By: Hirschi H.B. No. 1244
73R5357 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the financing of local parks.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 24, Parks and Wildlife Code, is amended
1-5 to read as follows:
1-6 CHAPTER 24. <STATE ASSISTANCE FOR> LOCAL PARKS
1-7 Sec. 24.001. Definitions. In this chapter:
1-8 (1) <"Political subdivision" means a county, city,
1-9 special district, river authority, or other governmental entity
1-10 created under the authority of the state or a county or city.>
1-11 <(2) "Urban area" means the area within a standard
1-12 metropolitan statistical area (SMSA) in this state used in the last
1-13 preceding federal census.>
1-14 <(3)> "Park" includes land and water parks <owned or
1-15 operated by the state or a political subdivision>.
1-16 (2) "Recreation facility" includes an indoor
1-17 recreation facility.
1-18 (3) <(4) "Open space area" means a land or water area
1-19 for human use and enjoyment that is relatively free of man-made
1-20 structures.>
1-21 <(5) "Natural area" means a site having valuable or
1-22 vulnerable natural resources, ecological processes, or rare,
1-23 threatened, or endangered species of vegetation or wildlife.>
1-24 <(6) "Parks, recreational, and open space area plan"
2-1 means a comprehensive plan that includes information on and
2-2 analyses of parks, recreational, and open space area objectives,
2-3 needs, resources, environment, and uses, and that identifies the
2-4 amounts, locations, characteristics, and potentialities of areas
2-5 for adequate parks, recreational, and open space opportunities.>
2-6 <(7) "Federal rehabilitation and recovery grants"
2-7 means matching grants made by the United States to or for political
2-8 subdivisions for the purpose of rebuilding, remodeling, expanding,
2-9 or developing existing outdoor or indoor parks, recreational, or
2-10 open space areas and facilities, including improvements in park
2-11 landscapes, buildings, and support facilities.>
2-12 <(8)> "Fund" means the Texas local parks<, recreation,
2-13 and open space> fund.
2-14 <(9) "Rural area" means any area not included in an
2-15 urban area.>
2-16 Sec. 24.002. TEXAS LOCAL PARKS FUND <ESTABLISHED>. The
2-17 Texas local parks<, recreation, and open space> fund is
2-18 <established> in the state treasury.
2-19 Sec. 24.003. Use of Fund. (a) <(A)> Appropriations from
2-20 the fund may be used by a municipality or county only to:
2-21 (1) acquire park land;
2-22 (2) acquire or construct park or recreation
2-23 facilities;
2-24 (3) pay salaries and benefits of persons employed to
2-25 plan, design, or construct a park or park or recreation facility;
2-26 (4) retire debt for new capital park projects on which
2-27 construction begins on or after September 1, 1993;
3-1 (5) purchase landscape plants, including trees,
3-2 shrubs, flowers, and grass, for parks or park or recreation
3-3 facilities; and
3-4 (6) acquire or construct support facilities for parks,
3-5 including restrooms and parking <for assistance grants under
3-6 Section 24.004 of this code, direct grants under Section 24.005 of
3-7 this code, and the uses permitted under Section 24.006 of this
3-8 code>.
3-9 (b) Money in the fund may not be spent for salaries or
3-10 benefits for employees who operate or maintain parks or park or
3-11 recreation facilities <The department is authorized to spend up to
3-12 20 percent of the amount of the fund appropriated each fiscal year
3-13 if adequate federal funds are not available for assistance grants,
3-14 matching grants, and direct expenditures for use in rural areas in
3-15 this state>.
3-16 Sec. 24.004. Administration of Fund <Assistance Grants>.
3-17 (a) The comptroller shall make periodic distributions from the
3-18 fund according to estimates of the entitlements as provided by
3-19 Section 24.005 of this code and determined from the amount of
3-20 revenue estimated to be received by or accrued to the fund. Before
3-21 October 1 of each year, the comptroller shall make a final
3-22 distribution of allocations for the preceding fiscal year in the
3-23 amounts necessary to satisfy the entitlements determined on the
3-24 actual receipts and accruals of the fund during the preceding year.
3-25 If any municipality or county receives more money for a fiscal year
3-26 than the actual amount of the municipality's or county's
3-27 entitlement determined on actual receipts and accruals for the
4-1 fiscal year, the amount of the excess may be deducted from the
4-2 succeeding year's distributions to that municipality or county <The
4-3 department may make grants of money from the fund to a political
4-4 subdivision for use by the political subdivision as all or part of
4-5 the subdivision's required share of funds for eligibility for
4-6 receiving a federal rehabilitation and recovery grant>.
4-7 (b) The comptroller annually may retain from money deposited
4-8 in the fund an amount equal to the comptroller's reasonable and
4-9 necessary costs of administering the fund <In order to receive a
4-10 grant under this section, the political subdivision seeking the
4-11 federal grant shall apply to the department for the grant and
4-12 present evidence that the political subdivision qualifies for the
4-13 federal grant>.
4-14 (c) The comptroller may adopt rules necessary to implement
4-15 this chapter, including rules relating to reports and report forms
4-16 <A grant under this section is conditioned on the political
4-17 subdivision qualifying for and receiving the federal grant>.
4-18 Sec. 24.005. Computation of Local Share <Direct State
4-19 Matching Grants>. A local share of money in the fund is an amount
4-20 equal to the product of a fraction, the numerator of which is the
4-21 total amount paid into the fund in the preceding fiscal year, less
4-22 the amount deducted under Section 24.004(b) of this code, and the
4-23 denominator of which is the total state population, and:
4-24 (1) for a municipality, the municipality's total
4-25 population; or
4-26 (2) for a county, the difference between the county's
4-27 total population and the total population of all municipalities in
5-1 that county <(a) The department may make grants of money from the
5-2 fund to a political subdivision to provide one-half of the costs of
5-3 the planning, acquisition, or development of a park, recreational
5-4 area, or open space area to be owned and operated by the political
5-5 subdivision.>
5-6 <(b) In establishing the program of grants under this
5-7 section, the department shall adopt those allocation formulas,
5-8 conditions for fund uses, and other procedural requirements, to the
5-9 extent not inconsistent with this chapter, as are provided for the
5-10 land and water conservation fund established by Section 460l-4,
5-11 Title 16, United States Code, and the rules and regulations for
5-12 grant assistance made from that fund.>
5-13 <(c) Money granted to a political subdivision under this
5-14 section may not be used for the operation and maintenance of parks,
5-15 recreational areas, and open space areas>.
5-16 Sec. 24.006. LOCAL PARK ACCOUNTS <ACQUISITION AND
5-17 DEVELOPMENT OF STATE PARKS>. Each county or municipality shall
5-18 deposit each distribution of its annual local share to the credit
5-19 of a separate special account called a local park account <The
5-20 department may acquire and develop a state park, recreational area,
5-21 open space area, or natural area with money appropriated from the
5-22 fund>.
5-23 Sec. 24.007. TRANSFER OF COUNTY'S LOCAL SHARE TO OTHER
5-24 ENTITY <FUND USE TO BE CONSISTENT WITH PLANS>. (a) The
5-25 commissioner's court of a county by order may authorize the
5-26 transfer of all or part of the county's annual local share of money
5-27 in the fund to a municipality, municipal utility district, or river
6-1 authority that is located completely within the county.
6-2 (b) The requirements of this chapter applicable to a county
6-3 or municipality that receives an annual local share paid to the
6-4 county or municipality by the comptroller apply in the same manner
6-5 to a municipality, municipal utility district, or river authority
6-6 that receives money from the fund from a county under this section
6-7 <No grant may be made under Section 24.005 of this code nor may
6-8 fund money be used under Section 24.006 of this code unless:>
6-9 <(1) there is a present or future need for the
6-10 acquisition and development of the property for which the grant is
6-11 requested or the use is proposed;>
6-12 <(2) the acquisition and development is consistent
6-13 with the local parks, recreational, and open space plan and the
6-14 Texas outdoor recreation plan; and>
6-15 <(3) a written statement is obtained from the regional
6-16 planning commission having jurisdiction of the area in which the
6-17 property is to be acquired and developed that the acquisition and
6-18 development is consistent with the local parks, recreational, and
6-19 open space plan most closely reflecting local needs>.
