1-1  By:  Oliveira, et al. (Senate Sponsor - Montford)      H.B. No. 706
    1-2        (In the Senate - Received from the House May 14, 1993;
    1-3  May 19, 1993, read first time and referred to Committee on Finance;
    1-4  May 21, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; May 21, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner                                        x    
   1-11        Armbrister         x                               
   1-12        Barrientos                                    x    
   1-13        Bivins             x                               
   1-14        Ellis              x                               
   1-15        Haley              x                               
   1-16        Moncrief           x                               
   1-17        Parker             x                               
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 706                 By:  Montford
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the establishment of special accounts within the
   1-26  general revenue fund and the allocation of certain revenue from the
   1-27  Limited Sales, Excise, and Use Tax Act to the Parks and Wildlife
   1-28  Department.
   1-29        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-30        SECTION 1.  Subchapter C, Chapter 11, Parks and Wildlife
   1-31  Code, is amended to read as follows:
   1-32                SUBCHAPTER C.  SPECIAL ACCOUNTS <FUNDS>
   1-33        Sec. 11.031.  GAME, FISH, AND WATER SAFETY ACCOUNT <FUND>.
   1-34  There is in the state treasury an account <a special fund> called
   1-35  the "game, fish, and water safety account <fund>."
   1-36        Sec. 11.032.  GAME, FISH, AND WATER SAFETY ACCOUNT; <FUND:>
   1-37  SOURCES.  (a)  The game, fish, and water safety account is a
   1-38  separate account in the general revenue fund.
   1-39        (b)  The department shall deposit to the credit of the game,
   1-40  fish, and water safety account <fund> all revenue, less allowable
   1-41  costs, from the following sources:
   1-42              (1)  all types of fishing licenses and stamps and
   1-43  shrimping licenses;
   1-44              (2)  all types of hunting licenses and stamps;
   1-45              (3)  trapping licenses and other licenses relating to
   1-46  the taking, propagation, and sale of fur-bearing animals or their
   1-47  pelts;
   1-48              (4)  sale of marl, sand, gravel, shell, and mudshell;
   1-49              (5)  oyster bed rentals and permits;
   1-50              (6)  federal funds received for fish and wildlife
   1-51  research, management, development and conservation, resource
   1-52  protection, and law enforcement <research and development of
   1-53  commercial fisheries and state funds appropriated for this
   1-54  purpose>;
   1-55              (7)  sale of property, less advertising costs,
   1-56  purchased from this account <fund> or a special fund or account
   1-57  that is now part of this account <fund>;
   1-58              (8)  fines and penalties collected for violations of a
   1-59  law pertaining to the protection and conservation of wild birds,
   1-60  wild fowl, wild animals, fish, shrimp, oysters, game birds and
   1-61  animals, fur-bearing animals, alligators, and any other wildlife
   1-62  resources of this state;
   1-63              (9)  sale of rough fish by the department;
   1-64              (10)  fees for importation permits;
   1-65              (11)  fees from supplying fish for or placing fish in
   1-66  water located on private property;
   1-67              (12)  sale of seized pelts;
   1-68              (13)  sale or lease of grazing rights to and the
    2-1  products from game preserves, sanctuaries, and management areas;
    2-2              (14)  contracts for the removal of fur-bearing animals
    2-3  and reptiles from wildlife management areas;
    2-4              (15)  motorboat registration fees;
    2-5              (16)  motorboat manufacturer or dealer registration
    2-6  fee;
    2-7              (17)  fines or penalties imposed by a court for
    2-8  violation of water safety laws contained in Chapter 31 of this
    2-9  code;
   2-10              (18)  alligator hunter's or alligator buyer's licenses;
   2-11              (19)  sale of alligators or any part of an alligator by
   2-12  the department;
   2-13              (20)  fees and revenue collected under Section
   2-14  11.027(b) or (c) of this code that are associated with the
   2-15  conservation of fish and wildlife; and
   2-16              (21)  any other source provided by law.
   2-17        Sec. 11.033.  USE OF GAME, FISH, AND WATER SAFETY ACCOUNT
   2-18  <FUND>.  Money in the <The> game, fish, and water safety account
   2-19  <fund> may be used for the following purposes <only>:
   2-20              (1)  enforcement of fish, shrimp, and oyster laws, game
   2-21  laws, and laws pertaining to sand, shell, and gravel;
   2-22              (2)  dissemination of information pertaining to marine
   2-23  life, wild animal life, wildlife values, and wildlife management;
   2-24              (3)  scientific investigation and survey of marine life
   2-25  for the better protection and conservation of marine life;
   2-26              (4)  establishment and maintenance of fish hatcheries,
   2-27  fish sanctuaries, tidal water fish passes, wildlife management
   2-28  areas, and public hunting grounds;
   2-29              (5)  propagation and distribution of marine life, game
   2-30  animals, and wild birds;
   2-31              (6)  protection of wild birds, fish, and game;
   2-32              (7)  purchase, repair, and operation of boats and
   2-33  dredges;
   2-34              (8)  research, management, and protection of the fish
   2-35  and wildlife resources of this state, including alligators and
   2-36  fur-bearing animals;
   2-37              (9)  salaries of employees and other expenses necessary
   2-38  to carry out the duties of the department under laws relating to
   2-39  fish, shrimp, oysters, game, water safety, and sand, shell, and
   2-40  gravel;
   2-41              (10)  expansion and development of additional
   2-42  opportunities of hunting and fishing in state-owned land and water;
   2-43              (11)  removing rough fish from public water;
   2-44              (12)  construction and maintenance of artificial reefs
   2-45  under Section 12.016 of this <the> code;
   2-46              (13)  administration and enforcement of the water
   2-47  safety laws as set out in Chapter 31 of this code;
   2-48              (14)  purchasing all necessary forms and supplies,
   2-49  including reimbursement of the department for any material produced
   2-50  by its existing facilities or work performed by other divisions of
   2-51  the department;
   2-52              (15)  purchase, construction, and maintenance of boat
   2-53  ramps on or near public waters as provided in Chapter 31 of this
   2-54  code;
   2-55              (16)  resource protection activities; and
   2-56              (17)  any other use provided by law.
   2-57        Sec. 11.034.  GAME, FISH, AND WATER SAFETY ACCOUNT <FUND>
   2-58  EXPENDITURES.  All expenditures of the department from the game,
   2-59  fish, and water safety account <fund> must be approved by the
   2-60  director.  The comptroller shall draw a warrant on the state
   2-61  treasury from the game, fish, and water safety account <fund> for
   2-62  the amount of the expenditure in favor of the person claiming the
   2-63  expenditure.
   2-64        Sec. 11.035.  STATE PARKS ACCOUNT <FUND>.  (a)  The state
   2-65  parks account is a separate account in the general revenue fund.
   2-66  <There is in the state treasury a special fund called the "state
   2-67  parks fund.">
   2-68        (b)  The department shall deposit to the credit of the state
   2-69  parks account <fund> all revenue, less allowable costs, received
   2-70  from the following sources:
    3-1              (1)  grants or operation of concessions in state parks
    3-2  or fishing piers;
    3-3              (2)  publications on state parks, state historic sites,
    3-4  or state scientific areas;
    3-5              (3)  fines or penalties received from violations of
    3-6  regulations governing parks issued pursuant to Subchapter B,
    3-7  Chapter 13, of this code;
    3-8              (4)  fees and revenue collected under Section 11.027(b)
    3-9  or (c) of this code that are associated with state park lands;
   3-10  <and>
   3-11              (5)  $1,125,000 per month and 40 percent of the amount
   3-12  above $27 million per year of credits made to the department under
   3-13  Section 151.801, Tax Code; and
   3-14              (6)  any other source provided by law.
