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

89(R) SB 3059 - Enrolled version - Bill Text

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 letter, shall designate

an appropriate place in the Alamo complex for the secure display of

the victory or death letter.

Sec.

443A.104.

JURISDICTION OVER CERTAIN ARTIFACTS. Except

as provided by Sections 441.198 and 443A.103, the commission has

jurisdiction over an artifact or item of historical interest

associated with the Alamo.

Sec.

443A.105.

AGREEMENT FOR SECURITY OPERATIONS. The

commission shall enter into an agreement with the Department of

Public Safety for the department to provide security operations for

the Alamo complex.

Sec.

443A.106.

ANNUAL BUDGET AND WORK PLAN. (a)

The

commission shall prepare an annual budget and work plan for the

Alamo complex and the buildings in the complex, their contents, and

their grounds. The plan must address preservation, usual

maintenance, and any necessary construction for the complex.

(b)

The commission may satisfy the requirements of this

section by overseeing the preparation of an annual budget and work

plan described by Subsection (a) by a qualifying nonprofit

organization with which the commission contracts under Section

443A.101(d).

SECTION 10. Chapter 443A, Government Code, as added by this

Act, is amended by adding Subchapter D, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER D.

ALAMO COMPLEX FUND;

AUDIT

SECTION 11. Section 31.454, Natural Resources Code, is

transferred to Subchapter D, Chapter 443A, Government Code, as

added by this Act, redesignated as Section 443A.151, Government

Code, and amended to read as follows:

Sec.
443A.151
[
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 of the

Alamo complex, including funds raised or services provided by a

volunteer or volunteer group to promote the
commission's duties

under this chapter
[
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 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
chapter
[
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
].

SECTION 12. Subchapter D, Chapter 443A, Government Code, as

added by this Act, is amended by adding Section 443A.152 to read as

follows:

Sec.

443A.152.

ANNUAL AUDIT. The commission shall have an

annual audit conducted by an independent auditor of any

expenditures of public money for purposes of this chapter by a

nonprofit organization with which the commission contracts under

Section 443A.101(d).

SECTION 13. 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
Alamo Commission

[
General Land Office
] as follows:

(1) 75 percent of the money shall be used for the

preservation 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 14. The following provisions are repealed:

(1) Section 441.198(c), Government Code;

(2) Section 31.0515, Natural Resources Code;

(3) the heading to Subchapter I, Chapter 31, Natural

Resources Code;

(4) Section 31.452, Natural Resources Code;

(5) Section 31.453, Natural Resources Code;

(6) Section 31.455, Natural Resources Code; and

(7) Section 1, Chapter 984 (S.B. 2612), Acts of the

88th Legislature, Regular Session, 2023, which amended former

Article 2.12, Code of Criminal Procedure.

SECTION 15. (a) As soon as practicable after the effective

date of this Act, the state auditor shall conduct an audit of any

expenditures of public money by the General Land Office with

respect to the Alamo complex and any expenditures of public money by

a nonprofit organization with which the General Land Office

contracted before the effective date of this Act under Section

31.451(d), Natural Resources Code, to ensure an accurate

understanding of those expenditures and to aid in the transfer of

authority relating to the Alamo complex to the Alamo Commission, as

established by this Act.

(b) Not later than January 1, 2028, the state auditor shall

prepare and submit to the Alamo Commission, as established by this

Act, a report on the findings of the audit conducted under

Subsection (a) of this section.

SECTION 16. 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.

SECTION 17. (a) In this section, "commission" means the

Alamo Commission established by Chapter 443A, Government Code, as

added by this Act.

(b) On September 1, 2027, or as soon as practicable after

that date, the General Land Office and the commission shall enter

into a memorandum of understanding relating to the transfer of

power and duties from the General Land Office to the commission as

provided by this Act. The memorandum of understanding must:

(1) include a comprehensive plan to ensure the orderly

transition of the preservation, maintenance, and restoration of the

Alamo complex to the commission; and

(2) provide for the completion of the transfer by

January 1, 2028.

(c) Not later than January 1, 2028, 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 commission as provided for in

the memorandum of understanding entered into under Subsection (b)

of this section.

(d) A rule, policy, procedure, or decision of the General

Land Office continues in effect as a rule, policy, procedure, or

decision of the commission, as appropriate, until superseded by an

act of the commission.

(e) Notwithstanding the transfer, redesignation, and repeal

of provisions of Subchapter I, Chapter 31, Natural Resources Code,

and Section 1, Chapter 984 (S.B. 2612), Acts of the 88th

Legislature, Regular Session, 2023, by this Act, the General Land

Office shall continue to perform duties and exercise powers under

those laws as they existed immediately before the effective date of

this Act until the date provided by the memorandum of understanding

entered into under Subsection (b) of this section.

SECTION 18. (a) The governor shall serve as the first

presiding officer of the Alamo Commission as provided by Section

443A.053, Government Code, as added by this Act, for a term ending

on January 31, 2029.

(b) The lieutenant governor shall serve as the second

presiding officer of the Alamo Commission as provided by Section

443A.053, Government Code, as added by this Act, for a term

beginning on February 1, 2029, and ending on January 31, 2031.

(c) The speaker of the house of representatives shall serve

as the third presiding officer of the Alamo Commission as provided

by Section 443A.053, Government Code, as added by this Act, for a

term beginning on February 1, 2031, and ending on January 31, 2033.

(d) On the effective date of this Act or as soon as

practicable after that date, the lieutenant governor and the

speaker of the house of representatives shall each appoint a

person, as required by Section 443A.052, Government Code, as added

by this Act, to the Alamo Commission to serve a term ending on

January 31, 2029.

SECTION 19. It is the intent of the 89th Legislature,

Regular Session, 2025, that the amendments made by this Act be

harmonized with another Act of the 89th Legislature, Regular

Session, 2025, relating to nonsubstantive additions to and

corrections in enacted codes.

SECTION 20. This Act takes effect September 1, 2027.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 3059 passed the Senate on

May 12, 2025, by the following vote: Yeas 28, Nays 2;

May 29, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 30, 2025, House

granted request of the Senate; May 31, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 29,

Nays 2.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 3059 passed the House, with

amendments, on May 27, 2025, by the following vote: Yeas 117,

Nays 21, two present not voting; May 30, 2025, House granted

request of the Senate for appointment of Conference Committee;

June 1, 2025, House adopted Conference Committee Report by the

following vote: Yeas 104, Nays 31, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor