By Kuempel H.B. No. 3189
75R8746 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Parks and Wildlife Department to
1-3 issue revenue bonds and to the allocation of certain sales, excise,
1-4 and use tax revenue to the Parks and Wildlife Department for debt
1-5 service on revenue bonds.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 11.035(b), Parks and Wildlife Code, is
1-8 amended to read as follows:
1-9 (b) The department shall deposit to the credit of the state
1-10 parks account all revenue, less allowable costs, received from the
1-11 following sources:
1-12 (1) grants or operation of concessions in state parks
1-13 or fishing piers;
1-14 (2) publications on state parks, state historic sites,
1-15 or state scientific areas;
1-16 (3) fines or penalties received from violations of
1-17 regulations governing parks issued pursuant to Subchapter B,
1-18 Chapter 13, of this code;
1-19 (4) fees and revenue collected under Section 11.027(b)
1-20 or (c) of this code that are associated with state park lands;
1-21 (5) $1,125,000 per month and 40 percent of the amount
1-22 greater than [above] $27 million per year but not greater than $32
1-23 million per year of credits made to the department under Section
1-24 151.801, Tax Code; and
2-1 (6) any other source provided by law.
2-2 SECTION 2. Section 11.043, Parks and Wildlife Code, is
2-3 amended to read as follows:
2-4 Sec. 11.043. TEXAS PARKS AND WILDLIFE CAPITAL ACCOUNT. (a)
2-5 The Texas parks and wildlife capital account is a separate account
2-6 in the general revenue fund.
2-7 (b) The account consists of the amount of credits made to
2-8 the department under Section 151.801, Tax Code, after allocations
2-9 to the state parks account and the Texas recreation and parks
2-10 account, proceeds of revenue bonds issued under Section 13.0045, or
2-11 any other source authorized by law.
2-12 (c) Except as provided by Subsection (d), money [Money] in
2-13 the account may be spent only for acquisition and development of
2-14 parks, fisheries, and wildlife projects that have been individually
2-15 approved by the commission. Projects that directly provide
2-16 hunting, fishing, or outdoor recreation opportunity to the public
2-17 shall be given preference for funding under this section. Approved
2-18 projects may include:
2-19 (1) acquiring land or facilities for use in any
2-20 department program;
2-21 (2) developing and improving any land or facility
2-22 owned or controlled by the department;
2-23 (3) servicing the debt on Texas park development bonds
2-24 issued under Article III, Section 49-e, of the Texas Constitution
2-25 or any other bonds issued [in the future] for parks, fisheries, or
2-26 wildlife projects; and
2-27 (4) local park grants in Chapter 24 of this code.
3-1 (d) The proceeds of bonds issued under Section 13.0045 and
3-2 deposited to the account may be spent to finance parks and wildlife
3-3 projects, including the repair, renovation, improvement, and
3-4 equipping of parks and wildlife facilities.
3-5 (e) The comptroller [treasurer] may invest money in the
3-6 account.
3-7 SECTION 3. Section 13.004(a), Parks and Wildlife Code, is
3-8 amended to read as follows:
3-9 (a) Except as provided by Section 13.0045, the [The]
3-10 operation, maintenance, and improvement of state parks shall be
3-11 financed from the general revenue fund, the state parks account,
3-12 other accounts that may be authorized by law, and donations,
3-13 grants, and gifts received by the department for these purposes.
3-14 SECTION 4. Subchapter A, Chapter 13, Parks and Wildlife
3-15 Code, is amended by adding Section 13.0045 to read as follows:
3-16 Sec. 13.0045. REVENUE BONDS FOR PARKS AND WILDLIFE
3-17 FACILITIES. (a) The department, by resolution of the commission,
3-18 may request the Texas Public Finance Authority to issue revenue
3-19 bonds or other revenue obligations to finance the repair,
3-20 renovation, improvement, and equipping of parks and wildlife
3-21 facilities for an estimated project cost not to exceed $60 million.
3-22 (b) On receipt of the department's request, the authority
3-23 shall promptly issue the bonds or other obligations under and in
3-24 accordance with the Texas Public Finance Authority Act (Article
3-25 601d, Vernon's Texas Civil Statutes).
3-26 (c) The department shall deposit the proceeds of bonds
3-27 issued under this section to the credit of the Texas parks and
4-1 wildlife capital account and may use the proceeds only to finance
4-2 the repair, renovation, improvement, and equipping of parks and
4-3 wildlife facilities.
4-4 SECTION 5. Section 24.003, Parks and Wildlife Code, is
4-5 amended to read as follows:
4-6 Sec. 24.003. ACCOUNT REVENUE SOURCE. The department shall
4-7 deposit to the credit of the Texas recreation and parks account:
4-8 (1) $1,125,000 per month and 40 percent of the amount
4-9 greater than [above] $27 million per year but not greater than $32
4-10 million per year of credits made to the department under Section
4-11 151.801, Tax Code; or
4-12 (2) any other source authorized by law.
4-13 SECTION 6. Section 151.801(c), Tax Code, is amended to read
4-14 as follows:
4-15 (c) The proceeds from the collection of the taxes imposed by
4-16 this chapter on the sale, storage, or use of sporting goods shall
4-17 be [deposited as follows:]
4-18 [(1) For the period beginning September 1, 1993, and
4-19 ending August 31, 1995, an amount equal to 50 cents per 1,000
4-20 cigarettes shall be deposited to the credit of the general revenue
4-21 fund, state parks account, and an amount equal to 50 cents per
4-22 1,000 cigarettes shall be deposited to the credit of the general
4-23 revenue fund, Texas recreation and parks account, and the balance
4-24 shall be retained in the general revenue fund.]
4-25 [(2) Beginning September 1, 1995, the taxes collected
4-26 shall be] credited to the Parks and Wildlife Department and
4-27 deposited as specified in the Parks and Wildlife Code. The
5-1 comptroller may [shall] not credit in excess of $37 [$32] million
5-2 in sporting goods tax revenue annually to the Parks and Wildlife
5-3 Department.
5-4 SECTION 7. This Act takes effect September 1, 1997.
5-5 SECTION 8. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.