By: Montford S.B. No. 960
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment of a Texas parks and wildlife trust
1-2 fund and the allocation of certain revenue from the limited sales,
1-3 excise, and use tax act to the Parks and Wildlife Department.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 11, Parks and Wildlife
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER C. SPECIAL FUNDS AND ACCOUNTS
1-8 Sec. 11.031. TEXAS PARKS AND WILDLIFE TRUST <GAME, FISH, AND
1-9 WATER SAFETY> FUND. There is in the state treasury a <special>
1-10 fund called the Texas parks and wildlife trust <"game, fish, and
1-11 water safety> fund.<"> The comptroller may not merge, consolidate,
1-12 or segregate the Texas Parks and Wildlife Trust Fund with another
1-13 Fund group.
1-14 Sec. 11.032. GAME, FISH, AND WATER SAFETY ACCOUNT;
1-15 <FUND> SOURCES. (a) The game, fish, and water safety account is
1-16 a separate account in the Texas parks and wildlife trust fund.
1-17 (b) The department shall deposit to the credit of the game,
1-18 fish, and water safety account <fund> all revenue, less allowable
1-19 costs, from the following sources:
1-20 (1) all types of fishing licenses and stamps and
1-21 shrimping licenses;
1-22 (2) all types of hunting licenses and stamps;
1-23 (3) trapping licenses and other licenses relating to
2-1 the taking, propagation, and sale of fur-bearing animals or their
2-2 pelts;
2-3 (4) sale of marl, sand, gravel, shell, and mudshell;
2-4 (5) oyster bed rentals and permits;
2-5 (6) federal funds received for fish and wildlife
2-6 research, management, development and conservation, resource
2-7 protection, and law enforcement <research and development of
2-8 commercial fisheries and state funds appropriated for this
2-9 purpose>;
2-10 (7) sale of property, less advertising costs,
2-11 purchased from this account <fund> or a special fund or account
2-12 that is now part of this account <fund>;
2-13 (8) fines and penalties collected for violations of a
2-14 law pertaining to the protection and conservation of wild birds,
2-15 wild fowl, wild animals, fish, shrimp, oysters, game birds and
2-16 animals, fur-bearing animals, alligators, and any other wildlife
2-17 resources of this state;
2-18 (9) sale of rough fish by the department;
2-19 (10) fees for importation permits;
2-20 (11) fees from supplying fish for or placing fish in
2-21 water located on private property;
2-22 (12) sale of seized pelts;
2-23 (13) sale or lease of grazing rights to and the
2-24 products from game preserves, sanctuaries, and management areas;
2-25 (14) contracts for the removal of fur-bearing animals
3-1 and reptiles from wildlife management areas;
3-2 (15) motorboat registration fees;
3-3 (16) motorboat manufacturer or dealer registration
3-4 fee;
3-5 (17) fines or penalties imposed by a court for
3-6 violation of water safety laws contained in Chapter 31 of this
3-7 code;
3-8 (18) alligator hunter's or alligator buyer's licenses;
3-9 (19) sale of alligators or any part of an alligator by
3-10 the department;
3-11 (20) fees and revenue collected under Section
3-12 11.027(b) or (c) of this code that are associated with the
3-13 conservation of fish and wildlife; and
3-14 (21) any other source provided by law.
3-15 Sec. 11.033. USE OF GAME, FISH, AND WATER SAFETY ACCOUNT
3-16 <FUND>. Money in the <The> game, fish, and water safety account
3-17 <fund> may be used for the following purposes <only>:
3-18 (1) enforcement of fish, shrimp, and oyster laws, game
3-19 laws, and laws pertaining to sand, shell, and gravel;
3-20 (2) dissemination of information pertaining to marine
3-21 life, wild animal life, wildlife values, and wildlife management;
3-22 (3) scientific investigation and survey of marine life
3-23 for the better protection and conservation of marine life;
3-24 (4) establishment and maintenance of fish hatcheries,
3-25 fish sanctuaries, tidal water fish passes, wildlife management
4-1 areas, and public hunting grounds;
4-2 (5) propagation and distribution of marine life, game
4-3 animals, and wild birds;
4-4 (6) protection of wild birds, fish, and game;
4-5 (7) purchase, repair, and operation of boats and
4-6 dredges;
4-7 (8) research, management, and protection of the fish
4-8 and wildlife resources of this state, including alligators and
4-9 fur-bearing animals;
4-10 (9) salaries of employees and other expenses necessary
4-11 to carry out the duties of the department under laws relating to
4-12 fish, shrimp, oysters, game, water safety, and sand, shell, and
4-13 gravel;
4-14 (10) expansion and development of additional
4-15 opportunities of hunting and fishing in state-owned land and water;
4-16 (11) removing rough fish from public water;
4-17 (12) construction and maintenance of artificial reefs
4-18 under Section 12.016 of this <the> code;
4-19 (13) administration and enforcement of the water
4-20 safety laws as set out in Chapter 31 of this code;
4-21 (14) purchasing all necessary forms and supplies,
4-22 including reimbursement of the department for any material produced
4-23 by its existing facilities or work performed by other divisions of
4-24 the department;
4-25 (15) purchase, construction, and maintenance of boat
5-1 ramps on or near public waters as provided in Chapter 31 of this
5-2 code;
5-3 (16) resource protection activities; and
5-4 (17) any other use provided by law.
5-5 Sec. 11.034. GAME, FISH, AND WATER SAFETY ACCOUNT <FUND>
5-6 EXPENDITURES. All expenditures of the department from the game,
5-7 fish, and water safety account <fund> must be approved by the
5-8 director. The comptroller shall draw a warrant on the state
5-9 treasury from the Texas parks and wildlife trust fund credited
5-10 against the game, fish, and water safety account <fund> for the
5-11 amount of the expenditure in favor of the person claiming the
5-12 expenditure.
5-13 Sec. 11.035. STATE PARKS ACCOUNT <FUND>. (a) The state
5-14 parks account is a separate account in the Texas parks and Wildlife
5-15 trust fund. <There is in the state treasury a special fund called
5-16 the "state parks fund.">
5-17 (b) The department shall deposit to the credit of the state
5-18 parks account <fund> all revenue, less allowable costs, received
5-19 from the following sources:
5-20 (1) grants or operation of concessions in state parks
5-21 or fishing piers;
5-22 (2) publications on state parks, state historic sites,
5-23 or state scientific areas;
5-24 (3) fines or penalties received from violations of
5-25 regulations governing parks issued pursuant to Subchapter B,
6-1 Chapter 13, of this code;
6-2 (4) fees and revenue collected under Section 11.027(b)
6-3 or (c) of this code that are associated with state park lands;
6-4 <and>
6-5 (5) $1,125,000 per month and 40 percent of the amount
6-6 above $27,000,000 per year of credits made to the Texas parks and
6-7 Wildlife trust fund under Section 151.801, Tax Code; and
6-8 (6) any other source provided by law.
6-9 Sec. 11.037. STATE LAND AND WATER CONSERVATION ACCOUNT
6-10 <FUND>. (a) The <There is in the state treasury a special fund
6-11 called the ">state land and water conservation account is a
6-12 separate account in the Texas parks and wildlife trust fund.<">
6-13 (b) The department shall deposit in the state land and water
6-14 conservation account <fund> all revenue received from the federal
6-15 government or any other source for the purpose of administering
6-16 programs authorized under Sections 13.301 through 13.311 of this
6-17 code.
6-18 (c) The state land and water conservation account <fund> may
6-19 be used for paying the cost of planning, acquisition, operation,
6-20 and development of outdoor recreation resources of the state and
6-21 the administrative expenses incident to the projects or programs
6-22 authorized under Sections 13.301 through 13.311 of this code.
6-23 Sec. 11.038. OPERATING ACCOUNT <FUND>. (a) The <There is a
6-24 fund in the state treasury called the ">parks and wildlife
6-25 operating account is a separate account in the Texas parks and
7-1 wildlife trust fund.<">
7-2 (b) The commission may transfer any funds appropriated to
7-3 the department for personal services, travel, consumable supplies
7-4 and materials, current operating expenses, and capital outlay, as
7-5 these terms are used in the comptroller's object classification
7-6 codes of the general appropriations act. All expenditures by the
7-7 department from this account <fund> shall be made only for the
7-8 purposes for which appropriations are made in the general
7-9 appropriations act.
7-10 (c) The parks and wildlife operating account <fund> shall be
7-11 used for the purposes specified by law and nothing may be done by
7-12 any officer or employee of the department or commission to divert
7-13 or jeopardize the account <fund> or any portion of the account
7-14 <fund>, including any federal aid the department receives or
7-15 administers.
7-16 Sec. 11.040. MISTAKEN DEPOSIT. (a) Any funds deposited in
7-17 the state treasury by the department by mistake of fact or mistake
7-18 of law shall be refunded by warrant issued against the fund and
7-19 credited against the account in the state treasury into which the
7-20 money was deposited. Refunds necessary to make the proper
7-21 correction shall be appropriated by the general appropriations act.
7-22 (b) The comptroller may require written evidence from the
7-23 director of the department to indicate the reason for the mistake
7-24 of fact or law before issuing the refund warrant authorized in
7-25 Subsection (a) of this section.
8-1 (c) This section does not apply to any funds that have been
8-2 deposited under a written contract or to any funds on deposit as of
8-3 June 8, 1971, which are the subject of litigation in any of the
8-4 courts of this state or the United States.
8-5 Sec. 11.041. TRANSFER OF PROPERTY. (a) The commission may
8-6 transfer tangible property, other than money or real estate held
8-7 for limited purposes, from one division of the department to
8-8 another division.
8-9 (b) If the property to be transferred was acquired with
8-10 funds the use of which is limited by law or dedicated in any other
8-11 manner, and the prospective use of the property is different from
8-12 the use allowed by law, the department shall transfer from
8-13 available funds to the fund or account from which the property was
8-14 acquired the value of the property at the time of the transfer.
8-15 Sec. 11.042. FUNDS DEPOSITED IN TREASURY. All money paid to
8-16 the department under this code or allocated to the Texas parks and
8-17 wildlife trust fund under Section 151.801, Tax Code, other than
8-18 money received under Subchapter C, Chapter 12, or Chapter 21 of
8-19 this code, shall be deposited in the State Treasury and may be used
8-20 only for the administration of this code.
8-21 Sec. 11.043. TEXAS PARKS AND WILDLIFE CAPITAL ACCOUNT.
8-22 (a) The Texas parks and wildlife capital account is a separate
8-23 account in the Texas parks and wildlife trust fund.
8-24 (b) The account consists of the amount of credits made to
8-25 the Texas parks and wildlife trust fund under Section 151.801, Tax
9-1 Code after allocations to the State Parks Account and the Texas
9-2 Recreation and Parks Account or any other source authorized by law.
9-3 (c) Money in the account may be spent only for acquisition
9-4 and development of parks, fisheries and wildlife projects which
9-5 have been individually approved by the Parks and Wildlife
9-6 Commission. Projects which directly provide hunting, fishing, and
9-7 outdoor recreation opportunity to the public shall be given
9-8 preference for funding under this section. Approved projects may
9-9 include:
9-10 (1) acquiring land or facilities for use in any
9-11 department program;
9-12 (2) developing and improving any land or facility
9-13 owned or controlled by the department;
9-14 (3) servicing the debt on Texas park development bonds
9-15 issued under Article III, Section 49-e, of the Texas Constitution
9-16 or any bonds issued in the future for parks, fisheries or wildlife
9-17 projects; and
9-18 (4) local park grants in Chapter 24 of this code.
9-19 (d) The treasurer may invest money in the account.
9-20 Sec. 11.044. DISPOSITION OF INTEREST ON INVESTMENTS.
9-21 (a) Interest received from the investment of money in all accounts
9-22 in the Texas parks and wildlife trust fund in charge of the
9-23 treasurer shall be allocated monthly to each account in an amount
9-24 proportionate to the amount of money invested from the account.
9-25 (b) The treasurer may retain from the interest to be
10-1 allocated monthly an amount equal to the necessary administrative
10-2 costs of making the allocations.
10-3 Sec. 11.045. APPLICATION OF OTHER LAW. Sections 403.094 and
10-4 403.095, Government Code, do not apply to a fund or account
10-5 established under this chapter.
10-6 SECTION 2. The title to Subchapter D., Chapter 11, Parks and
10-7 Wildlife Code, is amended to read as follows:
10-8 SUBCHAPTER D. SPECIAL NONGAME AND ENDANGERED SPECIES
10-9 CONSERVATION ACCOUNT <FUND>
10-10 SECTION 3. Section 11.052, Parks and Wildlife Code, is
10-11 amended to read as follows:
10-12 Sec. 11.052. SPECIAL NONGAME AND ENDANGERED SPECIES
10-13 CONSERVATION ACCOUNT <FUND>. The <There is in the state treasury a
10-14 special fund call the ">special nongame and endangered species
10-15 conservation account is a separate account in the Texas parks and
10-16 wildlife trust fund.<">
10-17 SECTION 4. Section 11.053, Parks and Wildlife Code, is
10-18 amended to read as follows:
10-19 Sec. 11.053. SOURCES OF ACCOUNT <FUND>. (a) The department
10-20 shall deposit to the credit of the special nongame and endangered
10-21 species conservation account <fund> all money received from:
10-22 (1) private contributions, grants, and donations made
10-23 to the special nongame and endangered species conservation account
10-24 <fund>;
10-25 (2) the net proceeds from the sale under this chapter
11-1 of wildlife art prints, decals, and stamps;
11-2 (3) interest income from the investment of money
11-3 collected under this section; and
11-4 (4) income from entrance fees, easements, mineral
11-5 leases, grazing leases, and sale of products from lands purchased
11-6 with funds from the special nongame and endangered species
11-7 conservation account <fund>.
