SB3059 - Relating to the preservation, maintenance, restoration, and protection of the Alamo complex and surrounding area by the Alamo Commission.

      S.B. No. 3059         AN ACT   relating to the preservation, maintenance, restoration, and   protection of the Alamo complex and surrounding area by the Alamo   Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 441.198(a), Government Code, is amended   to read as follows:          (a)  The commission may negotiate an agreement with the   appropriate authorities in Mexico under which this state will trade   or lend to Mexico the flags of the Toluca Battalion, the Guerrero   Battalion, and the Matamoros Battalion captured at the Battle of   San Jacinto [ and Mexico will trade or lend to this state the flag of   the New Orleans Greys captured at the Battle of the Alamo ]. An   agreement under this section:                (1)  may not affect title to the flags;                (2)  may provide that this state will restore the San   Jacinto flags to a suitable condition [ and Mexico will restore the   Alamo flag to a suitable condition ] before the trade or loan of the   flags as long as such conditioning does not alter the authenticity   or integrity of the flags; and                (3)  is not valid if it is not approved by the governor   and by the appropriate authority for approval under the laws of   Mexico.          SECTION 2.  Subtitle D, Title 4, Government Code, is amended   by adding Chapter 443A, and a heading is added to that chapter to   read as follows:   CHAPTER 443A.   ALAMO COMMISSION          SECTION 3.  Chapter 443A, Government Code, as added by this   Act, is amended by adding Subchapter A, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER A.   GENERAL PROVISIONS          SECTION 4.  Section 31.450, Natural Resources Code, is   transferred to Subchapter A, Chapter 443A, Government Code, as   added by this Act, redesignated as Section 443A.002, Government   Code, and amended to read as follows:          Sec.  443A.002   [ 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 commission [ 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.          SECTION 5.  Subchapter A, Chapter 443A, Government Code, as   added by this Act, is amended by adding Sections 443A.001,   443A.003, and 443A.004 to read as follows:           Sec.   443A.001.     DEFINITION. In this chapter, "commission"   means the Alamo Commission.           Sec.   443A.003.     ADMINISTRATIVE ATTACHMENT; PROHIBITED USE   OF CERTAIN FUNDS.   (a)   The commission is administratively attached   to the State Preservation Board, and the State Preservation Board   shall provide administrative support to the commission.           (b)     The commission may not use money in the Texas state   buildings preservation endowment fund created as provided by   Section 443.0103 for purposes of this chapter.             Sec.   443A.004.     SUNSET REVIEW. (a)   The Alamo Commission is   subject to Chapter 325 (Texas Sunset Act). The commission shall be   reviewed during the period in which the State Preservation Board is   reviewed under Section 443.002.           (b)     Notwithstanding Subsection (a), the commission may not   be reviewed during the period the State Preservation Board is   reviewed before the board is scheduled to be abolished on September   1, 2029, under Section 443.002.   This subsection expires September   1, 2031.          SECTION 6.  Chapter 443A, Government Code, as added by this   Act, is amended by adding Subchapter B to read as follows:   SUBCHAPTER B.   ALAMO COMMISSION           Sec.   443A.051.     ALAMO COMMISSION. The Alamo Commission is   established for the preservation, maintenance, restoration, and   protection of the Alamo complex and its contents.             Sec.   443A.052.     COMPOSITION OF COMMISSION. (a)   The   commission is composed of five members, as follows:                 (1)  the governor;                 (2)  the lieutenant governor;                 (3)  the speaker of the house of representatives;                 (4)     a member of the senate, appointed by the   lieutenant governor; and                   (5)     a member of the house of representatives,   appointed by the speaker of the house of representatives.           (b)     A commission member appointed by the lieutenant   governor or speaker of the house of representatives serves for a   two-year term expiring on January 31 of each odd-numbered year.           Sec.   443A.053.     PRESIDING OFFICERS. (a)   The position of   presiding officer rotates among the governor, lieutenant governor,   and speaker of the house of representatives.   A term as presiding   officer is two years and expires on January 31 of each odd-numbered   year.           (b)     The commission members who are eligible to serve but are   not serving as the presiding officer under Subsection (a) shall   serve as joint assistant presiding officers for two-year terms   expiring on January 31 of each odd-numbered year.             