6-20 Sec. 24.008. RETURN OF UNSPENT LOCAL SHARE TO STATE PARKS
6-21 FUND. A county or municipality, or another government entity to
6-22 which a county has transferred all or part of its annual local
6-23 share under Section 24.007 of this code, shall return to the
6-24 comptroller for deposit to the credit of the state parks fund any
6-25 portion of the share paid to the county or municipality that the
6-26 county, municipality, or other government entity has not spent for
6-27 park or recreation purposes before the end of the fourth fiscal
7-1 year following the fiscal year for which the share was paid to the
7-2 county or municipality.
7-3 Sec. 24.009 <24.008>. Acquisition of Property. (a) No
7-4 property may be acquired by a county or municipality with <grant>
7-5 money from the fund <made under this chapter or by the department
7-6 under this chapter> if the purchase price exceeds the fair market
7-7 value of the property as determined by two independent appraisers.
7-8 (b) <A political subdivision may qualify for assistance in
7-9 acquiring property in advance of actual need for development if
7-10 presented with the opportunity to do so.>
7-11 <(c)> Property may be acquired with provision for a life
7-12 tenancy if that provision facilitates the orderly and expedient
7-13 acquisition of the property.
7-14 (c) <(d)> Property that is not to be developed for
7-15 recreational use for several years may be leased back to the owner
7-16 if the lessee's use of the property will not impair the character
7-17 of the property for the park or<,> recreational<, or open space>
7-18 purpose for which it was acquired. <The terms of the lease must be
7-19 approved in writing by the department.>
7-20 <(e) If land or water designated for park, recreational, or
7-21 open space use is included in the local and regional park,
7-22 recreational, and open space plans for two or more contiguous
7-23 jurisdictions and that land or water is also included in the Texas
7-24 outdoor recreation plan, the two or more jurisdictions may
7-25 cooperate under state law to secure assistance from the fund to
7-26 acquire or develop the property. In those cases, the department
7-27 must be assured that a cooperative management plan for the land or
8-1 water can be developed and effectuated.>
8-2 (d) <(f)> All land or water purchased with money
8-3 <assistance> from the fund shall be dedicated for park or<,>
8-4 recreational<, and open space> purposes in perpetuity and may not
8-5 be used for any other purpose, except where the use is compatible
8-6 with park or<,> recreational<, and open space> objectives<, and the
8-7 use is approved in advance by the department>.
8-8 Sec. 24.010 <24.009>. <PAYMENTS,> RECORDS<,> AND ACCOUNTING.
8-9 (a) <On the approval of a grant under this chapter and on the
8-10 written request by the director, the comptroller of public accounts
8-11 shall issue a warrant drawn against the fund and payable to the
8-12 political subdivision in the amount specified by the director.>
8-13 <(b)> Each county or municipality that receives an annual
8-14 local share of money from the fund <recipient of assistance> under
8-15 this chapter shall keep records as required by the comptroller
8-16 <department>, including records which fully disclose the amount and
8-17 the disposition of the proceeds by the recipient, the total cost of
8-18 an <the> acquisition, a copy of the title and deed for the property
8-19 acquired, the amount and nature of that portion of the cost of the
8-20 acquisition supplied by other funds, and other records that
8-21 facilitate effective audit. The <director and the> comptroller<,>
8-22 or the comptroller's <their> authorized representative
8-23 <representatives,> may examine any book, document, paper, and
8-24 record of the recipient that is <are> pertinent to a payment
8-25 <assistance> received under this chapter.
8-26 (b) <(c)> The county or municipality <recipient of funds
8-27 under this chapter> shall, on each anniversary of the date on which
9-1 the final distribution of an annual local share is received <of the
9-2 grant> for five years after the money is received <grant is made>,
9-3 furnish to the comptroller <department> a comprehensive report
9-4 detailing all expenditures of the money, the present and
9-5 anticipated use of any <the> property acquired, any contiguous
9-6 additions to the property, and any major changes in the character
9-7 of the property, including the extent of park development which may
9-8 have taken place.
