SB 3059

relating to the preservation, maintenance, restoration, and
protection of the Alamo complex and surrounding area by the Alamo
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle D, Title 4, Government Code, is amended
by adding Chapter 443A, and a heading is added to that chapter to
SECTION 2.  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 3.  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
(2)  this state wants to honor the individuals whose
(3)  the entire history of the Alamo, from the time the
Alamo was established as a mission until the present, should be
(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 4.  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"
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
SECTION 5.  Chapter 443A, Government Code, as added by this
Act, is amended by adding Subchapter B to read as follows:
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:
(3)  the speaker of the house of representatives;
(4)  a member of the senate, appointed by the
(5)  a member of the house of representatives,
appointed by the speaker of the house of representatives.
(b)  A board 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
(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
Sec. 443A.055.  EXECUTIVE DIRECTOR; COMMISSION PERSONNEL.
(1)  employ an executive director and other personnel
necessary for the performance of commission functions; and
(2)  contract for professional services of qualified
(b)  An executive director employed by the commission  shall
perform the duties required by this chapter and any duty delegated
(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) or 443A.102 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
SECTION 6.  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 7.  Sections 31.451 and 31.453, Natural Resources
Code, are transferred to Subchapter C, Chapter 443A, Government
Code, as added by this Act, redesignated as Sections 443A.101 and
443A.102, Government Code, respectively, and amended to read as
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
(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.
Sec. 443A.102  [31.453].  AGREEMENT WITH DAUGHTERS OF THE
REPUBLIC OF TEXAS.  (a)  The commission may [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
(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
[(2)  outline the management and operation of the Alamo
[(3)  establish management standards;
[(4)  provide for oversight by the land office;
[(5)  address funding and payment for costs;
[(7)  establish insurance requirements;
[(8)  address compliance with local, state, and federal
[(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
[(12)  address ownership by this state of the Alamo
[(13)  include a dispute resolution process;
[(14)  provide that the laws of this state govern the
[(15)  include notice requirements.
[(c)]  The commission [land office] may enter into the
agreement described [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.
(c) [(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 any [the] agreement entered into under
SECTION 8.  Subchapter C, Chapter 443A, Government Code, as
added by this Act, is amended by adding Sections 443A.103 and
Sec. 443A.103.  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
Sec. 443A.104.  ANNUAL BUDGET AND WORK PLAN.  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.
SECTION 9.  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 10.  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
(1)  transfers made to the account;
(2)  fees and other revenue from operation of the Alamo
(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
(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
(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 11.  Subchapter D, Chapter 443A, Government Code, as
added by this Act, is amended by adding Section 443A.152 to read as
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 12.  The following provisions are repealed:
(1)  Section 31.0515, Natural Resources Code;
(2)  the heading to Subchapter I, Chapter 31, Natural
(3)  Section 31.452, Natural Resources Code;
(4)  Section 31.455, Natural Resources Code; and
(5)  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 13.  (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
(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 14.  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 15.  (a) In this section, "commission" means the
Alamo Commission established by Chapter 443A, Government Code, as
(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
(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)
(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
(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 16.  (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
(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
SECTION 17.  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
SECTION 18.  This Act takes effect September 1, 2027.