H.B. No. 3726

	AN ACT
	relating to the preservation and maintenance of the Alamo by the
	General Land Office.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 31, Natural Resources
	Code, is amended by adding Section 31.0515 to read as follows:
	Sec. 31.0515.  DUTIES RELATED TO THE ALAMO COMPLEX. The land
	office shall:
	(1)  employ staff necessary to preserve and maintain
	the Alamo complex and contract for professional services of
	qualified consultants; and
	(2)  prepare an annual budget and work plan, including
	preservation, future construction, and usual maintenance for the
	Alamo complex, including buildings on the Alamo property, their
	contents, and their grounds.
	SECTION 2.  Chapter 31, Natural Resources Code, is amended
	by adding Subchapter I to read as follows:
	SUBCHAPTER I. THE ALAMO COMPLEX
	Sec. 31.451.  PRESERVATION AND MAINTENANCE OF ALAMO. (a)
	The Alamo complex is under the jurisdiction of the land office. The
	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
	land office.
	(c)  Notwithstanding any other law, the land office is not
	required to comply with state purchasing law in carrying out its
	duties under this subchapter.
	(d)  The 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 land office may contract with the organization for the
	performance of any activity.
	Sec. 31.452.  ASSISTANCE FROM STATE PRESERVATION BOARD. The
	land office may consult with the State Preservation Board in the
	performance of duties under this subchapter. On request of the land
	office, the State Preservation Board shall assist the land office
	with the land office's duties relating to the Alamo complex.
	Sec. 31.453.  AGREEMENT WITH DAUGHTERS OF THE REPUBLIC OF
	TEXAS. (a) The 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 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 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 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. 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 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 of the Alamo complex,
	including funds raised or services provided by a volunteer or
	volunteer group to promote the work of the land office. All
	proceeds under this subsection shall be deposited to the credit of
	the account.
	(d)  Appropriations to the land office for the preservation,
	operation, or maintenance of the Alamo complex shall be deposited
	to the credit of the account.
	(e)  The land office may use money in the account only to
	administer this subchapter, including to support the preservation,
	repair, renovation, improvement, expansion, 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. 31.455.  ALAMO PRESERVATION ADVISORY BOARD. (a) The
	land office may establish an Alamo Preservation Advisory Board to
	provide advice, proposals, and recommendations to:
	(1)  promote and support the Alamo complex;
	(2)  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;
	(3)  inspire virtues of honor and Texas pride;
	(4)  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;
	(5)  promote and provide 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
	(6)  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 commissioner or the commissioner's designee,
	who serves as the presiding officer of the advisory board;
	(2)  a designee appointed by the governor;
	(3)  the president general of the Daughters of the
	Republic of Texas;
	(4)  the current Alamo chairperson of the Daughters of
	the Republic of Texas;
	(5)  the immediate past Alamo chairperson of the
	Daughters of the Republic of Texas;
	(6)  the Alamo curator;
	(7)  one representative of the Texas Historical
	Commission;
	(8)  the president of the Bexar County Historical
	Commission; and
	(9)  one representative who serves as a member of the
	City of San Antonio Office of Historic Preservation.
	(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 3.  Section 2203.003(a), Government Code, is amended
	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.
	[This subsection does not apply to the Alamo.]
	SECTION 4.  The following are repealed:
	(1)  Article 6394, Revised Civil Statutes of 1911; and
	(2)  Chapter 7, General Laws, Acts of the 29th
	Legislature, Regular Session, 1905.
	SECTION 5.  (a)  If the General Land Office and the
	Daughters of the Republic of Texas have not entered into the
	agreement required by Section 31.453, Natural Resources Code, as
	added by this Act, before January 1, 2012, on that date the
	following are transferred to the land office:
	(1)  all powers and duties of the Daughters of the
	Republic of Texas relating to the Alamo complex;
	(2)  all unobligated and unexpended funds granted to
	the Daughters of the Republic of Texas and designated for the
	benefit of the Alamo complex;
	(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 complex; and
	(4)  all files and other records of the Daughters of the
	Republic of Texas kept by the organization regarding the Alamo
	complex.
	(b)  The Daughters of the Republic of Texas may agree with
	the General Land Office to transfer any property of the Daughters of
	the Republic of Texas to the General Land Office before January 1,
	2012, to implement the transfer required by this Act.
	(c)  Notwithstanding any other law, unless otherwise
	provided pursuant to a contract entered into under Section 31.453,
	Natural Resources Code, as added by this Act, the Daughters of the
	Republic of Texas shall continue to perform functions and
	activities related to the Alamo and granted by Chapter 7, General
	Laws, Acts of the 29th Legislature, Regular Session, 1905, until
	January 1, 2012, and the former law is continued in effect for that
	purpose.
	SECTION 6.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3726 was passed by the House on April
	21, 2011, by the following vote:  Yeas 148, Nays 0, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 3726 on May 19, 2011, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 3726 on May 29, 2011, by the following vote:  Yeas 144,
	Nays 3, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3726 was passed by the Senate, with
	amendments, on May 17, 2011, by the following vote:  Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	3726 on May 29, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor