adding Sections 3A, 3B, and 3C to read as follows:
1-8 Sec. 3. Upon the receipt of the title to said land, the
1-9 Governor shall deliver the property thus acquired, together with
1-10 the Alamo Church property already owned by the State, to the
1-11 custody and care of the Daughters of the Republic of Texas, to be
1-12 maintained by them in good order and repair, without charge to the
1-13 State, as a sacred memorial to the heroes who immolated themselves
1-14 upon that hallowed ground. The Daughters of the Republic of Texas
1-15 have custody and care of the property, subject to oversight by the
1-16 Texas Historical Commission as provided by this Act. The<; and by
1-17 the> Daughters of the Republic of Texas shall maintain and may
1-18 remodel the property according to <to be maintained or remodeled
1-19 upon> plans adopted by the Daughters of the Republic of Texas,
1-20 submitted by the Daughters of the Republic of Texas to the Texas
1-21 Historical Commission for review, and approved by the Governor of
1-22 Texas. The Daughters of the Republic of Texas may not begin a
1-23 maintenance or remodelling project under this section unless
1-24 project plans have been submitted to the Texas Historical
2-1 Commission and approved by the Governor. The Texas Historical
2-2 Commission shall review plans submitted by the Daughters of the
2-3 Republic of Texas and recommend approval or disapproval of the
2-4 plans to the Governor. The Texas Historical Commission may
2-5 initiate a maintenance or remodelling project, subject to approval
2-6 by the Governor. No<; provided that no> changes or alterations
2-7 shall be made in the Alamo Church proper, as it now stands, except
2-8 such as are absolutely necessary for its preservation. All of said
2-9 property being subject to future legislation by the Legislature of
2-10 the State of Texas.
2-11 Sec. 3A. The Alamo fund is a trust fund outside the state
2-12 treasury. The Daughters of the Republic of Texas, acting as
2-13 trustee, may select a depository for the fund and may invest money
2-14 in the fund, under the prudent person standard, in financial
2-15 instruments eligible for investment of money in the state treasury.
2-16 The Alamo fund consists of money from sales from any gift shop,
2-17 museum, or similar entity on the Alamo property, from donations,
2-18 and from the investment of other money in the fund. Sections
2-19 403.094 and 403.095, Government Code, do not apply to the Alamo
2-20 fund. Money in the Alamo fund may be spent only for the operation,
2-21 maintenance, or remodelling of the Alamo property. Expenditures
2-22 for operations shall include the employment of professional
2-23 historians, archeologists, archivists, or curators designated by
2-24 the Texas Historical Commission.
2-25 Sec. 3B. The financial transactions of the Daughters of the
2-26 Republic of Texas relating to the Alamo fund and the Alamo property
2-27 are subject to audit by the state auditor in accordance with
3-1 Chapter 321, Government Code, in the same manner as a state agency.
3-2 The audit must be conducted as part of the audit of the Texas
3-3 Historical Commission under that chapter. The Daughters of the
3-4 Republic of Texas annually shall file a complete and detailed
3-5 written report with the Texas Historical Commission, at a time
3-6 prescribed by the Texas Historical Commission, accounting for all
3-7 money received or disbursed by the organization during the
3-8 preceding fiscal year involving the Alamo fund or the Alamo
3-9 property. The Daughters of the Republic of Texas annually shall
3-10 submit a budget for the Alamo fund and Alamo property to the Texas
3-11 Historical Commission to be incorporated in and reviewed as part of
3-12 the Texas Historical Commission's budget.
3-13 Sec. 3C. The Texas Historical Commission is responsible for
3-14 historical interpretation regarding the Alamo. The Texas
3-15 Historical Commission shall establish guidelines for, and may
3-16 require and conduct training for, persons acting as guides or
3-17 docents on the Alamo property and persons responsible for archival
3-18 or other materials related to the Alamo that are held on the Alamo
3-19 property. The Texas Historical Commission may review and comment
3-20 on any publications relating to the Alamo that are made available
3-21 to the public on the Alamo property.
3-22 SECTION 2. This Act takes effect September 1, 1995.
3-23 SECTION 3. As soon as practicable after the effective date
3-24 of this Act, but not later than November 1, 1995, the Daughters of
3-25 the Republic of Texas shall submit to the Texas Historical
3-26 Commission the report for the fiscal year ending August 31, 1995,
3-27 as required by Section 3B, Chapter 7, General Laws, Acts of the
4-1 29th Legislature, Regular Session, 1905, as added by this Act.
4-2 SECTION 4. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.