By Oliveira H.B. No. 706
Substitute the following for H.B. No. 706:
By Oliveira C.S.H.B. No. 706
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of special accounts within the
1-3 general revenue fund and the allocation of certain revenue from the
1-4 limited sales, excise, and use tax act to the Parks and Wildlife
1-5 Department.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter C, Chapter 11, Parks and Wildlife
1-8 Code, is amended to read as follows:
1-9 SUBCHAPTER C. SPECIAL ACCOUNTS <FUNDS>
1-10 Sec. 11.031. GAME, FISH, AND WATER SAFETY ACCOUNT <FUND>.
1-11 There is in the state treasury an account <a special fund> called
1-12 the "game, fish, and water safety account <fund>."
1-13 Sec. 11.032. GAME, FISH, AND WATER SAFETY ACCOUNT; <FUND>
1-14 SOURCES. (a) The game, fish, and water safety account is a
1-15 separate account in the general revenue fund.
1-16 (b) The department shall deposit to the credit of the game,
1-17 fish, and water safety account <fund> all revenue, less allowable
1-18 costs, from the following sources:
1-19 (1) all types of fishing licenses and stamps and
1-20 shrimping licenses;
1-21 (2) all types of hunting licenses and stamps;
1-22 (3) trapping licenses and other licenses relating to
1-23 the taking, propagation, and sale of fur-bearing animals or their
1-24 pelts;
2-1 (4) sale of marl, sand, gravel, shell, and mudshell;
2-2 (5) oyster bed rentals and permits;
2-3 (6) federal funds received for fish and wildlife
2-4 research, management, development and conservation, resource
2-5 protection, and law enforcement <research and development of
2-6 commercial fisheries and state funds appropriated for this
2-7 purpose>;
2-8 (7) sale of property, less advertising costs,
2-9 purchased from this account <fund> or a special fund or account
2-10 that is now part of this account <fund>;
2-11 (8) fines and penalties collected for violations of a
2-12 law pertaining to the protection and conservation of wild birds,
2-13 wild fowl, wild animals, fish, shrimp, oysters, game birds and
2-14 animals, fur-bearing animals, alligators, and any other wildlife
2-15 resources of this state;
2-16 (9) sale of rough fish by the department;
2-17 (10) fees for importation permits;
2-18 (11) fees from supplying fish for or placing fish in
2-19 water located on private property;
2-20 (12) sale of seized pelts;
2-21 (13) sale of lease of grazing rights to and the
2-22 products from game preserves, sanctuaries, and management areas;
2-23 (14) contracts for the removal of fur-bearing animals
2-24 and reptiles from wildlife management areas;
2-25 (15) motorboat registration fees;
2-26 (16) motorboat manufacturer or dealer registration
2-27 fee;
3-1 (17) fines or penalties imposed by a court for
3-2 violation of water safety laws contained in Chapter 31 of this
3-3 code;
3-4 (18) alligator hunter's or alligator buyer's licenses;
3-5 (19) sale of alligators or any part of an alligator by
3-6 the department;
3-7 (20) fees and revenue collected under Section
3-8 11.027(b) or (c) of this code that are associated with the
3-9 conservation of fish and wildlife; and
3-10 (21) any other source provided by law.
3-11 Sec. 11.033. USE OF GAME, FISH, AND WATER SAFETY ACCOUNT
3-12 <FUND>. Money in the <The> game, fish, and water safety account
3-13 <fund> may be used for the following purposes <only>:
3-14 (1) enforcement of fish, shrimp, and oyster laws, game
3-15 laws, and laws pertaining to sand, shell, and gravel;
3-16 (2) dissemination of information pertaining to marine
3-17 life, wild animal life, wildlife values, and wildlife management;
3-18 (3) scientific investigation and survey of marine life
3-19 for the better protection and conservation of marine life;
3-20 (4) establishment and maintenance of fish hatcheries,
3-21 fish sanctuaries, tidal water fish passes, wildlife management
3-22 areas, and public hunting grounds;
3-23 (5) propagation and distribution of marine life, game
3-24 animals, and wildlife birds;
3-25 (6) protection of wild birds, fish, and game;
3-26 (7) purchase, repair, and operation of boats and
3-27 dredges;
4-1 (8) research, management, and protection of the fish
4-2 and wildlife resources of this state, including alligators and
4-3 fur-bearing animals;
4-4 (9) salaries of employees and other expenses necessary
4-5 to carry out the duties of the department under laws relating to
4-6 fish, shrimp, oysters, game, water safety, and sand, shell, and
4-7 gravel;
4-8 (10) expansion and development of additional
4-9 opportunities of hunting and fishing in state-owned land and
4-10 water;
4-11 (11) removing rough fish from public water;
4-12 (12) construction and maintenance of artificial reefs
4-13 under Section 12.016 of this <the> code;
4-14 (13) administration and enforcement of the water
4-15 safety laws as set out in Chapter 31 of this code;
4-16 (14) purchasing all necessary forms and supplies,
4-17 including reimbursement of the department for any material produced
4-18 by its existing facilities or work performed by other divisions of
4-19 the department;
4-20 (15) purchase, construction, and maintenance of boat
4-21 ramps on or near public waters as provided in Chapter 31 of this
4-22 code;
4-23 (16) resource protection activities; and
4-24 (17) any other use provided by law.
4-25 Sec. 11.034. GAME, FISH, AND WATER SAFETY ACCOUNT <FUND>
4-26 EXPENDITURES. All expenditures of the department from the game,
4-27 fish, and water safety account <fund> must be approved by the
5-1 director. The comptroller shall draw a warrant on the state
5-2 treasury from the game, fish, and water safety account <fund> for
5-3 the amount of the expenditure in favor of the person claiming the
5-4 expenditure.
5-5 Sec. 11.035. STATE PARKS ACCOUNT <FUND>. (a) The state
5-6 parks account is a separate account in the general revenue fund.
5-7 <There is in the state treasury a special fund called the "state
5-8 parks fund.">
5-9 (b) The department shall deposit to the credit of the state
5-10 parks account <fund> all revenue, less allowable costs, received
5-11 from the following sources;
5-12 (1) grants or operation of concessions in state parks
5-13 or fishing piers;
5-14 (2) publications on state parks, state historic sites,
5-15 or state scientific areas;
5-16 (3) fines or penalties received from violations of
5-17 regulation governing parks issued pursuant to Subchapter B, Chapter
5-18 13, of this code;
5-19 (4) fees and revenue collected under Section 11.027(b)
5-20 or (c) of this code that are associated with state park lands;
5-21 <and>
5-22 (5) $1,125,000 per month and 40 percent of the amount
5-23 above $27,000,000 per year of credits made to the Texas Parks and
5-24 Wildlife Department under Section 151.801, Tax Code; and
5-25 (6) any other source provided by law.
