Bill Text: TX SB1840 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the preservation and maintenance of the Alamo and the financial accountability and transparency of persons granted care and custody over certain historic state real properties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-24 - Referred to Administration [SB1840 Detail]
Download: Texas-2011-SB1840-Introduced.html
82R11988 YDB-D | ||
By: Van de Putte | S.B. No. 1840 |
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relating to the preservation and maintenance of the Alamo and the | ||
financial accountability and transparency of persons granted care | ||
and custody over certain historic state real properties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 442.004, Government Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) The executive director shall: | ||
(1) employ staff necessary to preserve and maintain | ||
the Alamo and contract for professional services of qualified | ||
consultants, including architectural historians, landscape | ||
architects with experience in landscape architectural | ||
preservation, conservators, historians, historic architects, | ||
engineers, and craftsmen; and | ||
(2) prepare an annual budget and work plan, including | ||
usual maintenance for the Alamo and other buildings on the Alamo | ||
property, their contents, and their grounds. | ||
SECTION 2. Chapter 442, Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. THE ALAMO | ||
Sec. 442.101. PRESERVATION AND MAINTENANCE OF ALAMO. (a) | ||
The commission is responsible for the preservation, maintenance, | ||
and restoration of the Alamo and its contents and the protection of | ||
the historical and architectural integrity of the Alamo's exterior, | ||
interior, and grounds. | ||
(b) Subject to Chapter 450, any power or duty related to the | ||
Alamo formerly vested in any other state agency or entity is vested | ||
solely in the commission. | ||
(c) Notwithstanding any other law, the commission is not | ||
required to comply with state purchasing law related to requests | ||
for proposals in carrying out its duties under this subchapter. | ||
Sec. 442.102. ASSISTANCE FROM OTHER AGENCIES. The | ||
commission may consult with the State Preservation Board in the | ||
performance of duties under this chapter. On request of the | ||
commission, the State Preservation Board shall assist the | ||
commission with the commission's duties relating to the Alamo. | ||
Sec. 442.103. AGREEMENT WITH NONPROFIT CORPORATION. The | ||
commission, in consultation with the State Preservation Board, | ||
shall enter into an agreement with a nonprofit corporation for the | ||
expansion, renovation, management, operation, or financial support | ||
of the Alamo. | ||
Sec. 442.104. FRIENDS OF THE TEXAS HISTORICAL COMMISSION | ||
ACCOUNT. (a) The Friends of the Texas Historical Commission | ||
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; | ||
(3) grants and donations made by the Friends of the | ||
Texas Historical Commission and other sources; and | ||
(4) income earned on investments of money in the | ||
account. | ||
(c) Appropriations to the commission for the preservation, | ||
operation, or maintenance of the Alamo shall be deposited to the | ||
credit of the account. | ||
(d) The commission may use money in the account to | ||
administer this chapter, including to support the preservation, | ||
repair, renovation, improvement, expansion, equipping, operation, | ||
or maintenance of the Alamo or to acquire a historical item | ||
appropriate to the Alamo. | ||
(e) 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. | ||
Sec. 442.105. GRANTS; DONATIONS. The commission may accept | ||
a grant or donation for any program or purpose of the Alamo. | ||
SECTION 3. Subtitle D, Title 4, Government Code, is amended | ||
by adding Chapter 450 to read as follows: | ||
CHAPTER 450. FINANCIAL ACCOUNTABILITY RELATED TO | ||
HISTORIC STATE REAL PROPERTIES | ||
Sec. 450.001. DEFINITION. In this chapter, "custodian of | ||
historic state real property" and "custodian" mean a private | ||
entity: | ||
(1) in whose care the state has placed historic real | ||
property of the state, including the Alamo and the French Embassy; | ||
and | ||
(2) on whom the state has imposed a duty, including | ||
duties imposed under an agreement under Section 442.103, to repair | ||
the property and to maintain the property in good order. | ||
Sec. 450.002. FINANCIAL ACCOUNTABILITY AND GENERAL | ||
TRANSPARENCY REPORT. Not later than December 1 of each year, a | ||
custodian of historic state real property 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 FINANCIAL ACCOUNTABILITY AND | ||
GENERAL TRANSPARENCY REPORT. (a) The financial accountability and | ||
general transparency report at a minimum must contain: | ||
(1) copies of all minutes, resolutions, and dissents | ||
from meetings of the governing board of the custodian and any | ||
committees created by the governing board, including a finance | ||