   3-15        Sec. 11.037.  State Land and Water Conservation ACCOUNT
   3-16  <FUND>.  (a)  The <There is in the state treasury a special fund
   3-17  called the ">state land and water conservation account is a
   3-18  separate account in the general revenue fund.<">
   3-19        (b)  The department shall deposit in the state land and water
   3-20  conservation account <fund> all revenue received from the federal
   3-21  government or any other source for the purpose of administering
   3-22  programs authorized under Sections 13.301 through 13.311 of this
   3-23  code.
   3-24        (c)  The state land and water conservation account <fund> may
   3-25  be used for paying the cost of planning, acquisition, operation,
   3-26  and development of outdoor recreation and conservation resources of
   3-27  the state and the administrative expenses incident to the projects
   3-28  or programs authorized under Sections 13.301 through 13.311 of this
   3-29  code.
   3-30        Sec. 11.038.  OPERATING ACCOUNT <FUND>.  (a)  The <There is a
   3-31  fund in the state treasury called the ">parks and wildlife
   3-32  operating account is a separate account in the general revenue
   3-33  fund.<">
   3-34        (b)  The commission may transfer any funds appropriated to
   3-35  the department for personal services, travel, consumable supplies
   3-36  and materials, current operating expenses, and capital outlay, as
   3-37  these terms are used in the comptroller's object classification
   3-38  codes of the general appropriations act.  All expenditures by the
   3-39  department from this account <fund> shall be made only for the
   3-40  purposes for which appropriations are made in the general
   3-41  appropriations act.
   3-42        (c)  The parks and wildlife operating account <fund> shall be
   3-43  used for the purposes specified by law and nothing may be done by
   3-44  any officer or employee of the department or commission to divert
   3-45  or jeopardize the account <fund> or any portion of the account
   3-46  <fund>, including any federal aid the department receives or
   3-47  administers.
   3-48        Sec. 11.040.  Mistaken Deposit.  (a)  Any funds deposited in
   3-49  the state treasury by the department by mistake of fact or mistake
   3-50  of law shall be refunded by warrant issued against the fund and
   3-51  credited against the account in the state treasury into which the
   3-52  money was deposited.  Refunds necessary to make the proper
   3-53  correction shall be appropriated by the general appropriations act.
   3-54        (b)  The comptroller may require written evidence from the
   3-55  director of the department to indicate the reason for the mistake
   3-56  of fact or law before issuing the refund warrant authorized in
   3-57  Subsection (a) of this section.
   3-58        (c)  This section does not apply to any funds that have been
   3-59  deposited under a written contract or to any funds on deposit as of
   3-60  June 8, 1971, which are the subject of litigation in any of the
   3-61  courts of this state or the United States.
   3-62        Sec. 11.041.  Transfer of Property.  (a)  The commission may
   3-63  transfer tangible property, other than money or real estate held
   3-64  for limited purposes, from one division of the department to
   3-65  another division.
   3-66        (b)  If the property to be transferred was acquired with
   3-67  funds the use of which is limited by law or dedicated in any other
   3-68  manner, and the prospective use of the property is different from
   3-69  the use allowed by law, the department shall transfer from
   3-70  available funds to the fund or account from which the property was
    4-1  acquired the value of the property at the time of the transfer.
    4-2        Sec. 11.042.  Funds Deposited in Treasury.  All money paid to
    4-3  the department under this code or allocated to the department under
    4-4  Section 151.801, Tax Code, other than money received under
    4-5  Subchapter C, Chapter 12, or Chapter 21 of this code, shall be
    4-6  deposited in the State Treasury and may be used only for the
    4-7  administration of this code.
    4-8        Sec. 11.043.  TEXAS PARKS AND WILDLIFE CAPITAL ACCOUNT.
    4-9  (a)  The Texas parks and wildlife capital account is a separate
   4-10  account in the general revenue fund.
   4-11        (b)  The account consists of the amount of credits made to
   4-12  the department under Section 151.801, Tax Code, after allocations
   4-13  to the state parks account and the Texas recreation and parks
   4-14  account or any other source authorized by law.
   4-15        (c)  Money in the account may be spent only for acquisition
   4-16  and development of parks, fisheries, and wildlife projects that
   4-17  have been individually approved by the commission.  Projects that
   4-18  directly provide hunting, fishing, or outdoor recreation
   4-19  opportunity to the public shall be given preference for funding
   4-20  under this section.  Approved projects may include:
   4-21              (1)  acquiring land or facilities for use in any
   4-22  department program;
   4-23              (2)  developing and improving any land or facility
   4-24  owned or controlled by the department;
   4-25              (3)  servicing the debt on Texas park development bonds
   4-26  issued under Article III, Section 49-e, of the Texas Constitution
   4-27  or any bonds issued in the future for parks, fisheries, or wildlife
   4-28  projects; and
   4-29              (4)  local park grants in Chapter 24 of this code.
   4-30        (d)  The treasurer may invest money in the account.
   4-31        Sec. 11.044.  DISPOSITION OF INTEREST ON INVESTMENTS.
   4-32  (a)  Interest received from the investment of money in all accounts
   4-33  of the department in charge of the treasurer shall be allocated
   4-34  monthly to each account in an amount proportionate to the amount of
   4-35  money invested from the account.
   4-36        (b)  The treasurer may retain from the interest to be
   4-37  allocated monthly an amount equal to the necessary administrative
   4-38  costs of making the allocations.
   4-39        Sec. 11.045.  APPLICATION OF OTHER LAW.  Section 403.095,
   4-40  Government Code, does not apply to revenues accruing to an account
   4-41  established under this chapter.
   4-42        SECTION 2.  The title to Subchapter D, Chapter 11, Parks and
   4-43  Wildlife Code, is amended to read as follows:
   4-44         SUBCHAPTER D.  SPECIAL NONGAME AND ENDANGERED SPECIES
   4-45                      CONSERVATION ACCOUNT <FUND>
   4-46        SECTION 3.  Section 11.052, Parks and Wildlife Code, is
   4-47  amended to read as follows:
   4-48        Sec. 11.052.  SPECIAL NONGAME AND ENDANGERED SPECIES
   4-49  CONSERVATION ACCOUNT <FUND>.  The <There is in the state treasury a
   4-50  special fund called the ">special nongame and endangered species
   4-51  conservation account is a separate account in the general revenue
   4-52  fund.<">
   4-53        SECTION 4.  Section 11.053, Parks and Wildlife Code, is
   4-54  amended to read as follows:
   4-55        Sec. 11.053.  SOURCES OF ACCOUNT <FUND>.  (a)  The department
   4-56  shall deposit to the credit of the special nongame and endangered
   4-57  species conservation account <fund> all money received from:
   4-58              (1)  private contributions, grants, and donations made
   4-59  to the special nongame and endangered species conservation account
   4-60  <fund>;
   4-61              (2)  the net proceeds from the sale under this chapter
   4-62  of wildlife art prints, decals, and stamps;
   4-63              (3)  interest income from the investment of money
   4-64  collected under this section; and
   4-65              (4)  income from entrance fees, easements, mineral
   4-66  leases, grazing leases, and sale of products from lands purchased
   4-67  with funds from the special nongame and endangered species
   4-68  conservation account <fund>.
   4-69        (b)  The department may accept private contributions, grants,
   4-70  and donations made to the special nongame and endangered species
    5-1  conservation account <fund>.