5-26 Sec. 11.037. STATE LAND AND WATER CONSERVATION ACCOUNT
5-27 <FUND>. (a) The <There is in the state treasury a special fund
6-1 called the"> state land and water conservation account is a
6-2 separate account in the general revenue fund. <">
6-3 (b) The department shall deposit in the state land and water
6-4 conservation account <fund> all revenue received from the federal
6-5 government or any other source for the purpose of administering
6-6 programs authorized under Sections 13.301 through 13.311 of this
6-7 code.
6-8 (c) The state land and water conservation account <fund> may
6-9 be used for paying the cost of planning, acquisition, operation,
6-10 and development of outdoor recreation and conservation resources of
6-11 the state and the administrative expenses incident to the projects
6-12 or programs authorized under Section 13.301 through 13.311 of this
6-13 code.
6-14 Sec. 11.038. OPERATING ACCOUNT <FUND>. (a) The <There is a
6-15 fund in the state treasury called the"> parks and wildlife
6-16 operating account is a separate account in the general revenue
6-17 fund.<">
6-18 (b) The commission may transfer any funds appropriated to
6-19 the department for personal services, travel, consumable supplies
6-20 and materials, current operating expenses, and capital outlay, as
6-21 these terms are used in the comptroller's object classification
6-22 codes of the general appropriations act. All expenditures by the
6-23 department from this account <fund> shall be made only for the
6-24 purposes for which appropriations are made in the general
6-25 appropriations act.
6-26 (c) The parks and wildlife operating account <fund> shall be
6-27 used for the purposes specified by law and nothing may be done by
7-1 any officer or employee of the department or commission to divert
7-2 or jeopardize the account <fund> or any portion of the account
7-3 <fund>, including any federal aid the department receives or
7-4 administers.
7-5 Sec. 11.040. MISTAKEN DEPOSIT. (a) Any funds deposited in
7-6 the state treasury by the department by mistake of fact or mistake
7-7 of law shall be refunded by warrant issued against the fund and
7-8 credited against the account in the state treasury into which the
7-9 money was deposited. Refunds necessary to make the proper
7-10 correction shall be appropriated by the general appropriations act.
7-11 (b) The comptroller may require written evidence from the
7-12 director of the department to indicate the reason for the mistake
7-13 of fact or law before issuing the refund warrant authorized in
7-14 Subsection (a) of this section.
7-15 (c) This section does not apply to any funds that have been
7-16 deposited under a written contract or to any funds on deposit as of
7-17 June 8, 1971, which are the subject of litigation in any of the
7-18 courts of this state or the United States.
7-19 Sec. 11.041. TRANSFER OF PROPERTY. (a) The commission may
7-20 transfer tangible property, other than money or real estate held
7-21 for limited purposes, from one division of the department to
7-22 another division.
7-23 (b) If the property to be transferred was acquired with
7-24 funds the use of which is limited by law or dedicated in any other
7-25 manner, and the prospective use of the property is different from
7-26 the use allowed by law, the department shall transfer from
7-27 available funds to the fund or account from which the property was
8-1 acquired the value of the property at the time of the transfer.
8-2 Sec. 11.042. FUNDS DEPOSITED IN TREASURY. All money paid to
8-3 the department under this code or allocated to the Texas parks and
8-4 wildlife department under Section 151.801, Tax Code, other than
8-5 money received under Subchapter C, Chapter 12, or Chapter 21 of
8-6 this code, shall be deposited in the State Treasury and may be used
8-7 only for the administration of this code.
8-8 Sec. 11.043. TEXAS PARKS AND WILDLIFE CAPITAL ACCOUNT. (a)
8-9 The Texas parks and wildlife capital account is a separate account
8-10 in the general revenue fund.
8-11 (b) The account consists of the amount of credits made to
8-12 the Texas parks and wildlife department under Section 151.801, Tax
8-13 Code after allocations to the State Parks Account and the Texas
8-14 Recreation and Parks Account or any other source authorized by law.
8-15 (c) Money in the account may be spent only for acquisition
8-16 and development of parks, fisheries and wildlife projects which
8-17 have been individually approved by the Parks and Wildlife
8-18 Commission. Projects which directly provide hunting, fishing, or
8-19 outdoor recreation opportunity to the public shall be given
8-20 preference for funding under this section. Approved projects may
8-21 include:
8-22 (1) acquiring land or facilities for use in any
8-23 department program;
8-24 (2) developing and improving any land or facility
8-25 owned or controlled by the department;
8-26 (3) servicing the debt on Texas park development bonds
8-27 issued under Article III, Section 49-e, of the Texas Constitution
9-1 or any bonds issued in the future for parks, fisheries or wildlife
9-2 projects; and
9-3 (4) local park grants in Chapter 24 of this code.
9-4 (d) The treasurer may invest money in the account.
9-5 Sec. 11.044. DISPOSITION OF INTEREST ON INVESTMENTS. (a)
9-6 Interest received from the investment of money in all accounts of
9-7 the Texas parks and wildlife department in charge of the treasurer
9-8 shall be allocated monthly to each account in an amount
9-9 proportionate to the amount of money invested from the account.
9-10 (b) The treasurer may retain from the interest to be
9-11 allocated monthly an amount equal to the necessary administrative
9-12 costs of making the allocations.
9-13 Sec. 11.045. APPLICATION OF OTHER LAW. Section 403.095,
9-14 Government Code, does not apply to revenues accruing to an account
9-15 established under this chapter.
9-16 SECTION 2. The title to Subchapter D., Chapter 11, Parks and
9-17 Wildlife Code, is amended to read as follows:
9-18 SUBCHAPTER D. SPECIAL NONGAME AND ENDANGERED SPECIES
9-19 CONSERVATION ACCOUNT <FUND>
9-20 SECTION 3. Section 11.052, Parks and Wildlife Code, is
9-21 amended to read as follows:
9-22 Sec. 11.052. SPECIAL NONGAME AND ENDANGERED SPECIES
9-23 CONSERVATION ACCOUNT <FUND>. The <There is in the state treasury a
9-24 special fund call the">special nongame and endangered species
9-25 conservation account is a separate account in the general revenue
9-26 fund.<">
9-27 SECTION 4. Section 11.053, Parks and Wildlife Code, is
10-1 amended to read as follows:
10-2 Sec. 11.053. SOURCES OF ACCOUNT <FUND>. (a) The department
10-3 shall deposit to the credit of the special nongame and endangered
10-4 species conservation account <fund> all money received from:
10-5 (1) private contributions, grants, and donations made
10-6 to the special nongame and endangered species conservation account
10-7 <fund>;
10-8 (2) the net proceeds from the sale under this chapter
10-9 of wildlife art prints, decals, and stamps;
10-10 (3) interest income from the investment of money
10-11 collected under this section; and
10-12 (4) income from entrance fees, easements, mineral
10-13 leases, grazing leases, and sale of products from lands purchased
10-14 with funds from the special nongame and endangered species
10-15 conservation account <fund>.
10-16 (b) The department may accept private contributions, grants,
10-17 and donations made to the special nongame, and endangered species
10-18 conservation account <fund>.
10-19 SECTION 5. Section 11.054, Parks and Wildlife Code, is
10-20 amended to read as follows:
10-21 Sec. 11.054. USES OF ACCOUNT <FUND>. Money in the <(a) The>
10-22 special nongame and endangered species conservation account <fund>
10-23 may be used <only> for the following purposes:
10-24 (1) dissemination of information pertaining to nongame
10-25 and endangered species conservation, management, and values;
10-26 (2) scientific investigation and survey of nongame and
10-27 endangered species for better protection and conservation;
11-1 (3) propagation, distribution, protection, and
11-2 restoration of nongame and endangered species;
11-3 (4) research and management of nongame and endangered
11-4 species;
11-5 (5) development of habitats for nongame and endangered
11-6 species;
11-7 (6) acquisition of habitats for nongame and endangered
11-8 species; and
11-9 (7) matching of funds available to the department
11-10 under federal programs for projects and activities authorized under
11-11 this section.
11-12 (b) Appropriations from the special nongame and endangered
11-13 species conservation account <fund> are supplemental, and other
11-14 accounts <funds> may be appropriated for the purposes for which the
11-15 fund was established.
11-16 SECTION 6. Subchapter E, Chapter 11, Parks and Wildlife
11-17 Code, is amended to read as follows:
11-18 SUBCHAPTER E. LIFETIME LICENSE ENDOWMENT ACCOUNT <FUND>
11-19 Sec. 11.061. LIFETIME LICENSE ENDOWMENT ACCOUNT <FUND> The
11-20 <There is within the State Treasury a special fund called the>
11-21 lifetime license endowment account is a separate account in the
11-22 general revenue fund.
11-23 Sec. 11.062. SOURCES OF ACCOUNT <FUND>. (a) The department
11-24 shall deposit to the credit of the lifetime license endowment
11-25 account <fund> all money received from:
11-26 (1) lifetime hunting, fishing, or combination
11-27 licenses;
12-1 (2) private contributions, grants, and donations made
12-2 for purposes of this subchapter;
12-3 (3) interest income from the investment of money
12-4 collected under this section; and
12-5 (4) any other source provided by law.
12-6 (b) The department may accept private contributions, grants,
12-7 and donations made to the lifetime license endowment account
12-8 <fund>.
12-9 Sec. 11.063. USES OF ACCOUNT <FUND>. <(a)> Interest earned
12-10 on the lifetime license endowment account <fund> may be used only
12-11 to:
12-12 (1) acquire public hunting and fishing areas; and
12-13 (2) develop, manage, and repair public hunting and
12-14 fishing areas.
12-15 Sec. 11.064. RESTRICTIONS. No expenditures shall be made
12-16 from the principal of the lifetime license endowment account <fund>
12-17 except as provided by law.
12-18 Sec. 11.065. INVESTMENTS. The commission shall adopt rules
12-19 for the investment of the lifetime license endowment account
12-20 <fund>.
12-21 SECTION 7. Section 11.072(c), Parks and Wildlife Code, is
12-22 amended to read as follows:
12-23 (c) Reasonable attorney's fees shall also be recoverable,
12-24 with reimbursement to the operating fund or account from which the
12-25 expenditure occurred.
12-26 SECTION 8. Section 11.073, Parks and Wildlife Code, is
12-27 amended to read as follows:
13-1 Sec. 11.073. DISPOSITION OF CIVIL PENALTIES. All civil
13-2 penalties recovered in suits under this subchapter shall be paid to
13-3 the appropriate fund or account of the department.
13-4 SECTION 9. Section 12.006(d), Parks and Wildlife Code, is
13-5 amended to read as follows:
13-6 (d) Money received under this section shall be deposited in
13-7 the State Treasury to the credit of the fund or account from which
13-8 expenses for the publication were paid.
13-9 SECTION 10. Section 12.008(d), Parks and Wildlife Code, is
13-10 amended to read as follows:
13-11 (d) All money derived from a sale or lease under this
13-12 section shall be deposited in the state treasury to the credit of
13-13 the game, fish, and water safety account <fund>.
13-14 SECTION 11. Section 12.109(b), Parks and Wildlife Code, is
13-15 amended to read as follows:
13-16 (b) The confiscated aquatic life shall be sold to the
13-17 highest of three bidders. The proceeds of the sale shall be
13-18 deposited in the state treasury to the credit of suspense account
13-19 <fund> No. 900 pending the outcome of the action taken against the
13-20 person charged with illegal possession.
13-21 SECTION 12. Section 12.1106(f), Parks and Wildlife Code, is
13-22 amended to read as follows:
13-23 (f) The department shall deposit money received under this
13-24 section in the state treasury to the credit of the game, fish, and
13-25 water safety account <fund>.
13-26 SECTION 13. Section 12.307, Parks and Wildlife Code, is
13-27 amended to read as follows:
14-1 Sec. 12.307. DISPOSITION OF RECOVERY. (a) Any damages for
14-2 injury to fish, shellfish, reptiles, amphibians, birds, or animals
14-3 recovered in a suit brought by the attorney general shall be
14-4 deposited to the credit of the game, fish, and water safety account
14-5 <fund>.
14-6 (b) Fifty percent of any damages for injury to fish,
14-7 shellfish, reptiles, amphibians, birds, or animals recovered in a
14-8 suit brought by a county attorney shall be deposited in the general
14-9 fund of the county. The remainder shall be deposited to the credit
14-10 of the game, fish, and water safety account <fund>.
14-11 SECTION 14. Section 12.507(e), Parks and Wildlife Code, is
14-12 amended to read as follows:
14-13 (e) Civil penalties received by the department under this
14-14 section shall be deposited to the credit of the game, fish, and
14-15 water safety account <fund>.
14-16 SECTION 15. Section 13.004(a), Parks and Wildlife Code, is
14-17 amended to read as follows:
14-18 (a) The operation, maintenance, and improvement of state
14-19 parks shall be financed from the general revenue fund, the state
14-20 parks account <fund>, other accounts <funds> that may be authorized
14-21 by law, and donations, grants, and gifts received by the department
14-22 for these purposes.
14-23 SECTION 16. Section 13.0061(d), Parks and Wildlife Code, is
14-24 amended to read as follows:
14-25 (d) All revenue derived from a lease or from the sale of
14-26 livestock or crops under this section shall be deposited in the
14-27 state treasury to the credit of the state parks account <fund>.
15-1 SECTION 17. Section 13.015(c), Parks and Wildlife Code, is
15-2 amended to read as follows:
15-3 (c) The department shall deposit any revenue received from
15-4 the contracts, user fees, or operations authorized by this section
15-5 in the state treasury to the credit of the state parks account
15-6 <fund>.
15-7 SECTION 18. Section 13.017(d), Parks and Wildlife Code, is
15-8 amended to read as follows:
15-9 (d) Money received under this section shall be deposited in
15-10 the State Treasury to the credit of the account <fund> from which
15-11 expenses for the publication were paid.
