H.B. No. 1704
1-1 AN ACT
1-2 relating to the generation of revenue for the Parks and Wildlife
1-3 Department by credit card fees and the lease of grazing rights and
1-4 sale of certain products grown on park lands.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.027, Parks and Wildlife Code, is
1-7 amended by adding Subsection (d) to read as follows:
1-8 (d) The commission may set and charge a fee for the use of a
1-9 credit card to pay a fee assessed by the department in an amount
1-10 reasonable and necessary to reimburse the department for the costs
1-11 involved in the use of the card. The department shall deposit the
1-12 money in the state treasury.
1-13 SECTION 2. Section 13.0061, Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 Sec. 13.0061. LEASE OF GRAZING <OR FARMING> RIGHTS ON PARK
1-16 LANDS; SALE OF PRODUCTS. (a) The department may lease grazing
1-17 rights on any state park or any area of a state park. The
1-18 department may harvest and sell, or sell in place, any timber, hay,
1-19 or other product grown on state park land the department finds to
1-20 be in excess of natural resource management programming needs.
1-21 Timber may be harvested only for forest pest management, salvage,
1-22 or habitat restoration and under good forestry practices with the
1-23 advice of the Texas Forest Service <for the purpose of grazing
1-24 livestock or growing agricultural crops>.
2-1 (b) The department may agree to accept materials, supplies,
2-2 or services instead of money as part or full payment for a sale or
2-3 lease under this section. The department may not assign to the
2-4 materials, supplies, or services accepted as payment under this
2-5 subsection a value that exceeds their actual market value
2-6 <livestock instead of money as payment for grazing rights granted
2-7 under this section. If the department accepts livestock as
2-8 payment, the department shall sell the livestock for its fair
2-9 market value>.
2-10 (c) Except for consideration accepted under Subsection (b)
2-11 of this section, all <The department may agree to accept crops
2-12 instead of money as payment for farming rights granted under this
2-13 section. If the department accepts crops as payment, the
2-14 department shall either sell the crop for its fair market value or
2-15 shall utilize the crop in any state park.>
2-16 <(d) All> revenue derived from a lease or <from the> sale
2-17 <of livestock or crops> under this section shall be deposited in
2-18 the state treasury to the credit of the state parks fund.
2-19 SECTION 3. (a) A fee charged by the department for the use
2-20 of a credit card under Section 11.027(d), Parks and Wildlife Code,
2-21 as added by this Act, applies only to a credit card purchase on or
2-22 after the effective date of this Act.
2-23 (b) The change in law made by Section 13.0061, Parks and
2-24 Wildlife Code, as amended by this Act, applies only to a lease or
2-25 agreement made by the department on or after the effective date of
2-26 this Act. A lease that was in effect or an agreement made by the
2-27 department to accept livestock or crops as payment for a lease
3-1 before the effective date of this Act is covered by the law as it
3-2 existed on the date the lease or agreement was made, and the former
3-3 law is continued in effect for that purpose.
3-4 SECTION 4. This Act takes effect September 1, 1993.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.