    5-2        SECTION 5.  Section 11.054, Parks and Wildlife Code, is
    5-3  amended to read as follows:
    5-4        Sec. 11.054.  USES OF ACCOUNT <FUND>.  (a)  Money in the
    5-5  <The> special nongame and endangered species conservation account
    5-6  <fund> may be used <only> for the following purposes:
    5-7              (1)  dissemination of information pertaining to nongame
    5-8  and endangered species conservation, management, and values;
    5-9              (2)  scientific investigation and survey of nongame and
   5-10  endangered species for better protection and conservation;
   5-11              (3)  propagation, distribution, protection, and
   5-12  restoration of nongame and endangered species;
   5-13              (4)  research and management of nongame and endangered
   5-14  species;
   5-15              (5)  development of habitats for nongame and endangered
   5-16  species;
   5-17              (6)  acquisition of habitats for nongame and endangered
   5-18  species; and
   5-19              (7)  matching of funds available to the department
   5-20  under federal programs for projects and activities authorized under
   5-21  this section.
   5-22        (b)  Appropriations from the special nongame and endangered
   5-23  species conservation account <fund> are supplemental, and other
   5-24  accounts <funds> may be appropriated for the purposes for which the
   5-25  fund was established.
   5-26        SECTION 6.  Subchapter E, Chapter 11, Parks and Wildlife
   5-27  Code, is amended to read as follows:
   5-28       SUBCHAPTER E.  LIFETIME LICENSE ENDOWMENT ACCOUNT <FUND>
   5-29        Sec. 11.061.  LIFETIME LICENSE ENDOWMENT ACCOUNT <FUND>.  The
   5-30  <There is within the State Treasury a special fund called the>
   5-31  lifetime license endowment account is a separate account in the
   5-32  general revenue fund.
   5-33        Sec. 11.062.  SOURCES OF ACCOUNT <FUND>.  (a)  The department
   5-34  shall deposit to the credit of the lifetime license endowment
   5-35  account <fund> all money received from:
   5-36              (1)  lifetime hunting, fishing, or combination
   5-37  licenses;
   5-38              (2)  private contributions, grants, and donations made
   5-39  for purposes of this subchapter;
   5-40              (3)  interest income from the investment of money
   5-41  collected under this section; and
   5-42              (4)  any other source provided by law.
   5-43        (b)  The department may accept private contributions, grants,
   5-44  and donations made to the lifetime license endowment account
   5-45  <fund>.
   5-46        Sec. 11.063.  USES OF ACCOUNT <FUND>.  <(a)>  Interest earned
   5-47  on the lifetime license endowment account <fund> may be used only
   5-48  to:
   5-49              (1)  acquire public hunting and fishing areas; and
   5-50              (2)  develop, manage, and repair public hunting and
   5-51  fishing areas.
   5-52        Sec. 11.064.  RESTRICTIONS.  No expenditures shall be made
   5-53  from the principal of the lifetime license endowment account <fund>
   5-54  except as provided by law.
   5-55        Sec. 11.065.  Investments.  The commission shall adopt rules
   5-56  for the investment of the lifetime license endowment account
   5-57  <fund>.
   5-58        SECTION 7.  Section 11.072(c), Parks and Wildlife Code, is
   5-59  amended to read as follows:
   5-60        (c)  Reasonable attorney's fees shall also be recoverable,
   5-61  with reimbursement to the operating fund or account from which the
   5-62  expenditure occurred.
   5-63        SECTION 8.  Section 11.073, Parks and Wildlife Code, is
   5-64  amended to read as follows:
   5-65        Sec. 11.073.  Disposition of Civil Penalties. All civil
   5-66  penalties recovered in suits under this subchapter shall be paid to
   5-67  the appropriate fund or account of the department.
   5-68        SECTION 9.  Section 12.006(d), Parks and Wildlife Code, is
   5-69  amended to read as follows:
   5-70        (d)  Money received under this section shall be deposited in
    6-1  the State Treasury to the credit of the fund or account from which
    6-2  expenses for the publication were paid.
    6-3        SECTION 10.  Section 12.008(d), Parks and Wildlife Code, is
    6-4  amended to read as follows:
    6-5        (d)  All money derived from a sale or lease under this
    6-6  section shall be deposited in the state treasury to the credit of
    6-7  the game, fish, and water safety account <fund>.
    6-8        SECTION 11.  Section 12.109(b), Parks and Wildlife Code, is
    6-9  amended to read as follows:
   6-10        (b)  The confiscated aquatic life shall be sold to the
   6-11  highest of three bidders.  The proceeds of the sale shall be
   6-12  deposited in the state treasury to the credit of suspense account
   6-13  <fund> No. 900 pending the outcome of the action taken against the
   6-14  person charged with illegal possession.
   6-15        SECTION 12.  Section 12.1106(f), Parks and Wildlife Code, is
   6-16  amended to read as follows:
   6-17        (f)  The department shall deposit money received under this
   6-18  section in the state treasury to the credit of the game, fish, and
   6-19  water safety account <fund>.
   6-20        SECTION 13.  Section 12.307, Parks and Wildlife Code, is
   6-21  amended to read as follows:
   6-22        Sec. 12.307.  DISPOSITION OF RECOVERY.  (a)  Any damages for
   6-23  injury to fish, shellfish, reptiles, amphibians, birds, or animals
   6-24  recovered in a suit brought by the attorney general shall be
   6-25  deposited to the credit of the game, fish, and water safety account
   6-26  <fund>.
   6-27        (b)  Fifty percent of any damages for injury to fish,
   6-28  shellfish, reptiles, amphibians, birds, or animals recovered in a
   6-29  suit brought by a county attorney shall be deposited in the general
   6-30  fund of the county.  The remainder shall be deposited to the credit
   6-31  of the game, fish, and water safety account <fund>.
   6-32        SECTION 14.  Section 12.507(e), Parks and Wildlife Code, is
   6-33  amended to read as follows:
   6-34        (e)  Civil penalties received by the department under this
   6-35  section shall be deposited to the credit of the game, fish, and
   6-36  water safety account <fund>.
   6-37        SECTION 15.  Section 13.004(a), Parks and Wildlife Code, is
   6-38  amended to read as follows:
   6-39        (a)  The operation, maintenance, and improvement of state
   6-40  parks shall be financed from the general revenue fund, the state
   6-41  parks account <fund>, other accounts <funds> that may be authorized
   6-42  by law, and donations, grants, and gifts received by the department
   6-43  for these purposes.
   6-44        SECTION 16.  Section 13.0061(d), Parks and Wildlife Code, is
   6-45  amended to read as follows:
   6-46        (d)  All revenue derived from a lease or from the sale of
   6-47  livestock or crops under this section shall be deposited in the
   6-48  state treasury to the credit of the state parks account <fund>.
   6-49        SECTION 17.  Section 13.015(c), Parks and Wildlife Code, is
   6-50  amended to read as follows:
   6-51        (c)  The department shall deposit any revenue received from
   6-52  the contracts, user fees, or operations authorized by this section
   6-53  in the state treasury to the credit of the state parks account
   6-54  <fund>.
   6-55        SECTION 18.  Section 13.017(d), Parks and Wildlife Code, is
   6-56  amended to read as follows:
   6-57        (d)  Money received under this section shall be deposited in
   6-58  the State Treasury to the credit of the account <fund> from which
   6-59  expenses for the publication were paid.
   6-60        SECTION 19.  Section 13.310(c), Parks and Wildlife Code, is
   6-61  amended to read as follows:
   6-62        (c)  The department shall deposit all funds received for the
   6-63  development of outdoor recreation resources in the state treasury
   6-64  to the credit of the state land and water conservation account
   6-65  <fund>.
