86R13418 YDB-D
 
  By: Toth H.B. No. 3517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the preservation, maintenance, and restoration of the
  Alamo complex and surrounding area by the Texas Historical
  Commission and the Alamo oversight committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 31, Natural Resources
  Code, is transferred to Chapter 442, Government Code, redesignated
  as Subchapter F, Chapter 442, Government Code, and amended to read
  as follows:
  SUBCHAPTER F [I]. PRESERVATION, MAINTENANCE, AND RESTORATION OF
  [THE] ALAMO COMPLEX
         Sec. 442.251  [31.450].  FINDINGS[; MEMORANDUM OF
  UNDERSTANDING]. [(a)]  The legislature finds that:
               (1)  the Alamo has played an important role in the
  history of this state and continues to be a symbol of liberty and
  freedom for this state;
               (2)  this state wants to honor the individuals whose
  lives were lost at the Alamo;
               (3)  the entire history of the Alamo, from the time the
  Alamo was established as a mission until the present, should be
  recognized; and
               (4)  the Alamo is a world-class destination that
  provides a place of remembrance and education.
         [(b)     The land office shall enter into a memorandum of
  understanding with the City of San Antonio to coordinate the
  planning and development of improvements to the Alamo complex and
  the area immediately surrounding the complex.]
         Sec. 442.252.  ALAMO OVERSIGHT COMMITTEE. (a) In this
  section, "oversight committee" means the Alamo oversight
  committee.
         (b)  The Alamo oversight committee shall oversee the Alamo
  complex and its contents and provide general direction to the
  commission in the preservation, maintenance, and restoration of the
  Alamo complex and its contents.
         (c)  The oversight committee consists of seven members as
  follows:
               (1)  two members of the senate, appointed by the
  lieutenant governor;
               (2)  two members of the house of representatives,
  appointed by the governor from a list of at least three house
  members provided by the speaker of the house of representatives;
  and
               (3)  three members of the public, appointed by the
  governor.
         (d)  A member of the oversight committee serves at the
  pleasure of the appointing official. Public members of the
  committee serve staggered six-year terms.
         (e)  The governor shall appoint a member of the oversight
  committee to serve as presiding officer of the committee.
         (f)  A member of the oversight committee may not receive
  compensation for serving on the committee but is entitled to
  reimbursement for travel expenses incurred by the member while
  conducting the business of the committee as provided by the General
  Appropriations Act.
         (g)  The oversight committee shall meet at least twice
  annually or at the call of the presiding officer.
         (h)  The oversight committee shall:
               (1)  oversee the activities of and provide general
  direction to the commission in the preservation, maintenance, and
  restoration of the Alamo complex and its contents;
               (2)  develop a strategic plan for the Alamo complex and
  its contents and update the plan biennially; and
               (3)  monitor the commission's compliance with the
  strategic plan.
         (i)  The strategic plan must include:
               (1)  a comprehensive plan for preserving, maintaining,
  and restoring the Alamo complex and its contents;
               (2)  an estimate of the funding necessary to implement
  the plan and the projected availability of funds; and
               (3)  accountability and monitoring mechanisms to
  ensure the plan is implemented.
         (j)  Chapter 551 applies to the oversight committee.
         (k)  Not later than December 1 of each even-numbered year,
  the oversight committee shall submit to the governor, lieutenant
  governor, and speaker of the house of representatives a report on
  the activities of the committee and a copy of the strategic plan or
  updates to the plan, as applicable.
         Sec. 442.253 [31.451].  PRESERVATION, [AND] MAINTENANCE,
  AND RESTORATION OF ALAMO COMPLEX. (a) The Alamo complex is under
  the jurisdiction of the commission and the Alamo oversight
  committee [land office]. The commission, under the general
  direction of the oversight committee, [land office] is responsible
  for the preservation, maintenance, and restoration of the Alamo
  complex and its contents and the protection of the historical and
  architectural integrity of the exterior, interior, and grounds of
  the Alamo complex.
         (b)  Any power or duty related to the Alamo complex formerly
  vested in any other state agency or entity is vested solely in the
  commission under the general direction of the Alamo oversight
  committee [land office].
         Sec. 442.254.  RULES. The commission shall adopt rules
  necessary to implement this subchapter.
         Sec. 442.255.  EXEMPTION FROM STATE PURCHASING LAW.
  [(c)]  Notwithstanding any other law, the commission [land office]
  is not required to comply with state purchasing law in carrying out
  [its] duties assigned under this subchapter.
         Sec. 442.256.  NONPROFIT ORGANIZATION. (a) [(d)]  The
  executive director [land office] may establish or participate in
  the establishment of and partner with a qualifying nonprofit
  organization to raise money or provide [the purposes of which
  include raising funds for or providing] services or other benefits
  for the preservation, [and] maintenance, and restoration of the
  Alamo complex.
