BILL ANALYSIS

 

 

 

C.S.H.B. 2205

By: Villarreal

Special Purpose Districts

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Originally named Mission San Antonio de Valero, the Alamo has served variously as a mission, military installation, prison, and hospital and was the scene of the eponymous battle against Mexican forces that claimed the lives of many brave Texian soldiers. To this day, it remains the shrine of Texas history with current grounds that encompass 4.2 acres in downtown San Antonio.

 

Interested parties contend that the Alamo has lost its historical touch and has become commercialized with local businesses. They assert that to honor past cultures and highlight one of the most powerful and recognizable symbols in Texas, it is important to regain the Alamo's original footprint by honoring the Alamo as a national treasure and making Texas and San Antonio a global cultural destination. C.S.H.B. 2205 seeks to establish the Alamo Historic District Commission to help achieve these goals.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

C.S.H.B. 2205, in temporary provisions set to expire January 1, 2015, creates a nine-member Alamo Historic District Commission charged with developing a plan to further honor the Alamo as a national treasure, recognize its original footprint, and make Texas and San Antonio a global cultural destination. The bill requires the commission to make recommendations regarding the establishment of an Alamo Historic District, the best means for interpreting the history of the Alamo and the Battle of the Alamo, a structure for the ongoing stewardship of the Alamo, and responsibility for building preservation and visitor experience.

 

C.S.H.B. 2205 sets out the commission's composition, consisting of the mayor of San Antonio, the county judge of Bexar County, and the commissioner of the General Land Office, or their respective designees, as ex-officio members and two members each appointed by the governor, the lieutenant governor, and the speaker of the house of representatives. The bill requires commission members to be appointed not later than December 1, 2013, requires the original appointing authority to fill a vacancy on the commission, and requires the commission members to elect a presiding officer from among the members. The bill requires the commission to hold at least four public meetings.

 

C.S.H.B. 2205 requires the commission to deliver a written report to the legislature and each of the appointing authorities describing the plan and recommendations not later than December 1, 2014. The bill authorizes the commission to participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the commission. The bill abolishes the commission on January 1, 2015.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2205 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  DEFINITION.  In this Act, "commission" means the Alamo Museum District Commission.

SECTION 1.  DEFINITION.  In this Act, "commission" means the Alamo Historic District Commission.

SECTION 2.  COMMISSION CREATED; COMPOSITION.

(a) The Alamo Museum District Commission is created.

 

(b)  The commission is composed of 11 members.

 

(c)  Not later than December 1, 2013, the mayor of San Antonio, the county judge of Bexar County, the governor, the lieutenant governor, and the speaker of the house of representatives shall jointly appoint a member to the commission from a nonprofit organization and appoint additional members to the commission as follows:

(1)  the mayor of San Antonio shall appoint two members, one of whom must be an area property holder;

(2)  the county judge of Bexar County shall appoint two members, one of whom must be a historian;

(3)  the governor shall appoint two members, one of whom must be a historical preservationist;

(4)  the lieutenant governor shall appoint two members, one of whom must be a civil engineer; and

(5)  the speaker of the house of representatives shall appoint two members, one of whom must be a museum expert.

 

 

 

(See Subsection (c) above.)

 

 

 

 

 

 

(d)  The original appointing authority shall fill a vacancy on the commission.

SECTION 2.  COMMISSION CREATED; COMPOSITION. 

(a)  The Alamo Historic District Commission is created.

 

(b)  The commission is composed of 9 members as follows:

 

(See Subsection (c) below.)

 

 

 

 

 

 

 

(1)  the mayor of San Antonio or the mayor's designee;

 

(2)  the county judge of Bexar County or the judge's designee;

 

(3)  two members appointed by the governor;

 

(4)  two members appointed by the lieutenant governor;

 

(5)  two members appointed by the speaker of the house of representatives; and

 

(6)  the commissioner of the General Land Office or the commissioner's designee.

 

(c)  Not later than December 1, 2013, the governor, the lieutenant governor, and the speaker of the house of representatives shall make the appointments to the commission as provided by Subsection (b) of this section.

 

(d)  The original appointing authority shall fill a vacancy on the commission.

SECTION 3.  PRESIDING OFFICER.  The member appointed jointly by the appointing authorities who is a representative of a nonprofit organization serves as the presiding officer of the commission.

SECTION 3.  PRESIDING OFFICER.  The members of the commission shall elect a presiding officer from among the members.

 

SECTION 4.  MEETINGS.  The commission shall hold at least four public meetings.

SECTION 4. Same as introduced version.

 

SECTION 5.  DUTIES; REPORT. (a) The commission shall develop a plan to establish an Alamo Museum District designed to further honor the Alamo as a natural treasure, reclaim its original footprint, and make this state and San Antonio a global cultural destination.

 

 

 

 

 

 

 

 

 

 

 

 

 

(b)  Not later than December 1, 2014, the commission shall report to the legislature the plan developed under Subsection (a) of this section.

 

SECTION 5.  DUTIES; REPORT.  (a)  The commission shall develop a plan to further honor the Alamo as a national treasure, recognize its original footprint, and make this state and San Antonio a global cultural destination and make recommendations regarding:

(1)  the establishment of an Alamo Historic District;

(2)  the best means for interpreting the history of the Alamo and the Battle of the Alamo;

(3)  a structure for the ongoing stewardship of the Alamo, including recommendations for the operator of the Alamo and, if recommended, the Alamo Historic District; and

(4)  responsibility for building preservation and visitor experience.

 

(b)  Not later than December 1, 2014, the commission shall deliver a written report to the legislature and each of the appointing authorities describing the plan and recommendations developed under Subsection (a) of this section.

No equivalent provision.

 

SECTION 6.  FUNDING.  The commission may participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the commission.

SECTION 6.  EXPIRATION.  This Act expires and the commission is abolished January 1, 2015.

SECTION 7. Same as introduced version.

 

 

SECTION 7.  EFFECTIVE DATE.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

SECTION 8. Same as introduced version.