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A BILL TO BE ENTITLED
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AN ACT
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relating to the private entity granted care and custody of the |
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Alamo. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 450 to read as follows: |
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CHAPTER 450. CUSTODIAN OF ALAMO |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 450.001. DEFINITIONS. In this chapter: |
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(1) "Advisory board" means the Alamo Preservation |
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Advisory Board. |
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(2) "Custodian" means the private entity: |
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(A) in whose care the state has placed the Alamo; |
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and |
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(B) on whom the state has imposed a duty to repair |
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the Alamo and to maintain the Alamo in good order. |
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Sec. 450.002. APPLICABILITY. This chapter does not apply |
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to a chapter or subsidiary of the custodian that is not involved in |
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the daily operations of the Alamo complex or other state-owned |
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property. |
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[Sections 450.003-450.050 reserved for expansion] |
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SUBCHAPTER B. DUTIES OF CUSTODIAN |
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Sec. 450.051. ANNUAL REPORT REQUIRED. To provide |
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transparency in the performance of duties as custodian, not later |
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than December 1 of each year the custodian shall: |
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(1) prepare a financial accountability and general |
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transparency report that covers the custodian's previous fiscal |
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year unless otherwise provided by this chapter; and |
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(2) submit a copy of the report to: |
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(A) the comptroller; |
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(B) the governor; and |
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(C) the Texas Historical Commission. |
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Sec. 450.052. CONTENT OF ANNUAL REPORT. The annual report |
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required under Section 450.051 at a minimum must contain: |
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(1) copies of each independent audit or review of the |
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financial activities of the custodian, including: |
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(A) financial activities related to the Alamo; |
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and |
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(B) any recommendation, management letter, or |
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report of the governing board of the custodian related to the audit |
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or review; |
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(2) copies of the annual operating budget for: |
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(A) the custodian; and |
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(B) the Alamo; |
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(3) documents that identify all financial institution |
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accounts held in the name of the custodian or in which funds from |
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the Alamo complex and all other state-owned property managed by the |
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custodian, including museums and other general operations of the |
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custodian, are or have been held; |
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(4) documents that identify all accounts into which |
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income from operation of the Alamo, including income from gift shop |
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and vending machine sales and donations, are deposited; |
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(5) copies of the annual general ledgers for the |
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custodian, the Alamo complex, and all other state-owned property |
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managed by the custodian; |
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(6) copies of documents that describe the money spent |
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on inspections of the Alamo, including inspections by engineers, |
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architects, planners, and consultants; |
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(7) copies of all contracts and agreements between the |
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custodian and any person relating to the operations, management, |
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maintenance, and preservation of the Alamo complex and all other |
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state-owned property managed by the custodian; |
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(8) copies of all documents relating to permits sought |
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by the custodian from the Texas Historical Commission, including |
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applications for permits, permits issued, amendments or revisions |
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to existing permits, and purchase orders and invoices for work |
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performed on the Alamo; |
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(9) copies of all documents relating to any repair of |
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$2,000 or more made to the Alamo complex or other state-owned |
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property managed by the custodian, for which a permit from the Texas |
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Historical Commission was not obtained, including purchase orders |
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and invoices for work performed; |
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(10) copies of all contracts by and between the |
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custodian and professional fund-raisers, public relations |
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companies, and marketing companies; and |
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(11) a copy of the custodian's master plan for the |
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Alamo complex and any revisions to the plan, including an |
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explanation of the reason for the revision. |
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Sec. 450.053. RECORDS. (a) The custodian shall keep in its |
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permanent records all receipts, purchase orders, invoices, expense |
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reports, or other documents that support, describe, or explain the |
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documents required under Sections 450.052(2) and (3). |
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(b) The information required under Subsection (a) shall on |
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request be made available to the comptroller, governor, and Texas |
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Historical Commission. |
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[Sections 450.054-450.100 reserved for expansion] |
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SUBCHAPTER C. ALAMO PRESERVATION ADVISORY BOARD |
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Sec. 450.101. ESTABLISHMENT AND COMPOSITION OF BOARD. (a) |
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The custodian shall establish the Alamo Preservation Advisory Board |
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composed of the following members: |
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(1) the president of the custodian; |
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(2) the Alamo chairman of the custodian; |
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(3) the immediately preceding president of the |
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custodian; |
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(4) the immediately preceding Alamo chairman of the |
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custodian; |
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(5) the custodian's Alamo curator; |
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(6) the custodian's Alamo conservator; |
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(7) one representative of the Texas Historical |
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Commission; |
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(8) one representative of the Texas Facilities |
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Commission; |
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(9) the president of the Bexar County Historical |
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Society; and |
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(10) one representative of the City of San Antonio |
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Office of Historic Preservation. |
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(b) Subject to approval by the custodian, the advisory board |
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may include nonvoting members composed of individuals or |
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representatives of institutions interested in the purposes and |
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duties of the advisory board. |
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Sec. 450.102. PRESIDING OFFICER. The president of the |
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custodian shall serve as presiding officer of the advisory board. |
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Sec. 450.103. ADVISORY BOARD PROCEDURES. The advisory |
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board may adopt procedures the advisory board considers advisable |
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for the management, administration, and regulation of the business |
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and affairs of the advisory board. The procedures may not be |
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inconsistent with the custodian's articles of incorporation or |
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bylaws or the laws of this state. |
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Sec. 450.104. DUTIES OF ADVISORY BOARD. The advisory board |
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shall: |
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(1) promote, operate, and support the Alamo complex; |
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(2) provide the resources and support to advance the |
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understanding and education of current and future generations about |
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the historical significance and factual record of the Alamo |
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complex; |
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(3) seek to inspire virtues of honor and pride in this |
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state; |
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(4) preserve the memory and achievement of those at |
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the Alamo who paid the ultimate sacrifice for freedom and all the |
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men and women of this state who have served in the armed forces; |
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(5) promote and provide for the preservation, |
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perpetuation, and appropriate publication and display of |
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manuscripts, books, relics, pictures, oral histories, and all other |
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items and information pertaining to the history of the Alamo |
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complex and related history of this state; and |
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(6) promote, counsel, and provide support to |
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governmental and private organizations that are committed to |
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objectives similar to the objectives described by this section. |
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SECTION 2. This Act takes effect September 1, 2011. |