15-12 SECTION 19. Section 13.310(c), Parks and Wildlife Code, is
15-13 amended to read as follows:
15-14 (c) The department shall deposit all funds received for the
15-15 development of outdoor recreation resources in the state treasury
15-16 to the credit of the state land and water conservation account
15-17 <fund>.
15-18 SECTION 20. Section 21.108, Parks and Wildlife Code, is
15-19 amended to read as follows:
15-20 Sec. 21.108. INTEREST AND SINKING FUND: FINAL TRANSFER.
15-21 After all bonds have been paid, the balance of the interest and
15-22 sinking fund shall be transferred to the state parks account
15-23 <fund>.
15-24 SECTION 21. Section 22.059, Parks and Wildlife Code, is
15-25 amended to read follows:
15-26 Sec. 22.059. DISPOSITION OF FUNDS. Money received from the
15-27 sale of timber or iron ore from the land in the park shall be
16-1 placed in the state treasury to the credit of the state parks
16-2 account <fund>.
16-3 SECTION 22. Section 22.076, Parks and Wildlife Code, is
16-4 amended to read as follows:
16-5 Sec. 22.076. DISPOSITION OF FUNDS. Money received from the
16-6 sale of timber cut from the park shall be placed in the state
16-7 treasury to the credit of the state parks account <fund>.
16-8 SECTION 23. Section 22.095, Parks and Wildlife Code, is
16-9 amended to read as follows:
16-10 Sec. 22.095. DISPOSITION OF FUNDS. Money received from the
16-11 sale of timber cut from the park shall be placed in the state
16-12 treasury to the credit of the state parks account <fund>.
16-13 SECTION 24. Section 22.182(a), Parks and Wildlife Code, is
16-14 amended to read as follows:
16-15 (a) Except as provided in Subsection (b) of this section,
16-16 the department may operate any part of the Texas State Railroad as
16-17 a part of the state parks system for park and recreational
16-18 purposes. All revenues collected from leases or concessions shall
16-19 be deposited in the state treasury to the credit of the state parks
16-20 account <fund>.
16-21 SECTION 25. Section 22.184(d), Parks and Wildlife Code, is
16-22 amended to read as follows:
16-23 (d) All revenue received under this section shall be
16-24 deposited in the state treasury to the credit of the state parks
16-25 account <fund>.
16-26 SECTION 26. Section 22.222(c), Parks and Wildlife Code, is
16-27 amended to read as follows:
17-1 (c) The department shall acquire the land with money from
17-2 the Texas Park Development Fund, or any fund or account created to
17-3 finance the acquisition of state parks.
17-4 SECTION 27. Section 23.014(b), Parks and Wildlife Code, is
17-5 amended to read as follows:
17-6 (b) Unless reversion is waived by the legislature during the
17-7 biennium following the happening of a condition of reversion, all
17-8 state-owned land conveyed to the United States for the creation of
17-9 the Padre Island national Seashore reverts to the state and to the
17-10 fund or account to which it belonged before conveyance if:
17-11 (1) the United States fails to acquire two-thirds of
17-12 all privately owned land in the area described by Section 1,
17-13 Chapter 38, Acts of the 58th legislature, 1963, within 10 years
17-14 after the date that the state-owned land was acquired; or
17-15 (2) the United States fails to use as a national
17-16 seashore the privately owned land it has acquired.
17-17 SECTION 28. Section 24.001(8), Parks and Wildlife Code, is
17-18 amended to read as follows:
17-19 (8) "Account" <"Fund"> means the Texas <local parks,>
17-20 recreation<, and open space> and parks account <fund>.
17-21 SECTION 29. Section 24.002, Parks and Wildlife Code, is
17-22 amended to read as follows:
17-23 Sec. 24.002, TEXAS RECREATION AND PARKS ACCOUNT <FUND
17-24 ESTABLISHED>. The Texas <local parks,> recreation<, and open
17-25 space> and Parks account <fund> is a separate account <established>
17-26 in the general revenue fund <state treasury>.
17-27 SECTION 30. Section 24.003, Parks and Wildlife Code, is
18-1 amended to read as follows:
18-2 Sec. 24.003. ACCOUNT REVENUE SOURCE. The department shall
18-3 deposit to the credit of the Texas Recreation and Parks Account;
18-4 (a) $1,125,000 per month and 40 percent of the amount above
18-5 $27,000,000 per year of credits made to the Texas Parks and
18-6 Wildlife Department under Section 151.801, Tax Code; or
18-7 (b) any other source authorized by law. <USE OF FUND. (a)
18-8 Appropriations from the fund may be used only for assistance grants
18-9 under Section 24.004 of this code, direct grants under Section
18-10 24.005 of this code, and the uses permitted under Section 24.006 of
18-11 this code.>
18-12 <(b) The department is authorized to spend up to 20 percent
18-13 of the amount of the fund appropriated each fiscal year if adequate
18-14 federal funds are not available for assistance grants, matching
18-15 grants, and direct expenditures for use in rural areas in this
18-16 state.>
18-17 SECTION 31. Section 24.004(a), Parks and Wildlife Code, is
18-18 amended to read as follows:
18-19 (a) The department may make grants of money from the account
18-20 <fund> to a political subdivision for use by the political
18-21 subdivision as all or part of the subdivision's required share of
18-22 funds for eligibility for receiving a federal rehabilitation and
18-23 recovery grant.
18-24 SECTION 32. Section 24.005, Parks and Wildlife Code, is
18-25 amended to read as follows:
18-26 Sec. 24.005. DIRECT STATE MATCHING GRANTS. (a) The
18-27 department shall <may> make grants of money from the account <fund>
19-1 to a political subdivision to provide one-half of the costs of the
19-2 planning, acquisition, or development of a park, recreational area,
19-3 or open space area to be owned and operated by the political
19-4 subdivision.
19-5 (b) In establishing the program of grants under this
19-6 section, the department shall adopt <those allocation formulas,
19-7 conditions for fund uses, and other procedural requirements, to the
19-8 extent not inconsistent with this chapter, as are provided for the
19-9 land and water conservation fund established by Section 4601 4,
19-10 Title 16, United States Code, and the> rules and regulations for
19-11 grant assistance <made from that fund>.
19-12 (c) Money granted to a political subdivision under this
19-13 section may not be used for the operation and maintenance of parks,
19-14 recreational areas, and open space areas.
19-15 SECTION 33. Section 24.006, Parks and Wildlife Code, is
19-16 amended to read as follows:
19-17 Sec. 24.006. When revenues to the Texas Recreation and Parks
19-18 Account exceed $14 million per year, an amount not to exceed 15%
19-19 shall be made available for grants to local governments for up to
19-20 50 percent of the cost of acquisition/development of indoor public
19-21 recreation facilities for indoor recreation programs, sports
19-22 activities, nature programs or exhibits.
19-23 <ACQUISITION AND DEVELOPMENT OF STATE PARKS.>
19-24 <The department may acquire and develop a state park, recreational
19-25 area, open space area, or natural area with money appropriated from
19-26 the >þLaccount ää<fund>.
