JWB C.S.H.B. 3189 75(R)BILL ANALYSIS


WAYS & MEANS
C.S.H.B. 3189
By: Kuempel
4-22-97
Committee Report (Substituted)



BACKGROUND 

The Texas Parks and Wildlife Department (TPWD) receives dedicated revenue
from tax on certain sporting goods.  The amount is capped at $27 million
for FY's 1994  and 1995, and $32 million for FY's 1996 and 1997.  Of the
first $27 million of dedicated sporting goods sales tax received by TPWD,
50% goes to the state parks (State Parks Account) and 50% goes to the
local parks (Texas Recreation and Parks Account).  The additional $5
million received from the sporting goods sales tax in the current biennium
is allocated as follows: 40% to state parks, 40% to local parks, and 20%
to the Texas Parks and Wildlife Capital Account.  The capital account is
authorized for use to pay debt service on TPWD bonds, as well as for use
on parks, fisheries, and wildlife projects. 

The Committee on State Recreational Resources conducted an interim study
on the deferred maintenance needs of our State Parks and reviewed several
of the critical infrastructure needs.  In addition, TPWD established an
Infrastructure Task Force to assess the current infrastructure situation,
and provided recommendations to reduce the backlog.  The task force
identified a total infrastructure need of $161 million.  Of this amount,
$75 million was determined to be critical. Critical needs are those
considered imminently necessary for the health and safety of the public,
to bring facilities into compliance with regulatory requirements, or
necessary to avoid serious facility/resource damage. 

PURPOSE

 The bill authorizes the Parks and Wildlife Department  to request the
Texas Public Finance Authority to issue up to $60 million in revenue bonds
for the same purpose. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Sec. 11.043, Parks and Wildlife Code (Texas Parks and
Wildlife Capital Account), to provide that the Texas Parks and Wildlife
Capital Account can consist of proceeds from revenue bonds issued under
Section 13.0045.   Provides that the proceeds of bonds issued under
Section 13.0045 may be spent to finance the repair, renovation,
improvement, and equipping of parks and wildlife facilities.  Provides
that the comptroller may invest money in the account 

SECTION 2.Amends Sec. 13.004 (a), Parks and Wildlife Code (Financing of
Park Programs), to provide that, except as provided by Sec. 13.0045, the
operation, maintenance, and improvement of state parks shall be financed
from the general revenue fund, the state parks account, other accounts
authorized by law, and donations, grants and gifts received by the
department for these purposes. 

SECTION 3.Amends Subchapter A, Chapter 13, Parks and Wildlife Code
(General Powers and Duties), by adding Sec. 13.0045.  REVENUE BONDS FOR
PARKS AND WILDLIFE FACILITIES.   

(a) Provides that the department, by resolution of the commission, may
request the Texas Public Finance Authority to issue revenue bonds or other
revenue obligations to finance the repair, renovation, improvement, and
equipping of parks and wildlife facilities for an estimated project cost
not to exceed $60 million. 

  (b) Provides that on receipt of the department's request, the authority
shall promptly issue the bonds or other obligations under and in
accordance with the Texas Public Finance Authority Act (Article 601d,
Vernon's Texas Civil Statutes). 

(c) Provides that the department shall deposit the proceeds of bonds
issued under this section to the credit of the Texas parks and wildlife
capital account and may use the proceeds only to finance the repair,
renovation, improvement, and equipping of parks and wildlife facilities. 

SECTION 4.Effective date:  September 1, 1997.

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of HB 3189 amended Section 11.035(b), Parks and Wildlife Code
(State Parks Fund), to specify that not more than $32 million per year
could be credited to the department's state parks account.  This language
is not contained in the Substitute. 

SECTION 5 of HB 3189 amended Section 24.003, Parks and Wildlife Code (Use
of Fund), to specify that not more than $32 million per year could be
credited to the department's recreation and parks account.  This language
is not contained in the Substitute. 

SECTION 6 of HB 3189 amended Section 151.801(c), Tax Code (Disposition of
Proceeds), providing that the proceeds from the taxes collected on the
sale, storage, or use of sporting goods to be credited to the Parks and
Wildlife Department.  The comptroller would not credit in excess of $37
million in sporting goods tax revenue to the Department.  This language is
not contained in the Substitute.