   6-66        SECTION 20.  Section 21.108, Parks and Wildlife Code, is
   6-67  amended to read as follows:
   6-68        Sec. 21.108.  Interest and Sinking Fund:  Final Transfer.
   6-69  After all bonds have been paid, the balance of the interest and
   6-70  sinking fund shall be transferred to the state parks account
    7-1  <fund>.
    7-2        SECTION 21.  Section 22.059, Parks and Wildlife Code, is
    7-3  amended to read as follows:
    7-4        Sec. 22.059.  Disposition of Funds.  Money received from the
    7-5  sale of timber or iron ore from the land in the park shall be
    7-6  placed in the state treasury to the credit of the state parks
    7-7  account <fund>.
    7-8        SECTION 22.  Section 22.076, Parks and Wildlife Code, is
    7-9  amended to read as follows:
   7-10        Sec.22.076.  DISPOSITION OF FUNDS.  Money received from the
   7-11  sale of timber cut from the park shall be placed in the state
   7-12  treasury to the credit of the state parks account <fund>.
   7-13        SECTION 23.  Section 22.095, Parks and Wildlife Code, is
   7-14  amended to read as follows:
   7-15        Sec. 22.095.  DISPOSITION OF FUNDS.  Money received from the
   7-16  sale of timber cut from the park shall be placed in the state
   7-17  treasury to the credit of the state parks account <fund>.
   7-18        SECTION 24.  Section 22.182(a), Parks and Wildlife Code, is
   7-19  amended to read as follows:
   7-20        (a)  Except as provided in Subsection (b) of this section,
   7-21  the department may operate any part of the Texas State Railroad as
   7-22  a part of the state parks system for park and recreational
   7-23  purposes.  All revenues collected from leases or concessions shall
   7-24  be deposited in the state treasury to the credit of the state parks
   7-25  account <fund>.
   7-26        SECTION 25.  Section 22.184(d), Parks and Wildlife Code, is
   7-27  amended to read as follows:
   7-28        (d)  All revenue received under this section shall be
   7-29  deposited in the state treasury to the credit of the state parks
   7-30  account <fund>.
   7-31        SECTION 26.  Section 22.222(c), Parks and Wildlife Code, is
   7-32  amended to read as follows:
   7-33        (c)  The department shall acquire the land with money from
   7-34  the Texas Park Development Fund, or any fund or account created to
   7-35  finance the acquisition of state parks.
   7-36        SECTION 27.  Section 23.014(b), Parks and Wildlife Code, is
   7-37  amended to read as follows:
   7-38        (b)  Unless reversion is waived by the legislature during the
   7-39  biennium following the happening of a condition of reversion, all
   7-40  state-owned land conveyed to the United States for the creation of
   7-41  the Padre Island National Seashore reverts to the state and to the
   7-42  fund or account to which it belonged before conveyance if:
   7-43              (1)  the United States fails to acquire two-thirds of
   7-44  all privately owned land in the area described by Section 1,
   7-45  Chapter 38, Acts of the 58th Legislature, 1963, within 10 years
   7-46  after the date that the state-owned land was acquired; or
   7-47              (2)  the United States fails to use as a national
   7-48  seashore the privately owned land it has acquired.
   7-49        SECTION 28.  Section 24.001(8), Parks and Wildlife Code, is
   7-50  amended to read as follows:
   7-51              (8)  "Account" <"Fund"> means the Texas <local parks,>
   7-52  recreation and parks account<, and open space fund>.
   7-53        SECTION 29.  Section 24.002, Parks and Wildlife Code, is
   7-54  amended to read as follows:
   7-55        Sec. 24.002.  TEXAS RECREATION AND PARKS ACCOUNT <FUND
   7-56  ESTABLISHED>.  The Texas <local parks,> recreation and parks
   7-57  account<, and open space fund> is a separate account <established>
   7-58  in the general revenue fund <state treasury>.
   7-59        SECTION 30.  Section 24.003, Parks and Wildlife Code, is
   7-60  amended to read as follows:
   7-61        Sec. 24.003.  ACCOUNT REVENUE SOURCE.  The department shall
   7-62  deposit to the credit of the Texas recreation and parks account:
   7-63              (1)  $1,125,000 per month and 40 percent of the amount
   7-64  above $27 million per year of credits made to the department under
   7-65  Section 151.801, Tax Code; or
   7-66              (2)  any other source authorized by law.  <USE OF FUND.
   7-67  (a)  Appropriations from the fund may be used only for assistance
   7-68  grants under Section 24.004 of this code, direct grants under
   7-69  Section 24.005 of this code, and the uses permitted under Section
   7-70  24.006 of this code.>
    8-1        <(b)  The department is authorized to spend up to 20 percent
    8-2  of the amount of the fund appropriated each fiscal year if adequate
    8-3  federal funds are not available for assistance grants, matching
    8-4  grants, and direct expenditures for use in rural areas in this
    8-5  state.>
    8-6        SECTION 31.  Section 24.004(a), Parks and Wildlife Code, is
    8-7  amended to read as follows:
    8-8        (a)  The department may make grants of money from the account
    8-9  <fund> to a political subdivision for use by the political
   8-10  subdivision as all or part of the subdivision's required share of
   8-11  funds for eligibility for receiving a federal rehabilitation and
   8-12  recovery grant.
   8-13        SECTION 32.  Section 24.005, Parks and Wildlife Code, is
   8-14  amended to read as follows:
   8-15        Sec. 24.005.  DIRECT STATE MATCHING GRANTS.  (a)  The
   8-16  department shall <may> make grants of money from the account <fund>
   8-17  to a political subdivision to provide one-half of the costs of the
   8-18  planning, acquisition, or development of a park, recreational area,
   8-19  or open space area to be owned and operated by the political
   8-20  subdivision.
   8-21        (b)  In establishing the program of grants under this
   8-22  section, the department shall adopt <those allocation formulas,
   8-23  conditions for fund uses, and other procedural requirements, to the
   8-24  extent not inconsistent with this chapter, as are provided for the
   8-25  land and water conservation fund established by Section 4601-4,
   8-26  Title 16, United States Code, and the> rules and regulations for
   8-27  grant assistance <made from that fund>.
   8-28        (c)  Money granted to a political subdivision under this
   8-29  section may not be used for the operation and maintenance of parks,
   8-30  recreational areas, and open space areas.
   8-31        SECTION 33.  Section 24.006, Parks and Wildlife Code, is
   8-32  amended to read as follows:
   8-33        Sec. 24.006.  FUNDS FOR GRANTS TO LOCAL GOVERNMENTS.  When
   8-34  revenues to the Texas recreation and parks account exceed $14
   8-35  million per year, an amount not to exceed 15 percent shall be made
   8-36  available for grants to local governments for up to 50 percent of
   8-37  the cost of acquisition or development of indoor public recreation
   8-38  facilities for indoor recreation programs, sports activities,
   8-39  nature programs, or exhibits.  <ACQUISITION AND DEVELOPMENT OF
   8-40  STATE PARKS.  The department may acquire and develop a state park,
   8-41  recreational area, open space area, or natural area with money
   8-42  appropriated from the fund.>
   8-43        SECTION 34.  Section 24.007, Parks and Wildlife Code, is
   8-44  amended to read as follows:
   8-45        Sec. 24.007.  ACCOUNT <FUND> USE TO BE CONSISTENT WITH PLANS.