19-27 SECTION 34. Section 24.007, Parks and Wildlife Code, is
20-1 amended to read as follows:
20-2 Sec. 24.007, ACCOUNT <FUND> USE TO BE CONSISTENT WITH PLANS.
20-3 No grant may be made under Section 24.005 of this code nor may
20-4 account <fund> money be used under Section 24.006 of this code
20-5 unless:
20-6 (1) there is a present or future need for the
20-7 acquisition and development of the property for which the grant is
20-8 requested or the use is proposed; and
20-9 <(2) the acquisition and development is consistent with
20-10 the local parks, recreation, and open space plan and the Texas
20-11 outdoor recreation plan; and>
20-12 (2) <(3)> a written statement is obtained from the
20-13 regional planning commission having jurisdiction of the area in
20-14 which the property is to be acquired and developed that the
20-15 acquisition and development is consistent with <the local parks,
20-16 recreational, and open space plan most closely reflecting> local
20-17 needs.
20-18 SECTION 35. Sections 24.008(e) and (f), Parks and Wildlife
20-19 Code, are amended to read as follows:
20-20 (e) If land or water designated for park, recreational, or
20-21 open space use is included in the local and regional park,
20-22 recreational, and open space plans for two or more contiguous
20-23 jurisdictions <and that land or water is also included in the Texas
20-24 outdoor recreation plan,> the two or more jurisdictions may
20-25 cooperate under state law to secure assistance from the account
20-26 <fund> to acquire to develop the property. In those cases, the
20-27 department must be assured that a cooperative management plan for
21-1 the land or water can be developed and effectuated.
21-2 (f) All land or water purchased with assistance from the
21-3 account <fund> shall be dedicated for park, recreational, indoor
21-4 recreation center and open space purposes in perpetuity and may not
21-5 be used for any other purpose, except where the use is compatible
21-6 with park, recreational, and open space objectives, and the use is
21-7 approved in advance by the department.
21-8 SECTION 36. Section 24.009(a), Parks and Wildlife Code, is
21-9 amended to read as follows:
21-10 (a) On the approval of a grant under this chapter and on the
21-11 written request by the director, the comptroller of public accounts
21-12 shall issue a warrant drawn against the Texas recreation and parks
21-13 account <fund> and payable to the political subdivision in the
21-14 amount specified by the director.
21-15 SECTION 37. Section 24.010, Parks and Wildlife Code, is
21-16 amended to read as follows:
21-17 Sec. 24.010. ANNUAL REPORT. (a) The commission shall
21-18 report to the governor and legislature on August 31 of each year,
21-19 or as soon as practicable, but not later than October 1 of each
21-20 year, showing the condition of the account <fund>. The report must
21-21 contain:
21-22 (1) a statement of the amount of money deposited to
21-23 the credit of the account <fund> for the year;
21-24 (2) a statement of the amount of money disbursed by
21-25 the department for department projects and for qualified political
21-26 subdivision projects for the year;
21-27 (3) a listing of political subdivisions that applied
22-1 for matching assistance from the account <fund>, to include
22-2 information for each political subdivision that shows the amount of
22-3 money applied for, the scope of the proposed acquisition or
22-4 development project, and the priority assigned the application
22-5 during department review.
22-6 (4) a listing of political subdivisions and state
22-7 parks which have received money from the account <fund>, to include
22-8 information for each political subdivision and state park that
22-9 shows the amount of money, number of parks, recreational areas,
22-10 indoor recreation centers and open space areas, and number of acres
22-11 acquired or developed by park, recreational, indoor recreation
22-12 center, or open space area and summed for each political
22-13 subdivision for the year;
22-14 (5) a listing of political subdivisions which have
22-15 received grant funding <park, recreational, and open space
22-16 operation and maintenance money> from the account <fund>, to
22-17 include information for each subdivision which shows the amount of
22-18 money allocated, amount of money spent, and general statements on
22-19 how the political subdivision used the money <for maintenance>;
22-20 (6) a statement of the amount of money annually
22-21 deposited to the credit of the account <fund> that was not
22-22 disbursed during the year and the reason for nondisbursement; and
22-23 (7) a statement of any significant problems
22-24 encountered in administering the account <fund>, with
22-25 recommendations for this solution.
22-26 (b) The annual report on the account <fund> may be included
22-27 as a portion of the department's annual report to the governor.
23-1 SECTION 38. Section 24.012, Parks and Wildlife Code, is
23-2 amended to read as follows:
23-3 Sec. 24.012. ACCOUNT <FUND> NOT TO BE USED FOR PUBLICITY.
23-4 No money credited to the account <fund> may be used for publicity
23-5 or related purposes.
23-6 SECTION 39. Section 31.128(b), Parks and Wildlife Code, is
23-7 amended to read as follows:
23-8 (b) In justice court cases, the amount to be remitted to the
23-9 game, fish, and water safety account <fund> shall be 85 percent of
23-10 the fine. In county court cases the amount to be remitted to the
23-11 game, fish, and water safety account <fund> shall be 80 percent of
23-12 the fine. All costs of the court shall be retained by the court
23-13 having jurisdiction of the offense and deposited as other fees in
23-14 the proper county fund.
23-15 SECTION 40. Section 31.141(b), Parks and Wildlife Code, is
23-16 amended to read as follows:
23-17 (b) On the completion of the work, the department shall
23-18 prepare and send vouchers to the comptroller of public accounts
23-19 payable to the department or to any person, firm, or corporation
23-20 for reimbursement for the work, and the comptroller shall issue
23-21 warrants on the game, fish, and water safety account <special boat
23-22 fund> to reimburse the department or any person, firm, or
23-23 corporation for the work performed.
23-24 SECTION 41. Section 31.142, Parks and Wildlife Code, is
23-25 amended to read as follows:
23-26 Sec. 31.142. BUOYS AND MARKERS. The department may provide
23-27 for a standardized buoy-marking program for the inland water of the
24-1 state. The department may purchase and provide the controlling
24-2 agency of the water bodies with buoys and markers <from funds
24-3 remaining in the special boat fund in excess of the cost of
24-4 administering this chapter>.
24-5 SECTION 42. Section 43.112(f), Parks and Wildlife Code, is
24-6 amended to read as follows:
24-7 (f) The department shall deposit money received under this
24-8 section in the state treasury to the credit of the game, fish, and
24-9 water safety account <fund> for the enforcement of fish, shrimp,
24-10 and oyster laws, game laws, and laws pertaining to sand, shell, and
24-11 gravel.
24-12 SECTION 43. Section 62.014(e), Parks and Wildlife Code, is
24-13 amended to read as follows:
24-14 (e) The commission may maximize the utilization of volunteer
24-15 instructors to minimize the costs of the course and is authorized
24-16 to charge a fee not to exceed $15 to defray administrative costs.
24-17 Fees collected under this subsection, less any instructor expenses
24-18 approved by the department, shall be deposited to the credit of the
24-19 game, fish, and water safety account <fund>.
