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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

House Bill 12

House Author:  Hilderbran et al.

Effective:  See below

Senate Sponsor:  Estes


            House Bill 12 amends the Government Code to continue the Texas Historical Commission until September 1, 2019.  In addition to including sunset and other provisions relating to the powers and duties of the commission, the bill provides that on or after January 1, 2008, certain historic sites and parks formerly under the jurisdiction of the Parks and Wildlife Department are under the commission's jurisdiction.  The bill creates the historic site account in the general revenue fund and amends the Tax Code to require that six percent of the proceeds from the sales tax on sporting goods be deposited into the account.  The bill requires the remaining 94 percent of the proceeds to be credited to the Parks and Wildlife Department and authorizes these percentages to be adjusted to reflect the transfer of historic sites under the bill.

            The bill amends provisions of the Parks and Wildlife Code relating to funding for local parks to authorize the Texas recreation and parks account to be used only for grants to a county or municipality with a population of less than 500,000 or any political subdivision that is not a county or municipality and requires the Parks and Wildlife Department to deposit 15 percent of the sporting goods sales tax proceeds credited to the department into the account.  The bill establishes the large county and municipality recreation and parks account to provide grants to a county or municipality with a population of 500,000 or more and requires the department to deposit 10 percent of the sporting goods sales tax proceeds it receives into the account.  The bill provides that when revenue in that account exceeds $14 million per year, at least 15 percent of the revenue must be made available for indoor public recreation grants to large counties and municipalities.  Other provisions address the department's powers and duties relating to state parks.  Not later than January 15 of each odd-numbered year, the department is required to submit to certain executive and legislative entities a management plan and priorities list relating to the maintenance of state park facilities.  The bill also requires the department to deposit 74 percent of the sporting goods sales tax proceeds it receives into the state parks account.

            The bill requires the Parks and Wildlife Commission to adopt rules not later than April 1, 2008, relating to certain nonindigenous snakes and makes it a Class C Parks and Wildlife Code misdemeanor, with certain exceptions, to possess or transport the snakes without a permit and a Class A Parks and Wildlife Code misdemeanor to release the snakes.  The commission also is  required to adopt rules not later than January 1, 2008, to implement certain requirements for commercial party boats on inland waters.  Additionally, the bill requires the Department of Public Safety, Texas Alcoholic Beverage Commission, Texas Department of Criminal Justice, and Parks and Wildlife Department each to adopt physical fitness standards for certain law enforcement officers and to issue a report that contains the standards and the rate of compliance not later than November 1, 2008.

            The bill establishes requirements for several other reports.  An interim study subcommittee of the House Committee on Culture, Recreation, and Tourism is required to review base operating plans for each historic site to be transferred under the bill and report to the full committee not later than September 1, 2008.  The committee is required to conduct a study relating to the regulation of nonindigenous snakes and report its findings not later than November 1, 2008.  The Parks and Wildlife Department is required to conduct a study of ways to improve its hunting and fishing license systems and report to certain executive and legislative entities not later than October 1, 2008.   The bill also establishes a joint legislative task force to study the use of the sales tax on sporting goods and submit findings and recommendations to the legislature not later than December 15, 2008.

            House Bill 12 takes effect June 15, 2007, except for provisions relating to the powers and duties of the Texas Historical Commission, standards for certain law enforcement officers, and the authority to release or unload fish, which take effect September 1, 2007.  Provisions relating to nonindigenous snake permits also take effect September 1, 2007, except that related offenses do not take effect until April 1, 2008.