   8-46  No grant may be made under Section 24.005 of this code nor may
   8-47  account <fund> money be used under Section 24.006 of this code
   8-48  unless:
   8-49              (1)  there is a present or future need for the
   8-50  acquisition and development of the property for which the grant is
   8-51  requested or the use is proposed; and
   8-52              (2)  <the acquisition and development is consistent
   8-53  with the local parks, recreational, and open space plan and the
   8-54  Texas outdoor recreation plan; and>
   8-55              <(3)>  a written statement is obtained from the
   8-56  regional planning commission having jurisdiction of the area in
   8-57  which the property is to be acquired and developed that the
   8-58  acquisition and development is consistent with <the local parks,
   8-59  recreational, and open space plan most closely reflecting> local
   8-60  needs.
   8-61        SECTION 35.  Sections 24.008(e) and (f), Parks and Wildlife
   8-62  Code, are amended to read as follows:
   8-63        (e)  If land or water designated for park, recreational, or
   8-64  open space use is included in the local and regional park,
   8-65  recreational, and open space plans for two or more contiguous
   8-66  jurisdictions <and that land or water is also included in the Texas
   8-67  outdoor recreation plan>, the two or more jurisdictions may
   8-68  cooperate under state law to secure assistance from the account
   8-69  <fund> to acquire or develop the property.  In those cases, the
   8-70  department must be assured that a cooperative management plan for
    9-1  the land or water can be developed and effectuated.
    9-2        (f)  All land or water purchased with assistance from the
    9-3  account <fund> shall be dedicated for park, recreational, indoor
    9-4  recreation center, and open space purposes in perpetuity and may
    9-5  not be used for any other purpose, except where the use is
    9-6  compatible with park, recreational, and open space objectives, and
    9-7  the use is approved in advance by the department.
    9-8        SECTION 36.  Section 24.009(a), Parks and Wildlife Code, is
    9-9  amended to read as follows:
   9-10        (a)  On the approval of a grant under this chapter and on the
   9-11  written request by the director, the comptroller of public accounts
   9-12  shall issue a warrant drawn against the Texas recreation and parks
   9-13  account <fund> and payable to the political subdivision in the
   9-14  amount specified by the director.
   9-15        SECTION 37.  Section 24.010, Parks and Wildlife Code, is
   9-16  amended to read as follows:
   9-17        Sec. 24.010.  ANNUAL REPORT.  (a)  The commission shall
   9-18  report to the governor and legislature on August 31 of each year,
   9-19  or as soon as practicable, but not later than October 1 of each
   9-20  year, showing the condition of the account <fund>.  The report must
   9-21  contain:
   9-22              (1)  a statement of the amount of money deposited to
   9-23  the credit of the account <fund> for the year;
   9-24              (2)  a statement of the amount of money disbursed by
   9-25  the department for department projects and for qualified political
   9-26  subdivision projects for the year;
   9-27              (3)  a listing of political subdivisions that applied
   9-28  for matching assistance from the account <fund>, to include
   9-29  information for each political subdivision that shows the amount of
   9-30  money applied for, the scope of the proposed acquisition or
   9-31  development project, and the priority assigned the application
   9-32  during department review;
   9-33              (4)  a listing of political subdivisions and state
   9-34  parks which have received money from the account <fund>, to include
   9-35  information for each political subdivision and state park that
   9-36  shows the amount of money, number of parks, recreational areas,
   9-37  indoor recreation centers, and open space areas, and number of
   9-38  acres acquired or developed by park, recreational, indoor
   9-39  recreation center, or open space area and summed for each political
   9-40  subdivision for the year;
   9-41              (5)  a listing of political subdivisions which have
   9-42  received grant funding <park, recreational, and open space
   9-43  operation and maintenance money> from the account <fund>, to
   9-44  include information for each subdivision which shows the amount of
   9-45  money allocated, amount of money spent, and general statements on
   9-46  how the political subdivision used the money <for maintenance>;
   9-47              (6)  a statement of the amount of money annually
   9-48  deposited to the credit of the account <fund> that was not
   9-49  disbursed during the year and the reason for nondisbursement; and
   9-50              (7)  a statement of any significant problems
   9-51  encountered in administering the account <fund>, with
   9-52  recommendations for their solution.
   9-53        (b)  The annual report on the account <fund> may be included
   9-54  as a portion of the department's annual report to the governor.
   9-55        SECTION 38.  Section 24.012, Parks and Wildlife Code, is
   9-56  amended to read as follows:
   9-57        Sec. 24.012.  ACCOUNT <FUND> NOT TO BE USED FOR PUBLICITY.
   9-58  No money credited to the account <fund> may be used for publicity
   9-59  or related purposes.
   9-60        SECTION 39.  Section 31.128(b), Parks and Wildlife Code, is
   9-61  amended to read as follows:
   9-62        (b)  In justice court cases, the amount to be remitted to the
   9-63  game, fish, and water safety account <fund> shall be 85 percent of
   9-64  the fine.  In county court cases the amount to be remitted to the
   9-65  game, fish, and water safety account <fund> shall be 80 percent of
   9-66  the fine.  All costs of the court shall be retained by the court
   9-67  having jurisdiction of the offense and deposited as other fees in
   9-68  the proper county fund.
   9-69        SECTION 40.  Section 31.141(b), Parks and Wildlife Code, is
   9-70  amended to read as follows:
   10-1        (b)  On the completion of the work, the department shall
   10-2  prepare and send vouchers to the comptroller of public accounts
   10-3  payable to the department or to any person, firm, or corporation
   10-4  for reimbursement for the work, and the comptroller shall issue
   10-5  warrants on the game, fish, and water safety account <special boat
   10-6  fund> to reimburse the department or any person, firm, or
   10-7  corporation for the work performed.
   10-8        SECTION 41.  Section 31.142, Parks and Wildlife Code, is
   10-9  amended to read as follows:
  10-10        Sec. 31.142.  BUOYS AND MARKERS.  The department may provide
  10-11  for a standardized buoy-marking program for the inland water of the
  10-12  state.  The department may purchase and provide the controlling
  10-13  agency of the water bodies with buoys and markers <from funds
  10-14  remaining in the special boat fund in excess of the cost of
  10-15  administering this chapter>.
  10-16        SECTION 42.  Section 43.112(f), Parks and Wildlife Code, is
  10-17  amended to read as follows:
  10-18        (f)  The department shall deposit money received under this
  10-19  section in the state treasury to the credit of the game, fish, and
  10-20  water safety account <fund> for the enforcement of fish, shrimp,
  10-21  and oyster laws, game laws, and laws pertaining to sand, shell, and
  10-22  gravel.
  10-23        SECTION 43.  Section 62.014(e), Parks and Wildlife Code, is
  10-24  amended to read as follows:
  10-25        (e)  The commission may maximize the utilization of volunteer
  10-26  instructors to minimize the costs of the course and is authorized
  10-27  to charge a fee not to exceed $15 to defray administrative costs.
  10-28  Fees collected under this subsection, less any instructor expenses
  10-29  approved by the department, shall be deposited to the credit of the
  10-30  game, fish, and water safety account <fund>.
  10-31        SECTION 44.  Section 62.065, Parks and Wildlife Code, is
  10-32  amended to read as follows:
  10-33        Sec. 62.065.  DISPOSITION OF FUNDS.  Revenue received under
  10-34  this subchapter shall be deposited in the state treasury to the
  10-35  credit of the state parks account <fund>.
  10-36        SECTION 45.  Section 68.018, Parks and Wildlife Code, is
  10-37  amended to read as follows:
  10-38        Sec. 68.018.  DISPOSITION OF FUNDS; APPROPRIATIONS.  All
  10-39  revenue received under this chapter shall be deposited in the state
  10-40  treasury to the credit of the special nongame and endangered
  10-41  species conservation account <fund>.