24-20 SECTION 44. Section 62.065, Parks and Wildlife Code, is
24-21 amended to read as follows:
24-22 Sec. 62.065. DISPOSITION OF FUNDS. Revenue received under
24-23 this subchapter shall be deposited in the state treasury to the
24-24 credit of the state parks account <fund>.
24-25 SECTION 45. Section 68.018, Parks and Wildlife Code, is
24-26 amended to read as follows:
24-27 Sec. 68.018. DISPOSITION OF FUNDS; APPROPRIATIONS. All
25-1 revenue received under this chapter shall be deposited in the state
25-2 treasury to the credit of the special nongame and endangered
25-3 species conservation account <fund>.
25-4 SECTION 46. Section 76.019(c), Parks and Wildlife Code, is
25-5 amended to read as follows:
25-6 (c) The department shall deposit fees and penalties
25-7 collected under this section to the credit of the general revenue
25-8 fund to be allocated each quarter as follows:
25-9 (1) 50 percent to the Texas Department of Health to
25-10 contract with an institute of higher education for oyster-related
25-11 research and other activities, including the:
25-12 (A) study of organisms in oysters that are
25-13 harmful to consumers of oysters;
25-14 (B) education of the public on health issues
25-15 relating to oyster consumption;
25-16 (C) sanitary handling of oysters at the
25-17 wholesale, retail, and consumer level; and
25-18 (D) optional additional marking of the
25-19 boundaries of areas declared closed by the commissioner; and
25-20 (2) 50 percent to the credit of the game, fish, and
25-21 water safety account <fund> for:
25-22 (A) research into control of oyster diseases and
25-23 predators;
25-24 (B) research into reef enhancement in, and
25-25 increased oyster production from, Texas water;
25-26 (C) studies of the potential of leasing the
25-27 bottom in unapproved areas for enhanced oyster production;
26-1 (D) other oyster-related research approved by
26-2 the department; and
26-3 (E) enhanced enforcement of this chapter.
26-4 SECTION 47. Section 77.027, Parks and Wildlife Code, is
26-5 amended to read as follows:
26-6 Sec. 77.027. CONFISCATION AND DISPOSAL OF SHRIMP. When an
26-7 enforcement officer of the department believes that a person has
26-8 unlawful possession of any shrimp taken in violation of this
26-9 chapter, all shrimp aboard any vessel involved or in the trawl,
26-10 whether in storage, on deck, and whether alive or dead, whole or
26-11 headed, frozen or fresh, shall be deemed to have been taken in
26-12 violation of the chapter and shall be confiscated by the arresting
26-13 officer. The cargo of shrimp shall be sold to the highest of three
26-14 bidders by the officer. The proceeds of the sale shall be
26-15 deposited in the state treasury to the credit of suspense account
26-16 <fund> number 900, pending the outcome of the action taken against
26-17 the person charged with the illegal possession. Unless the person
26-18 is found guilty, all the proceeds shall be paid to the defendant.
26-19 SECTION 48. Section 81.104, Parks and Wildlife Code, is
26-20 amended to read as follows:
26-21 Sec. 81.104. CONDEMNATION SUITS. Condemnation suits under
26-22 this subchapter shall be brought in the name of the State of Texas
26-23 by the attorney general at the request of the department and shall
26-24 be held in Travis County. All costs in the proceedings shall be
26-25 paid by the state or by the person against whom the proceedings are
26-26 had, to be determined as in the case of railroad condemnation
26-27 proceedings. All damages and pay or compensation for property
27-1 awarded in the proceedings shall be paid by the comptroller against
27-2 any fund or account in state treasury that is limited in use for
27-3 fish or wildlife purposes and that is appropriated to the
27-4 department.
27-5 SECTION 49. Section 82.202, Parks and Wildlife Code, is
27-6 amended to read as follows:
27-7 Sec. 82.202. ACCEPTANCE OF GIFTS. The department may accept
27-8 gifts of land in Culberson and Hudspeth counties or money to be
27-9 deposited in the game, fish, and water safety account <fund>. The
27-10 gifts shall be used for the Texas Bighorn Sheep management unit.
27-11 SECTION 50. Section 82.203, Parks and Wildlife Code, is
27-12 amended to read as follows:
27-13 Sec. 82.203. LAND PURCHASE; SCHOOL LANDS. The department
27-14 may purchase the surface rights in not more than eight sections of
27-15 public school lands located in Culberson and Hudspeth counties in
27-16 the following blocks: Blocks 65 and 66, T. & P. Ry. Co. land;
27-17 Blocks 42 1/2, 43, 54 1/2, Public School Lands. The minerals on
27-18 the land purchased shall be reserved to the school fund and managed
27-19 by the school land board. The price to be paid for the land shall
27-20 not exceed $1 per acre and shall be paid for by the department out
27-21 of the game, fish, and water safety account <fund>.
27-22 SECTION 51. Section 82.204, Parks and Wildlife Code, is
27-23 amended to read as follows:
27-24 Sec. 82.204. OTHER LAND; TITLE APPROVAL. The department may
27-25 purchase other land in Culberson and Hudspeth counties as necessary
27-26 for the operation of the game management unit. The department may
27-27 pay for the land out of the game, fish, and water safety account
28-1 <fund> on approval of the title by the attorney general.
28-2 SECTION 52. Section 82.206, Parks and Wildlife Code, is
28-3 amended to read as follows:
28-4 Sec. 82.206. CONDEMNATION. The method of condemnation,
28-5 assessment, and payment of damages is the same as is provided by
28-6 law for railroads. Condemnation suits brought under this
28-7 subchapter shall be brought in the name of the State of Texas by
28-8 the attorney general at the request of the department. All costs
28-9 in the proceedings shall be paid by the state or by the person
28-10 against whom the proceedings are had, to be determined as in the
28-11 case of railroad proceedings. All damages and pay or compensation
28-12 for property awarded in the proceedings shall be paid by the state
28-13 by warrant drawn on the game, fish, and water safety account
28-14 <fund>.
28-15 SECTION 53. Section 82.207, Parks and Wildlife Code, is
28-16 amended to read as follows:
28-17 Sec. 82.207. EXPENDITURES. All expenditures provided under
28-18 this subchapter shall be made from the game, fish, and water safety
28-19 account <fund>.
28-20 SECTION 54. Section 82.603, Parks and Wildlife Code, is
28-21 amended to read as follows:
28-22 Sec. 82.603. CONDEMNATION; MANNER AND MEANS. The method of
28-23 condemnation, assessment, and payment of damages is the same as is
28-24 provided for railroads. Condemnation suits brought under this
28-25 subchapter shall be brought in the name of the State of Texas by
28-26 the attorney general at the request of the department. All costs
28-27 in the proceedings shall be paid by the state or by the person
29-1 against whom the proceedings are had, to be determined as in the
29-2 case of railroad condemnation proceedings. All damages and pay or
29-3 compensation for property awarded in the proceedings shall be paid
29-4 by the state by warrant drawn by the comptroller against any
29-5 account <fund> in the state treasury appropriated to the department
29-6 for the use of constructing and maintaining fish hatcheries.
