By: Guillen H.B. No. 3726
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an annual report of 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. ANNUAL REPORT OF THE CUSTODIAN
  OF THE ALAMO
         Sec. 450.001.  DEFINITION. In this chapter, "custodian"
  means the private entity:
               (1)  in whose care the state has placed the Alamo; and
               (2)  on whom the state has imposed a duty to repair the
  Alamo and to maintain the Alamo in good order.
         Sec. 450.002.  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 previous state 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. 450.003.  CONTENT OF ANNUAL REPORT. The annual report
  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 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 and all other property of 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, and all other property of the custodian;
               (6)  documents that identify the donor, amount, and
  date of each cash or noncash donation of more than $2,500 made to
  the custodian, the Alamo, or any other property of the custodian,
  including a donation from an individual, estate, governmental
  entity, private foundation, fund, endowment, trust, or other
  charitable entity or public source of funds;
               (7)  copies of documents that describe the money spent
  on inspections of the Alamo, including inspections by engineers,
  architects, planners, and consultants;
               (8)  copies of all contracts and agreements between the
  custodian and any person relating to the operations, management,
  maintenance, and preservation of the Alamo and all other property
  of the custodian;
               (9)  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;
               (10)  copies of all documents relating to any repair
  made to the Alamo or other property of the custodian, for which a
  permit from the Texas Historical Commission was not obtained,
  including purchase orders and invoices for work performed;
               (11)  copies of all contracts by and between the
  custodian and professional fund-raisers, public relations
  companies, and marketing companies; and
               (12)  a copy of the custodian's master plan for the
  Alamo and any revisions to the plan, including an explanation of the
  reason for the revision.
         Sec. 450.004.  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 450.003(2) and (3).
         (b)  The information required under Subsection (a) shall on
  request be made available to the comptroller, governor, and Texas
  Historical Commission.
         SECTION 2.  This Act takes effect September 1, 2011.