committee or committee created to oversee state property; | ||
(2) copies of each independent audit or review of the | ||
financial activities of the custodian, including: | ||
(A) financial activities related to the state | ||
property in the care of the custodian; and | ||
(B) any recommendation, management letter, or | ||
report of the governing board related to the audit or review; | ||
(3) copies of the annual operating budget for: | ||
(A) the custodian; and | ||
(B) the state property; | ||
(4) documents that identify all financial institution | ||
accounts held in the name of the custodian or in which funds from | ||
the state property and all other property of the custodian, | ||
including museums, and from general operations of the custodian are | ||
or have been held; | ||
(5) documents that identify all accounts into which | ||
income from operation of the state property, including income from | ||
gift shop and vending machine sales and donations, are deposited; | ||
(6) copies of all receipts, purchase orders, invoices, | ||
expense reports, or other documents that support, describe, or | ||
explain the documents required under Subdivisions (3) and (4); | ||
(7) copies of the annual general ledgers for the | ||
custodian, the state property, and all other property of the | ||
custodian; | ||
(8) documents that identify the donor, amount, and | ||
date of each cash or noncash donation of more than $2,500 made to | ||
the custodian, the state property, 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; | ||
(9) copies of documents that describe the money spent | ||
on inspections of the state property, including inspections by | ||
engineers, architects, planners, and consultants; | ||
(10) copies of all contracts and agreements between | ||
the custodian and any person relating to the operations, | ||
management, maintenance, and preservation of the state property and | ||
all other property of the custodian; | ||
(11) copies of all correspondence, including | ||
electronic correspondence, between the custodian and the Texas | ||
Historical Commission; | ||
(12) 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 state property; | ||
(13) copies of all documents relating to any repair | ||
made to the state property 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; and | ||
(14) copies of all contracts by and between the | ||
custodian and professional fund-raisers, public relations | ||
companies, and marketing companies. | ||
(b) The information required under Subsection (a)(1) does | ||
not include: | ||
(1) the minutes, resolutions, and dissents from any | ||
chapter or subsidiary of the custodian; or | ||
(2) information that has been included in a previous | ||
financial accountability and general transparency report, provided | ||
the information is still accurate. | ||
SECTION 4. Section 2203.003, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) The Daughters of the Confederacy, Texas Division, and | ||
the Daughters of the Republic of Texas each may charge admission to | ||
state property over which each organization has custody or | ||
control[ |
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(e) Unless the Daughters of the Republic of Texas has | ||
entered into an agreement with this state under Section 442.103, | ||
the organization may not exercise any custody or control over the | ||
Alamo, its grounds, or its contents and may not have an | ||
organizational presence at the Alamo or on its grounds. | ||
SECTION 5. The following are repealed: | ||
(1) Article 6394, Revised Civil Statutes of 1911; and | ||
(2) Chapter 7, Acts of the 29th Legislature, Regular | ||
Session, 1905. | ||
SECTION 6. (a) On August 1, 2012, the following are | ||
transferred to the Texas Historical Commission: | ||
(1) all powers and duties of the Daughters of the | ||
Republic of Texas relating to the Alamo; | ||
(2) all unobligated and unexpended funds granted to | ||
the Daughters of the Republic of Texas and designated for the | ||
administration of the Alamo; | ||
(3) all equipment and property acquired with state | ||
money by the Daughters of the Republic of Texas and used for the | ||
administration of or related to the Alamo; and | ||
(4) all files and other records of the Daughters of the | ||
Republic of Texas kept by the organization regarding the Alamo. | ||
(b) The Daughters of the Republic of Texas may agree with | ||
the Texas Historical Commission to transfer any property of the | ||
Daughters of the Republic of Texas to the Texas Historical | ||
Commission before August 1, 2012, to implement the transfer | ||
required by this Act. | ||
(c) Notwithstanding any other law, the Daughters of the | ||
Republic of Texas shall continue to perform functions and | ||
activities related to the Alamo and granted by Chapter 7, Acts of | ||
the 29th Legislature, Regular Session, 1905, until August 1, 2012, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2011. |