         (b)  The executive director [land office] may contract with a
  nonprofit [the] organization described by Subsection (a) for the
  performance of any activity authorized by that subsection.
         Sec. 442.257  [31.452].  ASSISTANCE FROM STATE PRESERVATION
  BOARD.  The executive director [land office] may consult with the
  State Preservation Board in the performance of duties under this
  subchapter.  On request of the executive director [land office],
  the State Preservation Board shall assist the commission [land
  office] with the commission's [land office's] duties relating to
  the Alamo complex.
         Sec. 442.258  [31.453].  AGREEMENT WITH DAUGHTERS OF THE
  REPUBLIC OF TEXAS. (a)  The executive director [land office] shall
  enter into an agreement with the Daughters of the Republic of Texas
  for the management, operation, and financial support of the Alamo
  complex.
         (b)  The agreement at a minimum must:
               (1)  detail the expectations and goals of the
  commission [land office] and the Daughters of the Republic of
  Texas, including the transfer of any state money held in trust for
  the Alamo by the Daughters of the Republic of Texas and the property
  described in Subsection (d);
               (2)  outline the management and operation of the Alamo
  complex;
               (3)  establish management standards;
               (4)  provide for oversight by the executive director 
  [land office];
               (5)  address funding and payment for costs;
               (6)  address equipment;
               (7)  establish insurance requirements;
               (8)  address compliance with local, state, and federal
  building and operation laws;
               (9)  address construction, maintenance, and repair;
               (10)  establish the term of the agreement;
               (11)  require submission of financial information from
  the Daughters of the Republic of Texas, excluding chapters of the
  organization;
               (12)  address ownership by this state of the Alamo
  complex and its contents;
               (13)  include a dispute resolution process;
               (14)  provide that the laws of this state govern the
  agreement; and
               (15)  include notice requirements.
         (c)  The executive director [land office] may enter into the
  agreement required by Subsection (a) only if the Daughters of the
  Republic of Texas is a properly formed nonprofit corporation in
  this state in accordance with Section 2.008, Business Organizations
  Code, and is exempt from income taxation under Section 501(c)(3),
  Internal Revenue Code of 1986.
         (d)  All property received by the Daughters of the Republic
  of Texas in its capacity as custodian or trustee of the Alamo for
  the benefit of the Alamo is subject to the requirements of this
  subchapter and the agreement required by this section.
         Sec. 442.259  [31.454]. [THE] ALAMO COMPLEX ACCOUNT.
  (a)  The Alamo complex account is a separate account in the general
  revenue fund.
         (b)  The account consists of:
               (1)  transfers made to the account;
               (2)  fees and other revenue from operation of the Alamo
  complex;
               (3)  grants, donations, and bequests from any source
  designated for the benefit of the Alamo complex; and
               (4)  income earned on investments of money in the
  account.
         (c)  The commission [land office] may accept a gift, grant,
  or bequest of money, securities, services, or property to carry out
  any purpose related to the preservation, [and] maintenance,
  restoration, or operation of the Alamo complex, including funds
  raised or services provided by a volunteer or volunteer group to
  promote that [the] work [of the land office].  All proceeds under
  this subsection shall be deposited to the credit of the account.
         (d)  Appropriations to the commission [land office] for the
  preservation, [operation, or] maintenance, restoration, or
  operation of the Alamo complex shall be deposited to the credit of
  the account.
         (e)  The commission [land office] may use money in the
  account only to administer this subchapter, including to support
  the preservation, maintenance, restoration, operation, repair,
  renovation, improvement, expansion, or equipping[, operation, or
  maintenance] of the Alamo complex or to acquire a historical item
  appropriate to the Alamo complex.
         (f)  Any money in the account not used in a fiscal year
  remains in the account.  The account is exempt from the application
  of Section 403.095[, Government Code].
         Sec. 442.260  [31.455].  ALAMO PRESERVATION ADVISORY BOARD.
