GOVERNMENT CODE


TITLE 4. EXECUTIVE BRANCH


SUBTITLE D. HISTORY, CULTURE, AND EDUCATION


CHAPTER 443A. ALAMO COMMISSION


SUBCHAPTER A. GENERAL PROVISIONS



Text of section effective on September 01, 2027


Sec. 443A.001. DEFINITION. In this chapter, "commission" means the Alamo Commission.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 5, eff. September 1, 2027.


Text of section effective on September 01, 2027


Sec. 443A.002. 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 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.

Added by Acts 2015, 84th Leg., R.S., Ch. 1101 (H.B. 2968), Sec. 1, eff. September 1, 2015.

Transferred, redesignated and amended from Natural Resources Code, Section 31.450 by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 4, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 5, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 5, eff. September 1, 2027.

SUBCHAPTER B. ALAMO COMMISSION



Text of section effective on September 01, 2027


Sec. 443A.051. ALAMO COMMISSION. The Alamo Commission is established for the preservation, maintenance, restoration, and protection of the Alamo complex and its contents.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 6, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 6, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 6, eff. September 1, 2027.


Text of section effective on September 01, 2027


Sec. 443A.054. MEETINGS. The commission shall meet twice each year and at the call of the presiding officer or joint assistant presiding officers.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 6, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 6, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 6, eff. September 1, 2027.

SUBCHAPTER C. POWERS AND DUTIES



Text of section effective on September 01, 2027


Sec. 443A.101. PRESERVATION AND MAINTENANCE OF ALAMO. (a) The Alamo complex is under the jurisdiction of the commission. The commission 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.

(c) Notwithstanding any other law, the commission is not required to comply with state purchasing law in carrying out its duties under this subchapter.

(d) The commission 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 may contract with the organization for the performance of any activity.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1046 (H.B. 3726), Sec. 2, eff. September 1, 2011.

Transferred, redesignated and amended from Natural Resources Code, Section 31.451 by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 8, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 9, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 9, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 9, eff. September 1, 2027.


Text of section effective on September 01, 2027


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.

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 9, eff. September 1, 2027.


Text of section effective on September 01, 2027


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).

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 9, eff. September 1, 2027.

SUBCHAPTER D. ALAMO COMPLEX FUND; AUDIT



Text of section effective on September 01, 2027


Sec. 443A.151. 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 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. All proceeds under this subsection shall be deposited to the credit of the account.

(d) Appropriations to the commission for the preservation, operation, or maintenance of the Alamo complex shall be deposited to the credit of the account.

(e) The commission may use money in the account only to administer this chapter, 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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1046 (H.B. 3726), Sec. 2, eff. September 1, 2011.

Transferred, redesignated and amended from Natural Resources Code, Section 31.454 by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 11, eff. September 1, 2027.


Text of section effective on September 01, 2027


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).

Added by Acts 2025, 89th Leg., R.S., Ch. 1159 (S.B. 3059), Sec. 12, eff. September 1, 2027.