9-9 Sec. 24.011 <24.010>. Annual Report. (a) The comptroller
9-10 <commission> shall report to the governor and legislature on
9-11 October 1 <August 31> of each year, or as soon as practicable, but
9-12 not later than the first Monday in November <October 1> of each
9-13 year, showing the condition of the fund. The report must contain:
9-14 (1) a statement of the amount of money deposited to
9-15 the credit of the fund for the year;
9-16 (2) a statement of the amount of money disbursed by
9-17 the comptroller to counties and municipalities <department for
9-18 department projects and for qualified political subdivision
9-19 projects> for the year;
9-20 (3) <a listing of political subdivisions that applied
9-21 for matching assistance from the fund, to include information for
9-22 each political subdivision that shows the amount of money applied
9-23 for, the scope of the proposed acquisition or development project,
9-24 and the priority assigned the application during department review;>
9-25 <(4) a listing of political subdivisions and state
9-26 parks which have received money from the fund, to include
9-27 information for each political subdivision and state park that
10-1 shows the amount of money, number of parks, recreational areas, and
10-2 open space areas, and number of acres acquired or developed by
10-3 park, recreational, or open space area and summed for each
10-4 political subdivision for the year;>
10-5 <(5)> a listing of counties and municipalities that
10-6 <political subdivisions which> have received <park, recreational,
10-7 and open space operation and maintenance> money from the fund and
10-8 of government entities to which money from the fund has been
10-9 transferred under Section 24.007 of this code, to include
10-10 information for each county, municipality, or other entity
10-11 <subdivision> which shows the amount of money allocated, amount of
10-12 money spent, and general statements on how the county,
10-13 municipality, or other entity <political subdivision> used the
10-14 money <for maintenance>;
10-15 (4) <(6)> a statement of the amount of money annually
10-16 returned to the comptroller for deposit to the credit of the state
10-17 parks fund under Section 24.008 of this code <deposited to the
10-18 credit of the fund that was not disbursed during the year and the
10-19 reason for nondisbursement>; and
10-20 (5) <(7)> a statement of any significant problems
10-21 encountered in administering the fund, with recommendations for
10-22 their solution.
10-23 (b) The annual report on the fund may be included as a
10-24 portion of the comptroller's <department's> annual report to the
10-25 governor.
10-26 Sec. 24.012 <24.011>. Noncompliance With Act. The attorney
10-27 general shall file suit in a court of competent jurisdiction
11-1 against a county, municipality, or other government entity that
11-2 receives money from the fund under this chapter <political
11-3 subdivision> that fails to comply with the requirements of this
11-4 chapter to recover the full amount of the money received <grant>
11-5 plus interest on that amount of five percent a year accruing from
11-6 the time of noncompliance or for injunctive relief to require
11-7 compliance with this chapter. If the court finds that the county,
11-8 municipality, or other entity <political subdivision> has not
11-9 complied with the requirements of this chapter, it is not eligible
11-10 to receive money from the fund <for further participation in the
11-11 program> for three years following the finding for noncompliance.
11-12 Sec. 24.013 <24.012>. FUND NOT TO BE USED FOR PUBLICITY. No
11-13 money credited to the fund may be used for publicity or related
11-14 purposes.
11-15 Sec. 24.014 <24.013>. AUTHORITY OF POLITICAL SUBDIVISIONS TO
11-16 HAVE PARKS. This chapter does not authorize a political
11-17 subdivision to acquire, develop, maintain, or operate a park or
11-18 park or recreation facility<, recreational area, open space area,
11-19 or natural area>.
11-20 SECTION 2. Section 154.603(b), Tax Code, is amended to read
11-21 as follows:
11-22 (b) The revenue remaining after the deductions for the
11-23 purposes provided by Section 154.602 of this code and allocation
11-24 under Subsection (a) of this section is allocated:
11-25 (1) 50 cents per 1,000 cigarettes to the state parks
11-26 fund;
11-27 (2) 50 cents per 1,000 cigarettes to the local parks<,
12-1 recreation and open space> fund; and
12-2 (3) the remainder to the general revenue fund.
12-3 SECTION 3. On the effective date of this Act unencumbered
12-4 money credited to the local parks, recreation, and open space fund
12-5 is transferred to the local parks fund.
12-6 SECTION 4. This Act takes effect September 1, 1993.
12-7 SECTION 5. The importance of this legislation and the
12-8 crowded condition of the calendars in both houses create an
12-9 emergency and an imperative public necessity that the
12-10 constitutional rule requiring bills to be read on three several
12-11 days in each house be suspended, and this rule is hereby suspended.