  10-42        SECTION 46.  Section 76.019(c), Parks and Wildlife Code, is
  10-43  amended to read as follows:
  10-44        (c)  The department shall deposit fees and penalties
  10-45  collected under this section to the credit of the general revenue
  10-46  fund to be allocated each quarter as follows:
  10-47              (1)  50 percent to the Texas Department of Health to
  10-48  contract with an institute of higher education for oyster-related
  10-49  research and other activities, including the:
  10-50                    (A)  study of organisms in oysters that are
  10-51  harmful to consumers of oysters;
  10-52                    (B)  education of the public on health issues
  10-53  relating to oyster consumption;
  10-54                    (C)  sanitary handling of oysters at the
  10-55  wholesale, retail, and consumer level; and
  10-56                    (D)  optional additional marking of the
  10-57  boundaries of areas declared closed by the commissioner; and
  10-58              (2)  50 percent to the credit of the game, fish, and
  10-59  water safety account <fund> for:
  10-60                    (A)  research into control of oyster diseases and
  10-61  predators;
  10-62                    (B)  research into reef enhancement in, and
  10-63  increased oyster production from, Texas water;
  10-64                    (C)  studies of the potential of leasing the
  10-65  bottom in unapproved areas for enhanced oyster production;
  10-66                    (D)  other oyster-related research approved by
  10-67  the department; and
  10-68                    (E)  enhanced enforcement of this chapter.
  10-69        SECTION 47.  Section 77.027, Parks and Wildlife Code, is
  10-70  amended to read as follows:
   11-1        Sec. 77.027.  Confiscation and Disposal of Shrimp.  When an
   11-2  enforcement officer of the department believes that a person has
   11-3  unlawful possession of any shrimp taken in violation of this
   11-4  chapter, all shrimp aboard any vessel involved or in the trawl,
   11-5  whether in storage, on deck, and whether alive or dead, whole or
   11-6  headed, frozen or fresh, shall be deemed to have been taken in
   11-7  violation of the chapter and shall be confiscated by the arresting
   11-8  officer.  The cargo of shrimp shall be sold to the highest of three
   11-9  bidders by the officer.  The proceeds of the sale shall be
  11-10  deposited in the state treasury to the credit of suspense account
  11-11  <fund> number 900, pending the outcome of the action taken against
  11-12  the person charged with the illegal possession.  Unless the person
  11-13  is found guilty, all the proceeds shall be paid to the defendant.
  11-14        SECTION 48.  Section 81.104, Parks and Wildlife Code, is
  11-15  amended to read as follows:
  11-16        Sec. 81.104.  Condemnation Suits.  Condemnation suits under
  11-17  this subchapter shall be brought in the name of the State of Texas
  11-18  by the attorney general at the request of the department and shall
  11-19  be held in Travis County.  All costs in the proceedings shall be
  11-20  paid by the state or by the person against whom the proceedings are
  11-21  had, to be determined as in the case of railroad condemnation
  11-22  proceedings.  All damages and pay or compensation for property
  11-23  awarded in the proceedings shall be paid by the comptroller against
  11-24  any fund or account in state treasury that is limited in use for
  11-25  fish or wildlife purposes and that is appropriated to the
  11-26  department.
  11-27        SECTION 49.  Section 82.202, Parks and Wildlife Code, is
  11-28  amended to read as follows:
  11-29        Sec. 82.202.  Acceptance of Gifts.  The department may accept
  11-30  gifts of land in Culberson and Hudspeth counties or money to be
  11-31  deposited in the game, fish, and water safety account <fund>.  The
  11-32  gifts shall be used for the Texas Bighorn Sheep management unit.
  11-33        SECTION 50.  Section 82.203, Parks and Wildlife Code, is
  11-34  amended to read as follows:
  11-35        Sec. 82.203.  Land Purchase; School Lands.  The department
  11-36  may purchase the surface rights in not more than eight sections of
  11-37  public school lands located in Culberson and Hudspeth counties in
  11-38  the following blocks:  Blocks 65 and 66, T. & P. Ry. Co. land;
  11-39  Blocks 42 1/2, 43, 54 1/2, Public School Lands.  The minerals on
  11-40  the land purchased shall be reserved to the school fund and managed
  11-41  by the school land board.  The price to be paid for the land shall
  11-42  not exceed $1 per acre and shall be paid for by the department out
  11-43  of the game, fish, and water safety account <fund>.
  11-44        SECTION 51.  Section 82.204, Parks and Wildlife Code, is
  11-45  amended to read as follows:
  11-46        Sec. 82.204.  Other Land; Title Approval.  The department may
  11-47  purchase other land in Culberson and Hudspeth counties as necessary
  11-48  for the operation of the game management unit.  The department may
  11-49  pay for the land out of the game, fish, and water safety account
  11-50  <fund> on approval of the title by the attorney general.
  11-51        SECTION 52.  Section 82.206, Parks and Wildlife Code, is
  11-52  amended to read as follows:
  11-53        Sec. 82.206.  Condemnation.  The method of condemnation,
  11-54  assessment, and payment of damages is the same as is provided by
  11-55  law for railroads.  Condemnation suits brought under this
  11-56  subchapter shall be brought in the name of the State of Texas by
  11-57  the attorney general at the request of the department.  All costs
  11-58  in the proceedings shall be paid by the state or by the person
  11-59  against whom the proceedings are had, to be determined as in the
  11-60  case of railroad proceedings.  All damages and pay or compensation
  11-61  for property awarded in the proceedings shall be paid by the state
  11-62  by warrant drawn on the game, fish, and water safety account
  11-63  <fund>.
  11-64        SECTION 53.  Section 82.207, Parks and Wildlife Code, is
  11-65  amended to read as follows:
  11-66        Sec. 82.207.  Expenditures.  All expenditures provided under
  11-67  this subchapter shall be made from the game, fish, and water safety
  11-68  account <fund>.
  11-69        SECTION 54.  Section 82.603, Parks and Wildlife Code, is
  11-70  amended to read as follows:
   12-1        Sec. 82.603.  Condemnation; Manner and Means.  The method of
   12-2  condemnation, assessment, and payment of damages is the same as is
   12-3  provided for railroads.  Condemnation suits brought under this
   12-4  subchapter shall be brought in the name of the State of Texas by
   12-5  the attorney general at the request of the department.  All costs
   12-6  in the proceedings shall be paid by the state or by the person
   12-7  against whom the proceedings are had, to be determined as in the
   12-8  case of railroad condemnation proceedings.  All damages and pay or
   12-9  compensation for property awarded in the proceedings shall be paid
  12-10  by the state by warrant drawn by the comptroller against any
  12-11  account <fund> in the state treasury appropriated to the department
  12-12  for the use of constructing and maintaining fish hatcheries.
  12-13        SECTION 55.  Section 82.651(c), Parks and Wildlife Code, is
  12-14  amended to read as follows:
  12-15        (c)  The cost of the construction and maintenance of a
  12-16  channel constructed under this section may be paid from the game,
  12-17  fish, and water safety account <special game and fish fund> only.
  12-18        SECTION 56.  Section 83.002(b), Parks and Wildlife Code, is
  12-19  amended to read as follows:
  12-20        (b)  Funds received from the federal government and
  12-21  appropriated by the state for research and development of
  12-22  commercial fisheries shall be deposited in the state treasury to
  12-23  the credit of the <special> game, <and> fish, and water safety
  12-24  account <fund>.