29-7 SECTION 55. Section 82.651(c), Parks and Wildlife Code, is
29-8 amended to read as follows:
29-9 (c) The cost of the construction and maintenance of a
29-10 channel constructed under this section may be paid from the game,
29-11 fish, and water safety account <special game and fish fund> only.
29-12 SECTION 56. Section 83.002(b), Parks and Wildlife Code, is
29-13 amended to read as follows:
29-14 (b) Funds received from the federal government and
29-15 appropriated by the state for research and development of
29-16 commercial fisheries shall be deposited in the state treasury to
29-17 the credit of the <special> game, <and> fish, and water safety
29-18 account <fund>.
29-19 SECTION 57. Section 86.016, Parks and Wildlife Code, is
29-20 amended to read as follows:
29-21 Sec. 86.016. DEPOSIT OF FUNDS. The proceeds from the sale
29-22 of marl, sand, gravel, shell, and mudshell shall be deposited in
29-23 the special game, <and> fish, and water safety account <fund>.
29-24 SECTION 58. Section 89.002(b), Parks and Wildlife Code, is
29-25 amended to read as follows:
29-26 (b) In carrying out the duties under Subsection (a) of this
29-27 section, the department shall:
30-1 (1) plan and review permit applications for artificial
30-2 reefs;
30-3 (2) coordinate with relevant state and federal
30-4 agencies;
30-5 (3) hold public hearings on proposed artificial reefs;
30-6 (4) oversee maintenance and placement requirements of
30-7 artificial reefs; and
30-8 (5) develop rules and guidelines, in conjunction with
30-9 the advisory committee, in the collection of fees, grants, and
30-10 donations to the artificial reef account <fund>.
30-11 SECTION 59. Section 89.022, Parks and Wildlife Code, is
30-12 amended to read as follows:
30-13 Sec. 89.022. REQUIRED PROVISIONS. The state artificial reef
30-14 plan must include:
30-15 (1) operational guidelines for the plan, including
30-16 specific participant roles, and projected funding requirements for
30-17 the plan:
30-18 (2) geographic, hydrographic, geological, biological,
30-19 ecological, social, economic, and other criteria for permitting and
30-20 siting artificial reefs;
30-21 (3) design, materials, and other criteria for
30-22 establishing, constructing, and maintaining artificial reefs;
30-23 (4) mechanisms and methodologies for monitoring
30-24 artificial reefs in compliance with the requirements of permits
30-25 issued under the National Fishing Enhancement Act;
30-26 (5) mechanisms and methodologies for managing the use
30-27 of artificial reefs;
31-1 (6) a map that depicts priority areas for artificial
31-2 reef development consistent with the chapter and the National
31-3 Fishing Enhancement Act; and
31-4 (7) provisions for managing the artificial reef
31-5 account <fund> in a manner that will assure successful
31-6 implementation of the plan.
31-7 SECTION 60. Subchapter C, Chapter 89, Parks and Wildlife
31-8 Code, is amended to read as follows:
31-9 SUBCHAPTER C. ARTIFICIAL REEF ACCOUNT <FUND>
31-10 Sec. 89.041. ARTIFICIAL REEF ACCOUNT <FUND>. (a) The
31-11 artificial reef account <fund> is a separate account in the general
31-12 revenue fund <created in the State Treasury>.
31-13 (b) The account <fund> is composed of all funds received
31-14 under Section 89.043 of the code <by the state>, including interest
31-15 and earnings <on the funds, under this chapter>.
31-16 (c) No state general revenue funds shall be expended in the
31-17 development or implementation of this plan.
31-18 Sec. 89.042. DEDICATION. The funds received under Section
31-19 89.043 of this code are <artificial reef fund is> dedicated to the
31-20 department for the purpose of carrying out this chapter, including
31-21 siting, designing, constructing, monitoring, and otherwise managing
31-22 an artificial reef or artificial reef system.
31-23 Sec. 89.043. GRANTS, DONATIONS, AND OTHER ASSISTANCE. The
31-24 department may accept grants, donations of money or materials, and
31-25 other forms of assistance from private and public sources.
31-26 SECTION 61. Section 26.124(b), Water Code, is amended to
31-27 read as follows:
32-1 (b) Whenever it appears that a violation or a threat of
32-2 violation of any provision of Section 26.121 of this code or any
32-3 rule, permit, or order of the commission has occurred or is
32-4 occurring that affects aquatic life or wildlife, the Parks and
32-5 Wildlife Department, in the same manner as the commission in
32-6 Section 26.123 of this code, may have a suit instituted in a
32-7 district court for injunctive relief or civil penalties or both, as
32-8 authorized in Section 26.123(a) of this code, against the person
32-9 who committed or is committing or is threatening to commit the
32-10 violation. The suit shall be brought in the name of the State of
32-11 Texas by the attorney general or by the county attorney or the
32-12 district attorney, as appropriate, of the county in which venue for
32-13 the suit is proper. The suit may be brought in the county where
32-14 the defendant resides or in the county where the violation or
32-15 threat of violation occurs. In a suit brought under this section
32-16 for a violation that is a proximate cause of injury to aquatic life
32-17 or wildlife normally taken for commercial or sport purposes or to
32-18 species on which this life is directly dependent for food, the
32-19 Parks and Wildlife Department is entitled to recover damages for
32-20 the injury. In determining damages, the court may consider the
32-21 valuation of the injured resources established in rules adopted by
32-22 the Parks and Wildlife Commission under Subchapter D, Chapter 12,
32-23 Parks and Wildlife Code, or the replacement cost of the injured
32-24 resources. Any recovery of damages for injury to aquatic life or
32-25 wildlife shall be deposited to the credit of the game, fish, and
32-26 water safety account <fund> under Section 11.032, Parks and
32-27 Wildlife Code, and the Parks and Wildlife Department shall use
33-1 funds recovered under this section to replenish or enhance the
33-2 injured resources <in the geographic area in which the injury
33-3 occurs>. The actual cost of investigation, reasonable attorney's
33-4 fees, and reasonable expert witness fees may also be recovered, and
33-5 those recovered amounts shall be credited to the same operating
33-6 accounts <funds> from which expenditures occurred. This section
33-7 does not limit recovery for damages available under other law.
33-8 SECTION 62. Section 34.018, Natural Resources Code, is
33-9 amended to read as follows:
33-10 Sec. 34.018. DEPOSIT OF RECEIPTS. Amounts received under
33-11 the provisions of this chapter shall be deposited in the State
33-12 Treasury to the credit of the appropriate special account <fund>,
33-13 with the exception that all money received under the provisions of
33-14 this chapter enuring to the benefit of the Parks and Wildlife
33-15 Department from land held by the department for game and fish
33-16 conservation, protection, and management purposes shall be
33-17 deposited in the State Treasury to the credit of the game, fish,
33-18 and water safety account <special game and fish fund>, and all
33-19 money received under the provisions of this chapter enuring to the
33-20 benefit of the Parks and Wildlife Department from park, recreation,
33-21 and historic land shall be deposited in the State Treasury to the
33-22 credit of the state parks account <fund>.