11-8 (b) The department may accept private contributions, grants,
11-9 and donations made to the special nongame and endangered species
11-10 conservation account <fund>.
11-11 SECTION 5. Section 11.054, Parks and Wildlife Code, is
11-12 amended to read as follows:
11-13 Sec. 11.054. USES OF ACCOUNT <FUND>. Money in the
11-14 <(a) The> special nongame and endangered species conservation
11-15 account <fund> may be used <only> for the following purposes:
11-16 (1) dissemination of information pertaining to nongame
11-17 and endangered species conservation, management, and values;
11-18 (2) scientific investigation and survey of nongame and
11-19 endangered species for better protection and conservation;
11-20 (3) propagation, distribution, protection, and
11-21 restoration of nongame and endangered species;
11-22 (4) research and management of nongame and endangered
11-23 species;
11-24 (5) development of habitats for nongame and endangered
11-25 species;
12-1 (6) acquisition of habitats for nongame and endangered
12-2 species; and
12-3 (7) matching of funds available to the department
12-4 under federal programs for projects and activities authorized under
12-5 this section.
12-6 <(b) Appropriations from the special nongame and endangered
12-7 species conservation fund are supplemental, and other funds may be
12-8 appropriated for the purposes for which the fund was established.>
12-9 SECTION 6. Subchapter E, Chapter 11, Parks and Wildlife
12-10 Code, is amended to read as follows:
12-11 SUBCHAPTER E. LIFETIME LICENSE ENDOWMENT ACCOUNT <FUND>
12-12 Sec. 11.061. LIFETIME LICENSE ENDOWMENT ACCOUNT <FUND>. The
12-13 <There is within the State Treasury a special fund called the>
12-14 lifetime license endowment account is a separate account in the
12-15 Texas parks and wildlife trust fund.
12-16 Sec. 11.062. SOURCES OF ACCOUNT <FUND>. (a) The department
12-17 shall deposit to the credit of the lifetime license endowment
12-18 account <fund> all money received from:
12-19 (1) lifetime hunting, fishing, or combination
12-20 licenses;
12-21 (2) private contributions, grants, and donations made
12-22 for purposes of this subchapter;
12-23 (3) interest income from the investment of money
12-24 collected under this section; and
12-25 (4) any other source provided by law.
13-1 (b) The department may accept private contributions, grants,
13-2 and donations made to the lifetime license endowment account
13-3 <fund>.
13-4 Sec. 11.063. USES OF ACCOUNT <FUND>. <(a)> Interest earned
13-5 on the lifetime license endowment account <fund> may be used only
13-6 to:
13-7 (1) acquire public hunting and fishing areas; and
13-8 (2) develop, manage, and repair public hunting and
13-9 fishing areas.
13-10 Sec. 11.064. Restrictions. No expenditures shall be made
13-11 from the principal of the lifetime license endowment account <fund>
13-12 except as provided by law.
13-13 Sec. 11.065. Investments. The commission shall adopt rules
13-14 for the investment of the lifetime license endowment account
13-15 <fund>.
13-16 SECTION 7. Section 11.072(c), Parks and Wildlife Code, is
13-17 amended to read as follows:
13-18 (c) Reasonable attorney's fees shall also be recoverable,
13-19 with reimbursement to the operating fund or account from which the
13-20 expenditure occurred.
13-21 SECTION 8. Section 11.073, Parks and Wildlife Code, is
13-22 amended to read as follows:
13-23 Sec. 11.073. DISPOSITION OF CIVIL PENALTIES. All civil
13-24 penalties recovered in suits under this subchapter shall be paid to
13-25 the appropriate fund or account of the department.
14-1 SECTION 9. Section 12.006(d), Parks and Wildlife Code, is
14-2 amended to read as follows:
14-3 (d) Money received under this section shall be deposited in
14-4 the State Treasury to the credit of the fund or account from which
14-5 expenses for the publication were paid.
14-6 SECTION 10. Section 12.008(d), Parks and Wildlife Code, is
14-7 amended to read as follows:
14-8 (d) All money derived from a sale or lease under this
14-9 section shall be deposited in the state treasury to the credit of
14-10 the game, fish, and water safety account <fund>.
14-11 SECTION 11. Section 12.109(b), Parks and Wildlife Code, is
14-12 amended to read as follows:
14-13 (b) The confiscated aquatic life shall be sold to the
14-14 highest of three bidders. The proceeds of the sale shall be
14-15 deposited in the state treasury to the credit of suspense account
14-16 <fund> No. 900 pending the outcome of the action taken against the
14-17 person charged with illegal possession.
14-18 SECTION 12. Section 12.1106(f), Parks and Wildlife Code, is
14-19 amended to read as follows:
14-20 (f) The department shall deposit money received under this
14-21 section in the state treasury to the credit of the game, fish, and
14-22 water safety account <fund>.
14-23 SECTION 13. Section 12.307, Parks and Wildlife Code, is
14-24 amended to read as follows:
14-25 Sec. 12.307. DISPOSITION OF RECOVERY. (a) Any damages for
15-1 injury to fish, shellfish, reptiles, amphibians, birds, or animals
15-2 recovered in a suit brought by the attorney general shall be
15-3 deposited to the credit of the game, fish, and water safety account
15-4 <fund>.
15-5 (b) Fifty percent of any damages for injury to fish,
15-6 shellfish, reptiles, amphibians, birds, or animals recovered in a
15-7 suit brought by a county attorney shall be deposited in the general
15-8 fund of the county. The remainder shall be deposited to the credit
15-9 of the game, fish, and water safety account <fund>.
15-10 SECTION 14. Section 12.507(e), Parks and Wildlife Code, is
15-11 amended to read as follows:
15-12 (e) Civil penalties received by the department under this
15-13 section shall be deposited to the credit of the game, fish, and
15-14 water safety account <fund>.
15-15 SECTION 15. Section 13.004(a), Parks and Wildlife Code, is
15-16 amended to read as follows:
15-17 (a) The operation, maintenance, and improvement of state
15-18 parks shall be financed from the general revenue fund, the state
15-19 parks account <fund>, other funds or accounts that may be
15-20 authorized by law, and donations, grants, and gifts received by the
15-21 department for these purposes.
15-22 SECTION 16. Section 13.0061(d), Parks and Wildlife Code, is
15-23 amended to read as follows:
15-24 (d) All revenue derived from a lease or from the sale of
15-25 livestock or crops under this section shall be deposited in the
16-1 state treasury to the credit of the state parks account <fund>.
16-2 SECTION 17. Section 13.015(c), Parks and Wildlife Code, is
16-3 amended to read as follows:
16-4 (c) The department shall deposit any revenue received from
16-5 the contracts, user fees, or operations authorized by this section
16-6 in the state treasury to the credit of the state parks account
16-7 <fund>.
16-8 SECTION 18. Section 13.017(d), Parks and Wildlife Code, is
16-9 amended to read as follows:
16-10 (d) Money received under this section shall be deposited in
16-11 the State Treasury to the credit of the fund or account from which
16-12 expenses for the publication were paid.
16-13 SECTION 19. Section 13.310(c), Parks and Wildlife Code, is
16-14 amended to read as follows:
16-15 (c) The department shall deposit all funds received for the
16-16 development of outdoor recreation resources in the state treasury
16-17 to the credit of the state land and water conservation account
16-18 <fund>.
16-19 SECTION 20. Section 21.108, Parks and Wildlife Code, is
16-20 amended to read as follows:
16-21 Sec. 21.108. Interest and Sinking Fund: Final Transfer.
16-22 After all bonds have been paid, the balance of the interest and
16-23 sinking fund shall be transferred to the state parks account
16-24 <fund>.
16-25 SECTION 21. Section 22.059, Parks and Wildlife Code, is
17-1 amended to read follows:
17-2 Sec. 22.059. DISPOSITION OF FUNDS. Money received from the
17-3 sale of timber or iron ore from the land in the park shall be
17-4 placed in the state treasury to the credit of the state parks
17-5 account <fund>.
17-6 SECTION 22. Section 22.076, Parks and Wildlife Code, is
17-7 amended to read as follows:
17-8 Sec. 22.076. Disposition of Funds. Money received from the
17-9 sale of timber cut from the park shall be placed in the state
17-10 treasury to the credit of the state parks account <fund>.
17-11 SECTION 23. Section 22.095, Parks and Wildlife Code, is
17-12 amended to read as follows:
17-13 Sec. 22.095. Disposition of Funds. Money received from the
17-14 sale of timber cut from the park shall be placed in the state
17-15 treasury to the credit of the state parks account <fund>.
17-16 SECTION 24. Section 22.182(a), Parks and Wildlife Code, is
17-17 amended to read as follows:
17-18 (a) Except as provided in Subsection (b) of this section,
17-19 the department may operate any part of the Texas State Railroad as
17-20 a part of the state parks system for park and recreational
17-21 purposes. All revenues collected from leases or concessions shall
17-22 be deposited in the state treasury to the credit of the state parks
17-23 account <fund>.
17-24 SECTION 25. Section 22.184(d), Parks and Wildlife Code, is
17-25 amended to read as follows:
18-1 (d) All revenue received under this section shall be
18-2 deposited in the state treasury to the credit of the state parks
18-3 account <fund>.
18-4 SECTION 26. Section 22.222(c), Parks and Wildlife Code, is
18-5 amended to read as follows:
18-6 (c) The department shall acquire the land with money from
18-7 the Texas Park Development Fund, or any fund or account created to
18-8 finance the acquisition of state parks.
18-9 SECTION 27. Section 23.014(b), Parks and Wildlife Code, is
18-10 amended to read as follows:
18-11 (b) Unless reversion is waived by the legislature during the
18-12 biennium following the happening of a condition of reversion, all
18-13 state-owned land conveyed to the United States for the creation of
18-14 the Padre Island national Seashore reverts to the state and to the
18-15 fund or account to which it belonged before conveyance if:
18-16 (1) the United States fails to acquire two-thirds of
18-17 all privately owned land in the area described by Section 1,
18-18 Chapter 38, Acts of the 58th Legislature, 1963, within 10 years
18-19 after the date that the state-owned land was acquired; or
18-20 (2) the United States fails to use as a national
18-21 seashore the privately owned land it has acquired.
18-22 SECTION 28. Section 24.001(8), Parks and Wildlife Code, is
18-23 amended to read as follows:
18-24 (8) "Account" <"Fund"> means the Texas <local parks,>
18-25 recreation<, and open space> and parks account <fund>.
19-1 SECTION 29. Section 24.002, Parks and Wildlife Code, is
19-2 amended to read as follows:
19-3 Sec. 24.002, TEXAS RECREATION AND PARKS ACCOUNT <FUND
19-4 ESTABLISHED>. The Texas <local parks,> recreation<, and open
19-5 space> and Parks account <fund> is a separate account <established>
19-6 in the Texas parks and wildlife trust fund <state treasury>.
19-7 SECTION 30. Section 24.003, Parks and Wildlife Code, is
19-8 amended to read as follows:
19-9 Sec. 24.003. ACCOUNT REVENUE SOURCE. The department shall
19-10 deposit to the credit of the Texas Recreation and Parks Account;
19-11 (a) $1,125,000 per month and 40 percent of the amount above
19-12 $27,000,000 per year of credits made to the Texas Parks and
19-13 Wildlife Trust fund under Section 151.801, Tax Code; or
19-14 (b) any other source authorized by law. <USE OF FUND.
19-15 (a) Appropriations from the fund may be used only for assistance
19-16 grants under Section 24.004 of this code, direct grants under
19-17 Section 24.005 of this code, and the uses permitted under Section
19-18 24.006 of this code.>
19-19 <(b) The department is authorized to spend up to 20 percent
19-20 of the amount of the fund appropriated each fiscal year if adequate
19-21 federal funds are not available for assistance grants, matching
19-22 grants, and direct expenditures for use in rural areas in this
19-23 state.>
19-24 SECTION 31. Section 24.004(a), Parks and Wildlife Code, is
19-25 amended to read as follows:
20-1 (a) The department may make grants of money from the account
20-2 <fund> to a political subdivision for use by the political
20-3 subdivision as all or part of the subdivision's required share of
20-4 funds for eligibility for receiving a federal rehabilitation and
20-5 recovery grant.
20-6 SECTION 32. Section 24.005, Parks and Wildlife Code, is
20-7 amended to read as follows:
20-8 Sec. 24.005. Direct State Matching Grants. (a) The
20-9 department shall <may> make grants of money from the account <fund>
20-10 to a political subdivision to provide one-half of the costs of the
20-11 planning, acquisition, or development of a park, recreational area,
20-12 or open space area to be owned and operated by the political
20-13 subdivision.
20-14 (b) In establishing the program of grants under this
20-15 section, the department shall adopt <those allocation formulas,
20-16 conditions for fund uses, and other procedural requirements, to the
20-17 extent not inconsistent with this chapter, as are provided for the
20-18 land and water conservation fund established by Section 460l-4,
20-19 Title 16, United States Code, and the> rules and regulations for
20-20 grant assistance <made from that fund>.
20-21 (c) Money granted to a political subdivision under this
20-22 section may not be used for the operation and maintenance of parks,
20-23 recreational areas, and open space areas.
20-24 SECTION 33. Section 24.006, Parks and Wildlife Code, is
20-25 amended to read as follows:
21-1 Sec. 24.006. When revenues to the Texas Recreation and Parks
21-2 Account exceed $14 million per year, 15% shall be made available
21-3 for grants to local governments for up to 50 percent of the cost of
21-4 acquisition/development of indoor recreation centers. <ACQUISITION
21-5 AND DEVELOPMENT OF STATE PARKS. The department may acquire and
21-6 develop a state park, recreational area, open space area, or
21-7 natural area with money appropriated from the> þLaccountää <fund.>
21-8 SECTION 34. Section 24.007, Parks and Wildlife Code, is
21-9 amended to read as follows:
21-10 Sec. 24.007, ACCOUNT <FUND> USE TO BE CONSISTENT WITH PLANS.
21-11 No grant may be made under Section 24.005 of this code nor may
21-12 account <fund> money be used under Section 24.006 of this code
21-13 unless:
21-14 (1) there is a present or future need for the
21-15 acquisition and development of the property for which the grant is
21-16 requested or the use is proposed; and
21-17 <(2) the acquisition and development is consistent
21-18 with the local parks, recreational, and open space plan and the
21-19 Texas outdoor recreation plan; and>
21-20 (2) <(3)> a written statement is obtained from the
21-21 regional planning commission having jurisdiction of the area in
21-22 which the property is to be acquired and developed that the
21-23 acquisition and development is consistent with <the local parks,
21-24 recreational, and open space plan most closely reflecting> local
21-25 needs.
22-1 SECTION 35. Sections 24.008(e) and (f), Parks and Wildlife
22-2 Code, are amended to read as follows:
22-3 (e) If land or water designated for park, recreational, or
22-4 open space use is included in the local and regional park,
22-5 recreational, and open space plans for two or more contiguous
22-6 jurisdictions <and that land or water is also included in the Texas
22-7 outdoor recreation plan,> the two or more jurisdictions may
22-8 cooperate under state law to secure assistance from the account
22-9 <fund> to acquire or develop the property. In those cases, the
22-10 department must be assured that a cooperative management plan for
22-11 the land or water can be developed and effectuated.
22-12 (f) All land or water purchased with assistance from the
22-13 account <fund> shall be dedicated for park, recreational, indoor
22-14 recreation center and open space purposes in perpetuity and may not
22-15 be used for any other purpose, except where the use is compatible
22-16 with park, recreational, and open space objectives, and the use is
22-17 approved in advance by the department.
22-18 SECTION 36. Section 24.009(a), Parks and Wildlife Code, is
22-19 amended to read as follows:
22-20 (a) On the approval of a grant under this chapter and on the
22-21 written request by the director, the comptroller of public accounts
22-22 shall issue a warrant drawn against the Texas parks and wildlife
22-23 trust fund credited against the account <fund> and payable to the
22-24 political subdivision in the amount specified by the director.
22-25 SECTION 37. Section 24.010, Parks and Wildlife Code, is
23-1 amended to read as follows:
23-2 Sec. 24.010. Annual Report. (a) The commission shall
23-3 report to the governor and legislature on August 31 of each year,
23-4 or as soon as practicable, but not later than October 1 of each
23-5 year, showing the condition of the account <fund>. The report must
23-6 contain:
23-7 (1) a statement of the amount of money deposited to
23-8 the credit of the account <fund> for the year;
23-9 (2) a statement of the amount of money disbursed by
23-10 the department for department projects and for qualified political
23-11 subdivision projects for the year;
23-12 (3) a listing of political subdivisions that applied
23-13 for matching assistance from the account <fund>, to include
23-14 information for each political subdivision that shows the amount of
23-15 money applied for, the scope of the proposed acquisition or
23-16 development project, and the priority assigned the application
23-17 during department review;
23-18 (4) a listing of political subdivisions and state
23-19 parks which have received money from the account <fund>, to include
23-20 information for each political subdivision and state park that
23-21 shows the amount of money, number of parks, recreational areas,
23-22 indoor recreation centers and open space areas, and number of acres
23-23 acquired or developed by park, recreational, indoor recreation
23-24 center, or open space area and summed for each political
23-25 subdivision for the year;
24-1 (5) a listing of political subdivisions which have
24-2 received grant funding <park, recreational, and open space
24-3 operation and maintenance money> from the account <fund>, to
24-4 include information for each subdivision which shows the amount of
24-5 money allocated, amount of money spent, and general statements on
24-6 how the political subdivision used the money <for maintenance>;
24-7 (6) a statement of the amount of money annually
24-8 deposited to the credit of the account <fund> that was not
24-9 disbursed during the year and the reason for nondisbursement; and
24-10 (7) a statement of any significant problems
24-11 encountered in administering the account <fund>, with
24-12 recommendations for their solution.
24-13 (b) The annual report on the account <fund> may be included
24-14 as a portion of the department's annual report to the governor.
24-15 SECTION 38. Section 24.012, Parks and Wildlife Code, is
24-16 amended to read as follows:
24-17 Sec. 24.012. ACCOUNT <FUND> NOT TO BE USED FOR PUBLICITY.
24-18 No money credited to the account <fund> may be used for publicity
24-19 or related purposes.
24-20 SECTION 39. Section 31.128(b), Parks and Wildlife Code, is
24-21 amended to read as follows:
24-22 (b) In justice court cases, the amount to be remitted to the
24-23 game, fish, and water safety account <fund> shall be 85 percent of
24-24 the fine. In county court cases the amount to be remitted to the
24-25 game, fish, and water safety account <fund> shall be 80 percent of
25-1 the fine. All costs of the court shall be retained by the court
25-2 having jurisdiction of the offense and deposited as other fees in
25-3 the proper county fund.
25-4 SECTION 40. Section 31.141(b), Parks and Wildlife Code, is
25-5 amended to read as follows:
25-6 (b) On the completion of the work, the department shall
25-7 prepare and send vouchers to the comptroller of public accounts
25-8 payable to the department or to any person, firm, or corporation
25-9 for reimbursement for the work, and the comptroller shall issue
25-10 warrants on the Texas parks and wildlife trust fund credited
25-11 against the game, fish, and water safety account <special boat
25-12 fund> to reimburse the department or any person, firm, or
25-13 corporation for the work performed.
25-14 SECTION 41. Section 31.142, Parks and Wildlife Code, is
25-15 amended to read as follows:
25-16 Sec. 31.142. Buoys and Markers. The department may provide
25-17 for a standardized buoy-marking program for the inland water of the
25-18 state. The department may purchase and provide the controlling
25-19 agency of the water bodies with buoys and markers <from funds
25-20 remaining in the special boat fund in excess of the cost of
25-21 administering this chapter>.
25-22 SECTION 42. Section 43.112(f), Parks and Wildlife Code, is
25-23 amended to read as follows:
25-24 (f) The department shall deposit money received under this
25-25 section in the state treasury to the credit of the game, fish, and
26-1 water safety account <fund> for the enforcement of fish, shrimp,
26-2 and oyster laws, game laws, and laws pertaining to sand, shell, and
26-3 gravel.
26-4 SECTION 43. Section 62.014(e), Parks and Wildlife Code, is
26-5 amended to read as follows:
26-6 (e) The commission may maximize the utilization of volunteer
26-7 instructors to minimize the costs of the course and is authorized
26-8 to charge a fee not to exceed $15 to defray administrative costs.
26-9 Fees collected under this subsection, less any instructor expenses
26-10 approved by the department, shall be deposited to the credit of the
26-11 game, fish, and water safety account <fund>.
26-12 SECTION 44. Section 62.065, Parks and Wildlife Code, is
26-13 amended to read as follows:
26-14 Sec. 62.065. DISPOSITION OF FUNDS. Revenue received under
26-15 this subchapter shall be deposited in the state treasury to the
26-16 credit of the state parks account <fund>.
26-17 SECTION 45. Section 68.018, Parks and Wildlife Code, is
26-18 amended to read as follows:
26-19 Sec. 68.018. DISPOSITION OF FUNDS; APPROPRIATIONS. All
26-20 revenue received under this chapter shall be deposited in the state
26-21 treasury to the credit of the special nongame and endangered
26-22 species conservation account <fund>.
26-23 SECTION 46. Section 76.019(c), Parks and Wildlife Code, is
26-24 amended to read as follows:
26-25 (c) The department shall deposit fees and penalties
27-1 collected under this section to the credit of the general revenue
27-2 fund to be allocated each quarter as follows:
27-3 (1) 50 percent to the Texas Department of Health to
27-4 contract with an institute of higher education for oyster-related
27-5 research and other activities, including the:
27-6 (A) study of organisms in oysters that are
27-7 harmful to consumers of oysters;
27-8 (B) education of the public on health issues
27-9 relating to oyster consumption;
27-10 (C) sanitary handling of oysters at the
27-11 wholesale, retail, and consumer level; and
27-12 (D) optional additional marking of the
27-13 boundaries of areas declared closed by the commissioner; and
27-14 (2) 50 percent to the credit of the game, fish, and
27-15 water safety account <fund> for:
27-16 (A) research into control of oyster diseases and
27-17 predators;
27-18 (B) research into reef enhancement in, and
27-19 increased oyster production from, Texas water;
27-20 (C) studies of the potential of leasing the
27-21 bottom in unapproved areas for enhanced oyster production;
27-22 (D) other oyster-related research approved by
27-23 the department; and
27-24 (E) enhanced enforcement of this chapter.
27-25 SECTION 47. Section 77.027, Parks and Wildlife Code, is
28-1 amended to read as follows:
28-2 Sec. 77.027. Confiscation and Disposal of Shrimp. When an
28-3 enforcement officer of the department believes that a person has
28-4 unlawful possession of any shrimp taken in violation of this
28-5 chapter, all shrimp aboard any vessel involved or in the trawl,
28-6 whether in storage, on deck, and whether alive or dead, whole or
28-7 headed, frozen or fresh, shall be deemed to have been taken in
28-8 violation of the chapter and shall be confiscated by the arresting
28-9 officer. The cargo of shrimp shall be sold to the highest of three
28-10 bidders by the officer. The proceeds of the sale shall be
28-11 deposited in the state treasury to the credit of suspense account
28-12 <fund> number 900, pending the outcome of the action taken against
28-13 the person charged with the illegal possession. Unless the person
28-14 is found guilty, all the proceeds shall be paid to the defendant.
28-15 SECTION 48. Section 81.104, Parks and Wildlife Code, is
28-16 amended to read as follows:
28-17 Sec. 81.104. Condemnation Suits. Condemnation suits under
28-18 this subchapter shall be brought in the name of the State of Texas
28-19 by the attorney general at the request of the department and shall
28-20 be held in Travis County. All costs in the proceedings shall be
28-21 paid by the state or by the person against whom the proceedings are
28-22 had, to be determined as in the case of railroad condemnation
28-23 proceedings. All damages and pay or compensation for property
28-24 awarded in the proceedings shall be paid by the comptroller against
28-25 any fund or account in state treasury that is limited in use for
29-1 fish or wildlife purposes and that is appropriated to the
29-2 department.
29-3 SECTION 49. Section 82.202, Parks and Wildlife Code, is
29-4 amended to read as follows:
29-5 Sec. 82.202. Acceptance of Gifts. The department may accept
29-6 gifts of land in Culberson and Hudspeth counties or money to be
29-7 deposited in the game, fish, and water safety account <fund>. The
29-8 gifts shall be used for the Texas Bighorn Sheep management unit.
29-9 SECTION 50. Section 82.203, Parks and Wildlife Code, is
29-10 amended to read as follows:
29-11 Sec. 82.203. Land Purchase; School Lands. The department
29-12 may purchase the surface rights in not more than eight sections of
29-13 public school lands located in Culberson and Hudspeth counties in
29-14 the following blocks: Blocks 65 and 66, T. & P. Ry. Co. land;
29-15 Blocks 42 1/2, 43, 54 1/2, Public School Lands. The minerals on
29-16 the land purchased shall be reserved to the school fund and managed
29-17 by the school land board. The price to be paid for the land shall
29-18 not exceed $1 per acre and shall be paid for by the department out
29-19 of the game, fish, and water safety account <fund>.
29-20 SECTION 51. Section 82.204, Parks and Wildlife Code, is
29-21 amended to read as follows:
29-22 Sec. 82.204. Other Land; Title Approval. The department may
29-23 purchase other land in Culberson and Hudspeth counties as necessary
29-24 for the operation of the game management unit. The department may
29-25 pay for the land out of the game, fish, and water safety account
30-1 <fund> on approval of the title by the attorney general.
30-2 SECTION 52. Section 82.206, Parks and Wildlife Code, is
30-3 amended to read as follows:
30-4 Sec. 82.206. Condemnation. The method of condemnation,
30-5 assessment, and payment of damages is the same as is provided by
30-6 law for railroads. Condemnation suits brought under this
30-7 subchapter shall be brought in the name of the State of Texas by
30-8 the attorney general at the request of the department. All costs
30-9 in the proceedings shall be paid by the state or by the person
30-10 against whom the proceedings are had, to be determined as in the
30-11 case of railroad proceedings. All damages and pay or compensation
30-12 for property awarded in the proceedings shall be paid by the state
30-13 by warrant drawn on the game, fish, and water safety account
30-14 <fund>.
30-15 SECTION 53. Section 82.207, Parks and Wildlife Code, is
30-16 amended to read as follows:
30-17 Sec. 82.207. Expenditures. All expenditures provided under
30-18 this subchapter shall be made from the game, fish, and water safety
30-19 account <fund>.
30-20 SECTION 54. Section 82.603, Parks and Wildlife Code, is
30-21 amended to read as follows:
30-22 Sec. 82.603. Condemnation; Manner and Means. The method of
30-23 condemnation, assessment, and payment of damages is the same as is
30-24 provided for railroads. Condemnation suits brought under this
30-25 subchapter shall be brought in the name of the State of Texas by
31-1 the attorney general at the request of the department. All costs
31-2 in the proceedings shall be paid by the state or by the person
31-3 against whom the proceedings are had, to be determined as in the
31-4 case of railroad condemnation proceedings. All damages and pay or
31-5 compensation for property awarded in the proceedings shall be paid
31-6 by the state by warrant drawn by the comptroller against any fund
31-7 or account in the state treasury appropriated to the department for
31-8 the use of constructing and maintaining fish hatcheries.
31-9 SECTION 55. Section 82.651(c), Parks and Wildlife Code, is
31-10 amended to read as follows:
31-11 (c) The cost of the construction and maintenance of a
31-12 channel constructed under this section may be paid from the game,
31-13 fish, and water safety account <special game and fish fund> only.
31-14 SECTION 56. Section 83.002(b), Parks and Wildlife Code, is
31-15 amended to read as follows:
31-16 (b) Funds received from the federal government and
31-17 appropriated by the state for research and development of
31-18 commercial fisheries shall be deposited in the state treasury to
31-19 the credit of the <special> game, <and> fish, and water safety
31-20 account <fund>.
31-21 SECTION 57. Section 86.016, Parks and Wildlife Code, is
31-22 amended to read as follows:
31-23 Sec. 86.016. DEPOSIT OF FUNDS. The proceeds from the sale
31-24 of marl, sand, gravel, shell, and mudshell shall be deposited in
31-25 the special game, <and> fish, and water safety account <fund>.
32-1 SECTION 58. Section 89.002(b), Parks and Wildlife Code, is
32-2 amended to read as follows:
32-3 (b) In carrying out the duties under Subsection (a) of this
32-4 section, the department shall:
32-5 (1) plan and review permit applications for artificial
32-6 reefs;
32-7 (2) coordinate with relevant state and federal
32-8 agencies;
32-9 (3) hold public hearings on proposed artificial reefs;
32-10 (4) oversee maintenance and placement requirements of
32-11 artificial reefs; and
32-12 (5) develop rules and guidelines, in conjunction with
32-13 the advisory committee, in the collection of fees, grants, and
32-14 donations to the artificial reef account <fund>.
32-15 SECTION 59. Section 89.022, Parks and Wildlife Code, is
32-16 amended to read as follows:
32-17 Sec. 89.022. REQUIRED PROVISIONS. The state artificial reef
32-18 plan must include:
32-19 (1) operational guidelines for the plan, including
32-20 specific participant roles, and projected funding requirements for
32-21 the plan;
32-22 (2) geographic, hydrographic, geological, biological,
32-23 ecological, social, economic, and other criteria for permitting and
32-24 siting artificial reefs;
32-25 (3) design, materials, and other criteria for
33-1 establishing, constructing, and maintaining artificial reefs;
33-2 (4) mechanisms and methodologies for monitoring
33-3 artificial reefs in compliance with the requirements of permits
33-4 issued under the National Fishing Enhancement Act;
33-5 (5) mechanisms and methodologies for managing the use
33-6 of artificial reefs;
33-7 (6) a map that depicts priority areas for artificial
33-8 reef development consistent with this chapter and the National
33-9 Fishing Enhancement Act; and
33-10 (7) provisions for managing the artificial reef
33-11 account <fund> in a manner that will assure successful
33-12 implementation of the plan.
33-13 SECTION 60. Subchapter C, chapter 89, Parks and Wildlife
33-14 Code, is amended to read as follows:
33-15 SUBCHAPTER C. ARTIFICIAL REEF ACCOUNT <FUND>
33-16 Sec. 89.041. ARTIFICIAL REEF ACCOUNT <FUND>. (a) The
33-17 artificial reef account <fund> is a separate account in the Texas
33-18 parks and Wildlife trust fund <created in the State Treasury>.
33-19 (b) The account <fund> is composed of all funds received
33-20 under Section 89.043 of the code <by the state>, including interest
33-21 and earnings <on the funds, under this chapter>.
33-22 (c) No state general revenue funds shall be expended in the
33-23 development or implementation of this plan.
33-24 Sec. 89.042. DEDICATION. The funds received under Section
33-25 89.043 of this code are <artificial reef fund is> dedicated to the
34-1 department for the purpose of carrying out this chapter, including
34-2 siting, designing, constructing, monitoring, and otherwise managing
34-3 an artificial reef or artificial reef system.
34-4 Sec. 89.043. GRANTS, DONATIONS, AND OTHER ASSISTANCE. The
34-5 department may accept grants, donations of money or materials, and
34-6 other forms of assistance from private and public sources.
34-7 SECTION 61. Section 26.124(b), Water Code, is amended to
34-8 read as follows:
34-9 (b) Whenever it appears that a violation or a threat of
34-10 violation of any provision of Section 26.121 of this code or any
34-11 rule, permit, or order of the commission has occurred or is
34-12 occurring that affects aquatic life or wildlife, the Parks and
34-13 Wildlife Department, in the same manner as the commission in
34-14 Section 26.123 of this code, may have a suit instituted in a
34-15 district court for injunctive relief or civil penalties or both, as
34-16 authorized in Section 26.123(a) of this code, against the person
34-17 who committed or is committing or is threatening to commit the
34-18 violation. The suit shall be brought in the name of the State of
34-19 Texas by the attorney general or by the county attorney or the
34-20 district attorney, as appropriate, of the county in which venue for
34-21 the suit is proper. The suit may be brought in the county where
34-22 the defendant resides or in the county where the violation or
34-23 threat of violation occurs. In a suit brought under this section
34-24 for a violation that is a proximate cause of injury to aquatic life
34-25 or wildlife normally taken for commercial or sport purposes or to
35-1 species on which this life is directly dependent for food, the
35-2 Parks and Wildlife Department is entitled to recover damages for
35-3 the injury. In determining damages, the court may consider the
35-4 valuation of the injured resources established in rules adopted by
35-5 the Parks and Wildlife Commission under Subchapter D, Chapter 12,
35-6 Parks and Wildlife Code, or the replacement cost of the injured
35-7 resources. Any recovery of damages for injury to aquatic life or
35-8 wildlife shall be deposited to the credit of the game, fish, and
35-9 water safety account of the Texas parks and wildlife trust fund
35-10 under Section 11.032, Parks and Wildlife Code, and the Parks and
35-11 Wildlife Department shall use funds recovered under this section to
35-12 replenish or enhance the injured resources <in the geographic area
35-13 in which the injury occurs>. The actual cost of investigation,
35-14 reasonable attorney's fees, and reasonable expert witness fees may
35-15 also be recovered, and those recovered amounts shall be credited to
35-16 the same operating funds from which expenditures occurred. This
35-17 section does not limit recovery for damages available under other
35-18 law.
35-19 SECTION 62. Section 34.018, Natural Resources Code, is
35-20 amended to read as follows:
35-21 Sec. 34.018. DEPOSIT OF RECEIPTS. Amounts received under
35-22 the provisions of this chapter shall be deposited in the State
35-23 Treasury to the credit of the appropriate special fund, with the
35-24 exception that all money received under the provisions of this
35-25 chapter enuring to the benefit of the Parks and Wildlife Department
36-1 from land held by the department for game and fish conservation,
36-2 protection, and management purposes shall be deposited in the State
36-3 Treasury to the credit of the game, fish, and water safety account
36-4 of the Texas parks and wildlife trust <special game and fish> fund,
36-5 and all money received under the provisions of this chapter enuring
36-6 to the benefit of the Parks and Wildlife Department from park,
36-7 recreation, and historic land shall be deposited in the State
36-8 Treasury to the credit of the state parks account of the Texas
36-9 parks and wildlife trust fund.
36-10 SECTION 63. Section 61.166(b), Natural Resources Code, is
36-11 amended to read as follows:
36-12 (b) The filing fee shall be deposited in the state treasury
36-13 in the game, fish, and water safety account of the Texas parks and
36-14 wildlife trust fund <Land and Water Recreation and Safety Fund 63>,
36-15 and the department may pay from this account <fund> the expenses of
36-16 carrying out the provisions of this subchapter.
36-17 SECTION 64. Section 404.060, Government Code, is amended to
36-18 read as follows:
36-19 Sec. 404.060. PRIORITY OF WARRANTS. Warrants on the
36-20 treasury shall be on an equal basis with each other, except that if
36-21 a question arises concerning the priority of payment of the
36-22 warrants and necessity requires, they shall be paid in order of
36-23 their serial number within each fund.
36-24 This section does not apply to:
36-25 (1) warrants drawn on the Texas parks and wildlife
37-1 trust fund credited against the game, fish, and water safety
37-2 account <fund> or on funds collected for and appropriated to the
37-3 Texas <State> Department of <Highways and Public> Transportation;
37-4 (2) a special fund created or provided for in the
37-5 constitution; or
37-6 (3) a special fund consisting of taxes set aside and
37-7 remitted or donated by the legislature to a county or municipality.
37-8 SECTION 65. Section 151.801, Tax Code, is amended to read as
37-9 follows:
37-10 Sec. 151.801. DISPOSITION OF PROCEEDS. (a) Except for the
37-11 amounts <amount> allocated under Subsections <Subsection> (b) and
37-12 (c) <of this section>, all proceeds from the collection of the
37-13 taxes imposed by this chapter shall be deposited to the credit of
37-14 the general revenue fund.
37-15 (b) The amount of the proceeds from the collection of the
37-16 taxes imposed by this chapter on the sale, storage, or use of
37-17 lubricating and motor oils used to propel motor vehicles over the
37-18 public roadways shall be deposited to the credit of the state
37-19 highway fund.
37-20 (c) The proceeds from the collection of the taxes imposed by
37-21 this chapter on the sale, storage, or use of sporting goods shall
37-22 be deposited as follows:
37-23 (1) for the period beginning September 1, 1993 and
37-24 ending August 31, 1995, an amount equal to 50 cents per 1,000
37-25 cigarettes shall be deposited to the credit of the Texas Parks and
38-1 Wildlife Trust Fund, State Parks Account, and an amount equal to 50
38-2 cents per 1,000 cigarettes shall be deposited to the credit of the
38-3 Texas Parks and Wildlife Trust Fund, Texas Recreation and Parks
38-4 Account, and the balance shall be retained in the General Revenue
38-5 Fund.
38-6 (2) beginning September 1, 1995, the taxes collected
38-7 shall be credited to the Texas Parks and Wildlife Trust Fund.
38-8 (d) The comptroller shall certify the amount to be deposited
38-9 to the highway fund under Subsection (b) <of this section> to the
38-10 treasurer according to <on the basis of> available statistical data
38-11 indicating the estimated average or actual consumption or sales of
38-12 lubricants used to propel motor vehicles over the public roadways.
38-13 The comptroller shall certify the amounts to be deposited to the
38-14 funds under Subsection (c) to the treasurer according to available
38-15 statistical data indicating the estimated or actual total receipts
38-16 in this state from taxable sales of sporting goods. If
38-17 satisfactory data are not available, the comptroller may require
38-18 taxpayers who make taxable sales or uses of those lubricants or of
38-19 sporting goods to report to the comptroller as necessary to make
38-20 the allocation required by Subsection (b) or (c) <of this section>.
38-21 (e) <(d)> In this section:
38-22 (1) "Motor<, "motor> vehicle" means a trailer, a
38-23 semitrailer, or a self-propelled vehicle in or by which a person or
38-24 property can be transported upon a public highway. "Motor vehicle"
38-25 does not include a device moved only by human power or used
39-1 exclusively on stationary rails or tracks, a farm machine, a farm
39-2 trailer, a road-building machine, or a self-propelled vehicle used
39-3 exclusively to move farm machinery, farm trailers, or road-building
39-4 machinery.
39-5 (2) "Sporting goods" means the items listed under
39-6 Standard Industrial Classification Code 5941 in the Texas Standard
39-7 Industrial Classification Manual, published by the comptroller
39-8 (July 1989) and any other items of tangible personal property the
39-9 primary purpose of which is for use in a sport or sporting activity
39-10 or that is sold for use in a sporting activity.
39-11 SECTION 66. Sections 154.603(b), Tax Code, is amended to
39-12 read as follows:
39-13 (b) The revenue remaining after the deductions for the
39-14 purposes provided by Section 154.602 of this code and allocation
39-15 under Subsection (a) of this section is allocated<:>
39-16 <(1) 50 cents per 1,000 cigarettes to the state parks
39-17 fund;>
39-18 <(2) 50 cents per 1,000 cigarettes to the local parks,
39-19 recreation and open space fund; and>
39-20 <(3) the remainder> to the general revenue fund.
39-21 SECTION 67. Section 160.121(c), Tax Code, is amended to read
39-22 as follows:
39-23 (c) Five percent of the taxes collected by the department
39-24 under this chapter shall be deposited to the credit of the game,
39-25 fish, and water safety account of the Texas parks and wildlife
40-1 trust fund and used by the department for the administration of
40-2 this chapter.
40-3 SECTION 68. At the end of the fiscal year ending August 31,
40-4 1993, the comptroller shall transfer to accounts in the Texas parks
40-5 and wildlife trust fund, as specified in this section, the money in
40-6 the following funds:
40-7 (1) from the game, fish, and water safety fund to the
40-8 game, fish, and water safety account;
40-9 (2) from the state parks fund to the state parks
40-10 account;
40-11 (3) from the state land and water conservation fund to
40-12 the state land and water conservation account;
40-13 (4) from the parks and wildlife operating fund to the
40-14 parks and wildlife operating account;
40-15 (5) from the special nongame and endangered species
40-16 conservation fund to the special nongame and endangered species
40-17 conservation account;
40-18 (6) from the lifetime license endowment fund to the
40-19 lifetime license endowment account; and
40-20 (7) from the Texas local parks, recreation, and open
40-21 space fund to the Texas recreation and parks account.
40-22 SECTION 69. Section 24.006, Parks and Wildlife Code, and
40-23 Section 154.603(c) and (d), Tax Code, are repealed.
40-24 SECTION 70. Except as provided by Section 68 of this Act,
40-25 this Act takes effect September 1, 1993.
41-1 SECTION 71. The importance of this legislation and the
41-2 crowded condition of the calendars in both houses create an
41-3 emergency and an imperative public necessity that the
41-4 constitutional rule requiring bills to be read on three several
41-5 days in each house be suspended, and this rule is hereby suspended.