  12-25        SECTION 57.  Section 86.016, Parks and Wildlife Code, is
  12-26  amended to read as follows:
  12-27        Sec. 86.016.  Deposit of Funds.  The proceeds from the sale
  12-28  of marl, sand, gravel, shell, and mudshell shall be deposited in
  12-29  the special game, <and> fish, and water safety account <fund>.
  12-30        SECTION 58.  Section 89.002(b), Parks and Wildlife Code, is
  12-31  amended to read as follows:
  12-32        (b)  In carrying out the duties under Subsection (a) of this
  12-33  section, the department shall:
  12-34              (1)  plan and review permit applications for artificial
  12-35  reefs;
  12-36              (2)  coordinate with relevant state and federal
  12-37  agencies;
  12-38              (3)  hold public hearings on proposed artificial reefs;
  12-39              (4)  oversee maintenance and placement requirements of
  12-40  artificial reefs; and
  12-41              (5)  develop rules and guidelines, in conjunction with
  12-42  the advisory committee, in the collection of fees, grants, and
  12-43  donations to the artificial reef account <fund>.
  12-44        SECTION 59.  Section 89.022, Parks and Wildlife Code, is
  12-45  amended to read as follows:
  12-46        Sec. 89.022.  Required Provisions.  The state artificial reef
  12-47  plan must include:
  12-48              (1)  operational guidelines for the plan, including
  12-49  specific participant roles, and projected funding requirements for
  12-50  the plan;
  12-51              (2)  geographic, hydrographic, geological, biological,
  12-52  ecological, social, economic, and other criteria for permitting and
  12-53  siting artificial reefs;
  12-54              (3)  design, materials, and other criteria for
  12-55  establishing, constructing, and maintaining artificial reefs;
  12-56              (4)  mechanisms and methodologies for monitoring
  12-57  artificial reefs in compliance with the requirements of permits
  12-58  issued under the National Fishing Enhancement Act;
  12-59              (5)  mechanisms and methodologies for managing the use
  12-60  of artificial reefs;
  12-61              (6)  a map that depicts priority areas for artificial
  12-62  reef development consistent with this chapter and the National
  12-63  Fishing Enhancement Act; and
  12-64              (7)  provisions for managing the artificial reef
  12-65  account <fund> in a manner that will assure successful
  12-66  implementation of the plan.
  12-67        SECTION 60.  Subchapter C, Chapter 89, Parks and Wildlife
  12-68  Code, is amended to read as follows:
  12-69             SUBCHAPTER C.  ARTIFICIAL REEF ACCOUNT <FUND>
  12-70        Sec. 89.041.  ARTIFICIAL REEF ACCOUNT <FUND>.  (a)  The
   13-1  artificial reef account <fund> is a separate account in the general
   13-2  revenue fund <created in the State Treasury>.
   13-3        (b)  The account <fund> is composed of all funds received
   13-4  under Section 89.043 of this code <by the state>, including
   13-5  interest and earnings <on the funds, under this chapter>.
   13-6        (c)  No state general revenue funds shall be expended in the
   13-7  development or implementation of this plan.
   13-8        Sec. 89.042.  Dedication.  The funds received under Section
   13-9  89.043 of this code are <artificial reef fund is> dedicated to the
  13-10  department for the purpose of carrying out this chapter, including
  13-11  siting, designing, constructing, monitoring, and otherwise managing
  13-12  an artificial reef or artificial reef system.
  13-13        Sec. 89.043.  Grants, Donations, and Other Assistance.  The
  13-14  department may accept grants, donations of money or materials, and
  13-15  other forms of assistance from private and public sources.
  13-16        SECTION 61.  Section 26.124(b), Water Code, is amended to
  13-17  read as follows:
  13-18        (b)  Whenever it appears that a violation or a threat of
  13-19  violation of any provision of Section 26.121 of this code or any
  13-20  rule, permit, or order of the commission has occurred or is
  13-21  occurring that affects aquatic life or wildlife, the Parks and
  13-22  Wildlife Department, in the same manner as the commission in
  13-23  Section 26.123 of this code, may have a suit instituted in a
  13-24  district court for injunctive relief or civil penalties or both, as
  13-25  authorized in Section 26.123(a) of this code, against the person
  13-26  who committed or is committing or is threatening to commit the
  13-27  violation.  The suit shall be brought in the name of the State of
  13-28  Texas by the attorney general or by the county attorney or the
  13-29  district attorney, as appropriate, of the county in which venue for
  13-30  the suit is proper.  The suit may be brought in the county where
  13-31  the defendant resides or in the county where the violation or
  13-32  threat of violation occurs.  In a suit brought under this section
  13-33  for a violation that is a proximate cause of injury to aquatic life
  13-34  or wildlife normally taken for commercial or sport purposes or to
  13-35  species on which this life is directly dependent for food, the
  13-36  Parks and Wildlife Department is entitled to recover damages for
  13-37  the injury.  In determining damages, the court may consider the
  13-38  valuation of the injured resources established in rules adopted by
  13-39  the Parks and Wildlife Commission under Subchapter D, Chapter 12,
  13-40  Parks and Wildlife Code, or the replacement cost of the injured
  13-41  resources.  Any recovery of damages for injury to aquatic life or
  13-42  wildlife shall be deposited to the credit of the game, fish, and
  13-43  water safety account <fund> under Section 11.032, Parks and
  13-44  Wildlife Code, and the Parks and Wildlife Department shall use
  13-45  funds recovered under this section to replenish or enhance the
  13-46  injured resources <in the geographic area in which the injury
  13-47  occurs>.  The actual cost of investigation, reasonable attorney's
  13-48  fees, and reasonable expert witness fees may also be recovered, and
  13-49  those recovered amounts shall be credited to the same operating
  13-50  accounts <funds> from which expenditures occurred.  This section
  13-51  does not limit recovery for damages available under other law.
  13-52        SECTION 62.  Section 34.018, Natural Resources Code, is
  13-53  amended to read as follow:
  13-54        Sec. 34.018.  Deposit of Receipts.  Amounts received under
  13-55  the provisions of this chapter shall be deposited in the State
  13-56  Treasury to the credit of the appropriate special account <fund>,
  13-57  with the exception that all money received under the provisions of
  13-58  this chapter enuring to the benefit of the Parks and Wildlife
  13-59  Department from land held by the department for game and fish
  13-60  conservation, protection, and management purposes shall be
  13-61  deposited in the State Treasury to the credit of the game, fish,
  13-62  and water safety account <special game and fish fund>, and all
  13-63  money received under the provisions of this chapter enuring to the
  13-64  benefit of the Parks and Wildlife Department from park, recreation,
  13-65  and historic land shall be deposited in the State Treasury to the
  13-66  credit of the state parks account <fund>.
  13-67        SECTION 63.  Section 61.166(b), Natural Resources Code, is
  13-68  amended to read as follows:
  13-69        (b)  The filing fee shall be deposited in the state treasury
  13-70  in the game, fish, and water safety account <Land and Water
   14-1  Recreation and Safety Fund 63>, and the department may pay from
   14-2  this account <fund> the expenses of carrying out the provisions of
   14-3  this subchapter.
   14-4        SECTION 64.  Section 404.060, Government Code, is amended to
   14-5  read as follows:
   14-6        Sec. 404.060.  Priority of Warrants.  Warrants on the
   14-7  treasury shall be on an equal basis with each other, except that if
   14-8  a question arises concerning the priority of payment of the
   14-9  warrants and necessity requires, they shall be paid in order of
  14-10  their serial number within each account <fund>.
