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.