|
|
|
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. |