  (a)  The executive director shall [land office may] establish an
  Alamo Preservation Advisory Board to provide advice, proposals, and
  recommendations to:
               (1)  promote the development of a world-class site to
  educate visitors on the history and importance of the Alamo in this
  state's fight for independence and to honor the people who lost
  their lives at the Alamo;
               (2)  promote and support the Alamo complex;
               (3)  provide the resources and support necessary to
  advance the understanding and education of current and future
  generations on the historical significance and factual record of
  the Alamo complex;
               (4)  inspire virtues of honor and Texas pride;
               (5)  preserve the memory and achievement of individuals
  who served at the Alamo and provide a fitting tribute to the heroism
  of the people who paid the ultimate sacrifice for freedom and of the
  noble men and women of this state who have served in the armed
  forces or died while serving in the armed forces to ensure the
  freedom of the people of this state;
               (6)  provide educational and museum facilities for the
  preservation, perpetuation, appropriate publication, and display
  of manuscripts, books, relics, pictures, oral histories, and all
  other items and information related to the history of the Alamo
  complex and of this state that preserve the historical character of
  the Alamo shrine; and
               (7)  promote, counsel, and provide support to
  governmental and private organizations that are committed to
  objectives similar to the objectives described in this subsection.
         (b)  The advisory board is composed of:
               (1)  the executive director or another commission
  employee designated by the executive director [commissioner or the
  commissioner's designee], who serves as the presiding officer of
  the advisory board;
               (2)  one representative of the General Land Office,
  appointed by the commissioner of the land office [a designee
  appointed by the governor];
               (3)  a representative of the Alamo Endowment, appointed
  by the executive director [commissioner];
               (4)  the director of the Alamo;
               (5)  the Alamo curator;
               (6)  [one representative of the Texas Historical
  Commission;
               [(7)]  a designee appointed by the county judge of
  Bexar County;
               (7) [(8)]  a designee appointed by the mayor of the
  City of San Antonio;
               (8) [(9)]  a designee appointed by the executive
  director [commissioner] representing the local travel and tourism
  industry and the businesses and landholders from the area
  immediately surrounding the Alamo complex;
               (9) [(10)]  one member of the house of representatives
  appointed by the speaker of the house of representatives; and
               (10) [(11)]  one senator appointed by the lieutenant
  governor.
         (c)  Subject to approval by the advisory board, the advisory
  board may include nonvoting members[,] who, as individuals or as
  representatives of institutions, are interested in the purposes for
  which the advisory board was established.
         SECTION 2.  Section 504.665(b), Transportation Code, is
  amended to read as follows:
         (b)  After deduction of the department's administrative
  costs, the remainder of the fee for issuance of the license plates
  shall be deposited to the credit of an account created by the
  comptroller in the manner provided by Section 504.6012(b).  Money
  deposited to that account may be used only by the Texas Historical
  Commission [General Land Office] as follows:
               (1)  75 percent of the money shall be used for the
  preservation, maintenance, and restoration of the Alamo; and
               (2)  25 percent of the money shall be used to enhance
  the Alamo visitor experience or to fund education programs about
  the Alamo.
         SECTION 3.  Section 31.0515, Natural Resources Code, is
  repealed.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the speaker of the house of representatives shall
  provide to the governor a list of proposed appointees to the Alamo
  oversight committee and the governor and lieutenant governor shall
  appoint members to the oversight committee as provided by Section
  442.252, Government Code, as added by this Act. The governor shall
  appoint one public member to a term expiring February 1, 2021, one
  public member to a term expiring February 1, 2023, and one public
  member to a term expiring February 1, 2025.
         SECTION 5.  (a) On October 1, 2019, or as soon as practicable
  after that date, the General Land Office and the Texas Historical
  Commission shall enter into a memorandum of understanding that
  provides a comprehensive plan to ensure the orderly transition of
  the preservation, maintenance, and restoration of the Alamo complex
  to the commission.
         (b)  This section takes effect September 1, 2019.
         SECTION 6.  (a)  On the effective date of this Act, all
  powers, duties, obligations, rights, contracts, bonds,
  appropriations, records, property, and personnel of the General
  Land Office related to the Alamo complex are transferred to the
  Texas Historical Commission as provided for in the memorandum of
  understanding described by Section 5 of this Act.
         (b)  A rule, policy, procedure, or decision of the General
  Land Office continues in effect as a rule, policy, procedure, or
  decision of the Texas Historical Commission, as appropriate, until
  superseded by an act of the commission.
         SECTION 7.  (a) The term of a member serving on the Alamo
  Preservation Advisory Board immediately before the effective date
  of this Act whose position on the board is abolished by the changes
  in law made by this Act expires on the effective date of this Act.
         (b)  As soon as practicable after the effective date of this
  Act, each appointing official shall appoint members to the Alamo
  Preservation Advisory Board as required by Section 442.260,
  Government Code, as transferred, redesignated, and amended by this
  Act.
         (c)  As soon as practicable after the effective date of this
  Act, the executive director of the Texas Historical Commission
  shall enter into an agreement with the Daughters of the Republic of
  Texas as required by Section 442.258, Government Code, as
  transferred, redesignated, and amended by this Act.
         SECTION 8.  Except as otherwise provided by this Act, this
  Act takes effect January 1, 2020.