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 -------------------------------------------------------------------