Sec.   443A.054.     MEETINGS. The commission shall meet twice   each year and at the call of the presiding officer or joint   assistant presiding officers.           Sec.   443A.055.     EXECUTIVE DIRECTOR; COMMISSION PERSONNEL.     (a) The commission may:                 (1)     employ an executive director and other personnel   necessary for the performance of commission functions; and                   (2)     contract for professional services of qualified   consultants.           (b)     An executive director employed by the commission shall   perform the duties required by this chapter and any duty delegated   by the commission.           (c)     The commission may not employ an applicant for the   position of executive director unless two-thirds of the presiding   and joint assistant presiding officers vote in favor of employing   the applicant for the position.           Sec.   443A.056.     EMPLOYMENT OF LOBBYIST. The commission and   an organization described by Section 443A.101(d) may not use public   money to employ, as a regular full-time or part-time or contract   employee, a person who is required by Chapter 305 to register as a   lobbyist.          SECTION 7.  Chapter 443A, Government Code, as added by this   Act, is amended by adding Subchapter C, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER C.   POWERS AND DUTIES          SECTION 8.  Section 31.451, Natural Resources Code, is   transferred to Subchapter C, Chapter 443A, Government Code, as   added by this Act, redesignated as Section 443A.101, Government   Code, and amended to read as follows:          Sec.  443A.101   [ 31.451 ]. PRESERVATION AND MAINTENANCE OF   ALAMO. (a) The Alamo complex is under the jurisdiction of the   commission [ land office ]. The commission [ 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 [ land office ].          (c)  Notwithstanding any other law, the commission [ land   office ] is not required to comply with state purchasing law in   carrying out its duties under this subchapter.          (d)  The commission [ land office ] may participate in the   establishment of and partner with a qualifying nonprofit   organization the purposes of which include raising funds for or   providing services or other benefits for the preservation and   maintenance of the Alamo complex. The commission [ land office ] may   contract with the organization for the performance of any activity.          SECTION 9.  Subchapter C, Chapter 443A, Government Code, as   added by this Act, is amended by adding Sections 443A.102,   443A.103, 443A.104, 443A.105, and 443A.106 to read as follows:           Sec.   443A.102.     AGREEMENT WITH MEXICO; ALAMO BATTLE FLAG;   1813 TEXAS DECLARATION OF INDEPENDENCE.   (a)   In this section, "1813   Declaration of Independence" means the first Texas Declaration of   Independence dated April 6, 1813, and proclaiming Texas'   independence from Spain.           (b)     The commission may negotiate an agreement with the   appropriate authorities in Mexico under which Mexico will trade or   lend to this state the flag of the New Orleans Greys captured at the   Battle of the Alamo or the 1813 Declaration of Independence.   An   agreement under this section:                 (1)     may not affect title to the flag or the 1813   Declaration of Independence;                 (2)     may provide that Mexico will restore the flag or   the 1813 Declaration of Independence to a suitable condition before   the trade or loan, provided the conditioning does not alter the   authenticity or integrity of the flag or the 1813 Declaration of   Independence; and                 (3)     is not valid unless the agreement is approved by   the governor and by the appropriate authority for approval under   the laws of Mexico.           (c)     If an agreement to trade or lend the Alamo battle flag or   the 1813 Declaration of Independence under Subsection (b) does not   provide that Mexico will restore the flag or the 1813 Declaration of   Independence to a suitable condition before the trade or loan, the   commission may use only gifts or grants to restore the flag or the   1813 Declaration of Independence to a suitable condition after the   trade or loan.           (d)     The commission shall designate an appropriate place in   the Alamo complex for the secure display of the Alamo battle flag   and the 1813 Declaration of Independence.           Sec.   443A.103.     VICTORY OR DEATH LETTER. (a) In this   section, "victory or death letter" means the letter written by   Lieutenant Colonel William B. Travis dated February 24, 1836, and   signed "Victory or Death."           (b)     The commission, in consultation with the state agency   with jurisdiction over the victory or death le [Text truncated for display. Full text available on LegiScan.]