  14-11        This section does not apply to:
  14-12              (1)  warrants drawn on the game, fish, and water safety
  14-13  account <fund> or on funds collected for and appropriated to the
  14-14  Texas <State> Department of <Highways and Public> Transportation;
  14-15              (2)  a special fund created or provided for in the
  14-16  constitution; or
  14-17              (3)  a special fund or account consisting of taxes set
  14-18  aside and remitted or donated by the legislature to a county or
  14-19  municipality.
  14-20        SECTION 65.  Section 151.801, Tax Code, is amended to read as
  14-21  follows:
  14-22        Sec. 151.801.  Disposition of Proceeds.  (a)  Except for the
  14-23  amounts <amount>  allocated under Subsections <Subsection> (b) and
  14-24  (c) <of this section>, all proceeds from the collection of the
  14-25  taxes imposed by this chapter shall be deposited to the credit of
  14-26  the general revenue fund.
  14-27        (b)  The amount of the proceeds from the collection of the
  14-28  taxes imposed by this chapter on the sale, storage, or use of
  14-29  lubricating and motor oils used to propel motor vehicles over the
  14-30  public roadways shall be deposited to the credit of the state
  14-31  highway fund.
  14-32        (c)  The proceeds from the collection of the taxes imposed by
  14-33  this chapter on the sale, storage, or use of sporting goods shall
  14-34  be deposited as follows:
  14-35              (1)  For the period beginning September 1, 1993, and
  14-36  ending August 31, 1995, an amount equal to 50 cents per 1,000
  14-37  cigarettes shall be deposited to the credit of the general revenue
  14-38  fund, state parks account, and an amount equal to 50 cents per
  14-39  1,000 cigarettes shall be deposited to the credit of the general
  14-40  revenue fund, Texas recreation and parks account, and the balance
  14-41  shall be retained in the general revenue fund.
  14-42              (2)  Beginning September 1, 1995, the taxes collected
  14-43  shall be credited to the Parks and Wildlife Department and
  14-44  deposited as specified in the Parks and Wildlife Code.
  14-45        (d)  The comptroller shall certify the amount to be deposited
  14-46  to the highway fund under Subsection (b) <of this section> to the
  14-47  treasurer according to <on the basis of> available statistical data
  14-48  indicating the estimated average or actual consumption or sales of
  14-49  lubricants used to propel motor vehicles over the public roadways.
  14-50  The comptroller shall certify the amounts to be deposited to the
  14-51  funds or accounts under Subsection (c) to the treasurer according
  14-52  to available statistical data indicating the estimated or actual
  14-53  total receipts in this state from taxable sales of sporting goods.
  14-54  If satisfactory data are not available, the comptroller may require
  14-55  taxpayers who make taxable sales or uses of those lubricants or of
  14-56  sporting goods to report to the comptroller as necessary to make
  14-57  the allocation required by Subsection (b) or (c) <of this section>.
  14-58        (e) <(d)>  In this section:
  14-59              (1)  "Motor<, "motor> vehicle" means a trailer, a
  14-60  semitrailer, or a self-propelled vehicle in or by which a person or
  14-61  property can be transported upon a public highway.  "Motor vehicle"
  14-62  does not include a device moved only by human power or used
  14-63  exclusively on stationary rails or tracks, a farm machine, a farm
  14-64  trailer, a road-building machine, or a self-propelled vehicle used
  14-65  exclusively to move farm machinery, farm trailers, or road-building
  14-66  machinery.
  14-67              (2)  "Sporting goods" means an item of tangible
  14-68  personal property designed and sold for use in a sport or sporting
  14-69  activity, excluding apparel and footwear except that which is
  14-70  suitable only for use in a sport or sporting activity, and
   15-1  excluding board games, electronic games and similar devices,
   15-2  aircraft and powered vehicles, and replacement parts and
   15-3  accessories for any excluded item.
   15-4        SECTION 66.  Section 154.603(b), Tax Code, is amended to read
   15-5  as follows:
   15-6        (b)  The revenue remaining after the deductions for the
   15-7  purposes provided by Section 154.602 of this code and allocation
   15-8  under Subsection (a) of this section is allocated:
   15-9              (1)  12.5 <50> cents per 1,000 cigarettes to the Texas
  15-10  Cancer Council until September 1, 2004 <state parks fund>;
  15-11              (2)  37.5 cents per 1,000 cigarettes to the Texas
  15-12  Cultural Endowment Fund established in Section 444.026, Government
  15-13  Code, until September 1, 2004;
  15-14              (3)  50 cents per 1,000 cigarettes to the Department of
  15-15  Health for purposes authorized by the General Appropriations Act,
  15-16  until September 1, 2004 <local parks, recreation and open space
  15-17  fund>; and
  15-18              (4)  the remainder to the general revenue fund.
  15-19        SECTION 67.  Section 160.121(c), Tax Code, is amended to read
  15-20  as follows:
  15-21        (c)  Five percent of the taxes collected by the department
  15-22  under this chapter shall be deposited to the credit of the game,
  15-23  fish, and water safety account <fund> and used by the department
  15-24  for the administration of this chapter.
  15-25        SECTION 68.  Sections 154.603(c) and (d), Tax Code, are
  15-26  repealed.
  15-27        SECTION 69.  Accounts authorized within the Parks and
  15-28  Wildlife Code shall not be included under Section 403.095,
  15-29  Government Code.  All dedications of revenue made within the Parks
  15-30  and Wildlife Code or by any other statute to the Parks and Wildlife
  15-31  Department shall continue in full force and effect and none of
  15-32  these revenues may be used for any other purpose.
  15-33        SECTION 70.  This Act takes effect September 1, 1993, except
  15-34  that Section 11.044, Parks and Wildlife Code, as added by this Act,
  15-35  takes effect September 1, 1995.
  15-36        SECTION 71.  The importance of this legislation and the
  15-37  crowded condition of the calendars in both houses create an
  15-38  emergency and an imperative public necessity that the
  15-39  constitutional rule requiring bills to be read on three several
  15-40  days in each house be suspended, and this rule is hereby suspended.
  15-41                               * * * * *
  15-42                                                         Austin,
  15-43  Texas
  15-44                                                         May 21, 1993
  15-45  Hon. Bob Bullock
  15-46  President of the Senate
  15-47  Sir:
  15-48  We, your Committee on Finance to which was referred H.B. No. 706,
  15-49  have had the same under consideration, and I am instructed to
  15-50  report it back to the Senate with the recommendation that it do not
  15-51  pass, but that the Committee Substitute adopted in lieu thereof do
  15-52  pass and be printed.
  15-53                                                         Montford,
  15-54  Chairman
  15-55                               * * * * *
  15-56                               WITNESSES
  15-57                                                  FOR   AGAINST  ON
  15-58  ___________________________________________________________________
  15-59  Name:  Scott Royder                              x
  15-60  Representing:  Sierra Club
  15-61  City:  Austin
  15-62  -------------------------------------------------------------------
  15-63  Name:  Chet Brooks                               x
  15-64  Representing:  Self
  15-65  City:  Pasadena
  15-66  -------------------------------------------------------------------
  15-67  Name:  Ignacio Garza                             x
  15-68  Representing:  Tx. Parks & Wildlife Com.
  15-69  City:  Austin
  15-70  -------------------------------------------------------------------
   16-1  Name:  Dan Van Cleve                                           x
   16-2  Representing:  Tx. Parks & Wildlife Com.
   16-3  City:  Austin
   16-4  -------------------------------------------------------------------
   16-5  Name:  Kenneth L. Conway                         x
   16-6  Representing:  Tx. Recreation & Park Society
   16-7  City:  South Padre
   16-8  -------------------------------------------------------------------