BILL ANALYSIS


                                                        S.B. 1378
                                                    By: Wentworth
                                                Natural Resources
                                                         04-19-95
                                       Committee Report (Amended)
BACKGROUND

Current law prohibits a political subdivision from selling or
leasing to a nongovernmental entity any area used to develop a
park, recreational area, or open space even if the entity intends
to use the area for the same purpose.

PURPOSE

As proposed, S.B. 1378 authorizes a political subdivision to
transfer ownership of an area used as a park, recreational area, or
open space to a nongovernmental entity if the area is used for the
same purpose.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 24.005, Parks and Wildlife Code, by
adding Subsections (d) and (e), as follows:

     (d) Provides that this section applies to property that
     borders on a reservoir, all or a portion of which has been
     annexed and later de-annexed; that is located in a county
     containing a municipality that has a population of more than
     400,000; and that lies outside the city limits of any city.
     (e) Authorizes a political subdivision that accepts and uses
     money granted under this section to plan, acquire, or develop
     a park, recreational area, or open space on property as
     described in Subsection (d) to transfer title to the property
     to a nongovernmental entity if the instrument of transfer
     restricts the use of the area to the purpose for which a grant
     under the program was awarded, as set forth in the grant
     documents.  Requires all funds received by the political
     subdivision to go into a fund dedicated to the purchase or
     improvement of other property for public outdoor recreational
     use.
SECTION 2. Emergency clause.
           Effective date: upon passage.