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A BILL TO BE ENTITLED
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AN ACT
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relating to the preservation and maintenance of the Alamo by the |
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Texas Historical Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 442.004, Government Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The executive director shall: |
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(1) employ staff necessary to preserve and maintain |
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the Alamo and contract for professional services of qualified |
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consultants; and |
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(2) prepare an annual budget and work plan, including |
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usual maintenance for the Alamo and other buildings on the Alamo |
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property, their contents, and their grounds. |
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SECTION 2. Chapter 442, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. THE ALAMO |
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Sec. 442.101. PRESERVATION AND MAINTENANCE OF ALAMO. (a) |
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The Alamo is under the jurisdiction of the commission. The |
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commission is responsible for the preservation, maintenance, and |
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restoration of the Alamo and its contents and the protection of the |
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historical and architectural integrity of the Alamo's exterior, |
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interior, and grounds. |
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(b) Any power or duty related to the Alamo formerly vested |
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in any other state agency or entity is vested solely in the |
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commission. |
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(c) Notwithstanding any other law, the commission is not |
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required to comply with state purchasing law related to requests |
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for proposals in carrying out its duties under this subchapter. |
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Sec. 442.102. ASSISTANCE FROM OTHER AGENCIES. The |
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commission may consult with the State Preservation Board in the |
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performance of duties under this chapter. On request of the |
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commission, the State Preservation Board shall assist the |
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commission with the commission's duties relating to the Alamo. |
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Sec. 442.103. AGREEMENT WITH NONPROFIT CORPORATION. (a) |
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The commission shall enter into an agreement with a nonprofit |
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corporation for the management, operation, and financial support of |
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the Alamo. |
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(b) The agreement at a minimum must: |
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(1) detail the expectations and goals of the |
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commission and the nonprofit corporation; |
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(2) outline the management and operation of the Alamo; |
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(3) establish management standards; |
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(4) provide for oversight by the commission; |
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(5) address funding and payment for costs; |
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(6) require some Alamo employees to be commission |
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employees; |
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(7) address equipment; |
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(8) establish insurance requirements; |
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(9) address compliance with local, state, and federal |
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building and operation laws; |
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(10) address construction, maintenance, and repair; |
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(11) establish the term of the agreement; |
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(12) require submission of financial information from |
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the nonprofit corporation; |
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(13) address other activities of the nonprofit |
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corporation that might undermine the financial condition of the |
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nonprofit corporation or its duties under the agreement; |
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(14) address ownership by this state of the Alamo and |
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its contents; |
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(15) include a dispute resolution process; |
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(16) provide that the laws of this state govern the |
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agreement; and |
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(17) include notice requirements. |
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Sec. 442.104. THE ALAMO ACCOUNT. (a) The Alamo account is |
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a separate account in the general revenue fund. |
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(b) The account consists of: |
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(1) transfers made to the account; |
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(2) fees and other revenue from operation of the |
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Alamo; |
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(3) grants and donations from any source; and |
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(4) income earned on investments of money in the |
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account. |
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(c) Appropriations to the commission for the preservation, |
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operation, or maintenance of the Alamo shall be deposited to the |
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credit of the account. |
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(d) The commission may use money in the account to |
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administer this chapter, including to support the preservation, |
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repair, renovation, improvement, expansion, equipping, operation, |
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or maintenance of the Alamo or to acquire a historical item |
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appropriate to the Alamo. |
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(e) Any money in the account not used in a fiscal year |
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remains in the account. The account is exempt from the application |
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of Section 403.095. |
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Sec. 442.105. GRANTS; DONATIONS. The commission may accept |
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a grant or donation for any program or purpose of the Alamo. |
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SECTION 3. Section 2203.003, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) The Daughters of the Confederacy, Texas Division, and |
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the Daughters of the Republic of Texas each may charge admission to |
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state property over which each organization has custody or |
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control[. This subsection does not apply to the Alamo]. |
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(e) Unless the Daughters of the Republic of Texas has |
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entered into an agreement with this state under Section 442.103, |
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the organization may not exercise any custody or control over the |
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Alamo, its grounds, or its contents and may not have an |
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organizational presence at the Alamo or on its grounds. |
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SECTION 4. The following are repealed: |
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(1) Article 6394, Revised Civil Statutes of 1911; and |
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(2) Chapter 7, Acts of the 29th Legislature, Regular |
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Session, 1905. |
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SECTION 5. (a) On January 1, 2012, the following are |
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transferred to the Texas Historical Commission: |
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(1) all powers and duties of the Daughters of the |
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Republic of Texas relating to the Alamo; |
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(2) all unobligated and unexpended funds granted to |
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the Daughters of the Republic of Texas and designated for the |
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administration of the Alamo; |
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(3) all equipment and property acquired with state |
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money by the Daughters of the Republic of Texas and used for the |
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administration of or related to the Alamo; and |
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(4) all files and other records of the Daughters of the |
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Republic of Texas kept by the organization regarding the Alamo. |
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(b) The Daughters of the Republic of Texas may agree with |
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the Texas Historical Commission to transfer any property of the |
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Daughters of the Republic of Texas to the Texas Historical |
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Commission before January 1, 2012, to implement the transfer |
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required by this Act. |
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(c) Notwithstanding any other law, the Daughters of the |
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Republic of Texas shall continue to perform functions and |
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activities related to the Alamo and granted by Chapter 7, Acts of |
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the 29th Legislature, Regular Session, 1905, until January 1, 2012, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |