1-1 By: Johnson, Patterson, Turner of Coleman H.B. No. 1704
1-2 (Senate Sponsor - Zaffirini)
1-3 (In the Senate - Received from the House May 5, 1993;
1-4 May 6, 1993, read first time and referred to Committee on Natural
1-5 Resources; May 14, 1993, reported favorably by the following vote:
1-6 Yeas 9, Nays 0; May 14, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the generation of revenue for the Parks and Wildlife
1-23 Department by credit card fees and the lease of grazing rights and
1-24 sale of certain products grown on park lands.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 11.027, Parks and Wildlife Code, is
1-27 amended by adding Subsection (d) to read as follows:
1-28 (d) The commission may set and charge a fee for the use of a
1-29 credit card to pay a fee assessed by the department in an amount
1-30 reasonable and necessary to reimburse the department for the costs
1-31 involved in the use of the card. The department shall deposit the
1-32 money in the state treasury.
1-33 SECTION 2. Section 13.0061, Parks and Wildlife Code, is
1-34 amended to read as follows:
1-35 Sec. 13.0061. LEASE OF GRAZING <OR FARMING> RIGHTS ON PARK
1-36 LANDS; SALE OF PRODUCTS. (a) The department may lease grazing
1-37 rights on any state park or any area of a state park. The
1-38 department may harvest and sell, or sell in place, any timber, hay,
1-39 or other product grown on state park land the department finds to
1-40 be in excess of natural resource management programming needs.
1-41 Timber may be harvested only for forest pest management, salvage,
1-42 or habitat restoration and under good forestry practices with the
1-43 advice of the Texas Forest Service <for the purpose of grazing
1-44 livestock or growing agricultural crops>.
1-45 (b) The department may agree to accept materials, supplies,
1-46 or services instead of money as part or full payment for a sale or
1-47 lease under this section. The department may not assign to the
1-48 materials, supplies, or services accepted as payment under this
1-49 subsection a value that exceeds their actual market value
1-50 <livestock instead of money as payment for grazing rights granted
1-51 under this section. If the department accepts livestock as
1-52 payment, the department shall sell the livestock for its fair
1-53 market value>.
1-54 (c) Except for consideration accepted under Subsection (b)
1-55 of this section, all <The department may agree to accept crops
1-56 instead of money as payment for farming rights granted under this
1-57 section. If the department accepts crops as payment, the
1-58 department shall either sell the crop for its fair market value or
1-59 shall utilize the crop in any state park.>
1-60 <(d) All> revenue derived from a lease or <from the> sale
1-61 <of livestock or crops> under this section shall be deposited in
1-62 the state treasury to the credit of the state parks fund.
1-63 SECTION 3. (a) A fee charged by the department for the use
1-64 of a credit card under Section 11.027(d), Parks and Wildlife Code,
1-65 as added by this Act, applies only to a credit card purchase on or
1-66 after the effective date of this Act.
1-67 (b) The change in law made by Section 13.0061, Parks and
1-68 Wildlife Code, as amended by this Act, applies only to a lease or
2-1 agreement made by the department on or after the effective date of
2-2 this Act. A lease that was in effect or an agreement made by the
2-3 department to accept livestock or crops as payment for a lease
2-4 before the effective date of this Act is covered by the law as it
2-5 existed on the date the lease or agreement was made, and the former
2-6 law is continued in effect for that purpose.
2-7 SECTION 4. This Act takes effect September 1, 1993.
2-8 SECTION 5. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *
2-14 Austin,
2-15 Texas
2-16 May 14, 1993
2-17 Hon. Bob Bullock
2-18 President of the Senate
2-19 Sir:
2-20 We, your Committee on Natural Resources to which was referred H.B.
2-21 No. 1704, have had the same under consideration, and I am
2-22 instructed to report it back to the Senate with the recommendation
2-23 that it do pass and be printed.
2-24 Sims,
2-25 Chairman
2-26 * * * * *
2-27 WITNESSES
2-28 FOR AGAINST ON
2-29 ___________________________________________________________________
2-30 Name: Ron Holliday x
2-31 Representing: Tx Parks & Wildlife Dept.
2-32 City: Austin
2-33 -------------------------------------------------------------------
2-34 Name: Kemp Long x
2-35 Representing: Tx Parks & Wildlife
2-36 City: Austin
2-37 -------------------------------------------------------------------