33-23 SECTION 63. Section 61.166(b), Natural Resources Code, is
33-24 amended to read as follows:
33-25 (b) The filing fee shall be deposited in the state treasury
33-26 in the game, fish, and water safety account <Land and Water
33-27 Recreation and Safety Fund 63>, and the department may pay from
34-1 this account <fund> the expenses of carrying out the provisions of
34-2 this subchapter.
34-3 SECTION 64. Section 404.060, Government Code, is amended to
34-4 read as follows:
34-5 Sec. 404.060. PRIORITY OF WARRANTS. Warrants on the treasury
34-6 shall be on an equal basis with each other, except that if a
34-7 question arises concerning the priority of payment of the warrants
34-8 and necessity requires, they shall be paid in order of their serial
34-9 number within each account <fund>.
34-10 This section does not apply to:
34-11 (1) warrants drawn on the game, fish, and water safety
34-12 account <fund> or on funds collected for and appropriated to the
34-13 Texas <State> Department of <Highways and Public> Transportation;
34-14 (2) a special fund created or provided for in the
34-15 constitution; or
34-16 (3) a special fund or account consisting of taxes set
34-17 aside and remitted or donated by the legislature to a county or
34-18 municipality.
34-19 SECTION 65. Section 151.801, Tax Code, is amended to read as
34-20 follows:
34-21 Sec. 151.801, DISPOSITION OF PROCEEDS. (a) Except for the
34-22 amounts <amount> allocated under Subsections <Subsection> (b) and
34-23 (c) <of this section>, all proceeds from the collection of the
34-24 taxes imposed by this chapter shall be deposited to the credit of
34-25 the general revenue fund.
34-26 (b) the amount of the proceeds from the collection of the
34-27 taxes imposed by this chapter on the sale, storage, or use of
35-1 lubricating and motor oils used to propel motor vehicles over the
35-2 public roadways shall be deposited to the credit of the state
35-3 highway fund.
35-4 (c) The proceeds from the collection of the taxes imposed by
35-5 this chapter on the sale, storage, or use of sporting goods shall
35-6 be deposited as follows:
35-7 (1) for the period beginning September 1, 1993 and
35-8 ending August 31, 1995, an amount equal to 50 cents per 1,000
35-9 cigarettes shall be deposited to the credit of the General Revenue
35-10 Fund, State Parks Account, and an amount equal to 50 cents per
35-11 1,000 cigarettes shall be deposited to the credit of the General
35-12 Revenue Fund, Texas Recreation and Parks Account, and the balance
35-13 shall be retained in the General Revenue Fund.
35-14 (2) beginning September 1, 1995, the taxes collected
35-15 shall be credited to the Texas Parks and Wildlife Department and
35-16 deposited as specified in the parks and wildlife code. The
35-17 comptroller shall not credit in excess of $32,000,000 in sporting
35-18 goods tax revenue annually to the Texas Parks and Wildlife
35-19 Department.
35-20 (d) The comptroller shall certify the amount to be deposited
35-21 to the highway fund under Subsection (b) <of this section> to the
35-22 treasurer according to <on the basis of> available statistical data
35-23 indicating the estimated average or actual consumption or sales of
35-24 lubricants used to propel motor vehicles over the public roadways.
35-25 The comptroller shall certify the amounts to be deposited to the
35-26 funds or accounts under Subsection (c) to the treasurer according
35-27 to available statistical data indicating the estimated or actual
36-1 total receipts in this state from taxable sales of sporting goods.
36-2 If satisfactory data are not available, the comptroller may require
36-3 taxpayers who make taxable sales or uses of those lubricants or of
36-4 sporting goods to report to the comptroller as necessary to make
36-5 the allocation required by Subsection (b) or (c) <of this section>.
36-6 (e) <(d)> In this section:
36-7 (1) "Motor<, "motor> vehicle" means a trailer, a
36-8 semitrailer, or a self-propelled vehicle in or by which a person or
36-9 property can be transported upon a public highway. "Motor vehicle"
36-10 does not include a device moved only by human power or used
36-11 exclusively on stationary rails or tracks, a farm machine, a farm
36-12 trailer, a road-building machine, or a self-propelled vehicle used
36-13 exclusively to move farm machinery, farm trailers, or road-building
36-14 machinery.
36-15 (2) "Sporting Goods" means an item of tangible
36-16 personal property designed and sold for use in a sport or sporting
36-17 activity, excluding apparel and footwear except that which is
36-18 suitable only for use in a sport or sporting activity, and
36-19 excluding board games, electronic games and similar devices,
36-20 aircraft and powered vehicles, and replacement parts and
36-21 accessories for any excluded item.
36-22 SECTION 66. Section 154.603(b), Tax Code, is amended to read
36-23 as follows:
36-24 (b) the revenue remaining after the deductions for the
36-25 purposes provided by Section 154.602 of this code and allocation
36-26 under Subsection (a) of this section is allocated<:>
36-27 <(1) 50 cents per 1,000 cigarettes to the state parks
37-1 fund;>
37-2 <(2) 50 cents per 1,000 cigarettes to the local parks,
37-3 recreation and open space fund; and>
37-4 <(3) the remainder> to the general revenue fund.
37-5 SECTION 67. Section 160.121(c), Tax Code, is amended to read
37-6 as follows:
37-7 (c) Five percent of the taxes collected by the department
37-8 under this chapter shall be deposited to the credit of the game,
37-9 fish, and water safety account <fund> and used by the department
37-10 for the administration of this chapter.
37-11 SECTION 68. Section 154.603(c) and (d), Tax Code and Title
37-12 2, Chapter 11, Section 11.0122, Texas Parks and Wildlife Code, is
37-13 repealed.
37-14 SECTION 69. Accounts authorized within the Parks and
37-15 Wildlife Code shall not be included under Section 403.095,
37-16 Government Code. All dedications of revenue made within the Parks
37-17 and Wildlife Code, or by any other statute to the Parks and
37-18 Wildlife Department shall continue in full force and effect and
37-19 none of these revenues may be used for any other purpose.
37-20 SECTION 70. If the Texas Parks and Wildlife Department plans
37-21 to close a facility that directly serves the public a local hearing
37-22 shall be held in the county where the facility is located to seek
37-23 input of all interested persons. The state representative and the
37-24 state senator in whose district a facility slated for closure is
37-25 located shall be notified of the time and location thirty days
37-26 before the local hearing is to be held.
37-27 SECTION 71. This Act takes effect September 1, 1993.
38-1 SECTION 72. The importance of this legislation and the
38-2 crowded condition of the calendars in both houses create an
38-3 emergency and an imperative public necessity that the
38-4 constitutional rule requiring bills to be read on three several
38-5 days in each house be suspended, and this rule is hereby suspended.