By Gallegos S.B. No. 985
75R5752 SRC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of state-owned historical parks,
1-3 structures, and sites by the Texas Historical Commission; making a
1-4 contingent appropriation; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 442, Government Code, is amended by
1-7 designating Sections 442.001-442.016 as Subchapter A and adding a
1-8 heading to Subchapter A to read as follows:
1-9 SUBCHAPTER A. GENERAL PROVISIONS:
1-10 HISTORIC PRESERVATION
1-11 SECTION 2. Section 442.001, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 442.001. Definition. In this subchapter [chapter],
1-14 "historic structure" means a structure that:
1-15 (1) is included on the National Register of Historic
1-16 Places;
1-17 (2) is designated as a Recorded Texas Historic
1-18 Landmark;
1-19 (3) is designated as a State Archeological Landmark;
1-20 (4) is determined by the Texas Historical Commission
1-21 to qualify as eligible property under criteria for inclusion on the
1-22 National Register of Historic Places or for designation as a
1-23 Recorded Texas Historic Landmark or as a State Archeological
1-24 Landmark; or
2-1 (5) is certified by the Texas Historical Commission to
2-2 other state agencies as worthy of preservation.
2-3 SECTION 3. Section 442.005, Government Code, is amended by
2-4 adding Subsection (t) to read as follows:
2-5 (t) The commission may plan, develop, and acquire historical
2-6 parks, sites, or structures and may improve, maintain, and operate
2-7 state-owned historical parks, sites, and structures under the
2-8 commission's jurisdiction.
2-9 SECTION 4. Section 442.006(g), Government Code, is amended
2-10 to read as follows:
2-11 (g) This subchapter [chapter] does not authorize the
2-12 commission to review or determine the placement or location of an
2-13 object in or on a Recorded Texas Historic Landmark if the placement
2-14 or location does not result in substantial structural change or
2-15 damage to the landmark.
2-16 SECTION 5. Section 442.011, Government Code, is amended to
2-17 read as follows:
2-18 Sec. 442.011. Penalty. A person who violates this
2-19 subchapter [chapter] is subject to a civil penalty of not less than
2-20 $50 nor more than $1,000 for each day of violation.
2-21 SECTION 6. Section 442.012(a), Government Code, is amended
2-22 to read as follows:
2-23 (a) The attorney general or any resident of this state may
2-24 file suit in district court to restrain and enjoin a violation or
2-25 threatened violation of this subchapter [chapter], to recover on
2-26 behalf of the state a civil penalty provided by this subchapter
2-27 [chapter], or for both injunctive relief and a civil penalty.
3-1 SECTION 7. Section 442.013, Government Code, is amended to
3-2 read as follows:
3-3 Sec. 442.013. No Effect on Other Organizations and
3-4 Activities. It is not the purpose of this subchapter [chapter] to
3-5 duplicate or replace existing historical heritage organizations and
3-6 activities, but to give leadership, coordination, and service as
3-7 needed and desired.
3-8 SECTION 8. Chapter 442, Government Code, is amended by
3-9 adding Subchapter B to read as follows:
3-10 SUBCHAPTER B. ADMINISTRATION OF
3-11 HISTORICAL PARKS, STRUCTURES, AND SITES
3-12 Sec. 442.201. JURISDICTION. (a) The commission has
3-13 jurisdiction over state historical parks, structures, and sites as
3-14 provided by Subchapters C through G or acquired under this
3-15 subchapter.
3-16 (b) The commission is, for all purposes, the successor to
3-17 the Parks and Wildlife Department regarding the state historical
3-18 parks, sites, and structures under Subchapters C through G that
3-19 were under the jurisdiction of the Parks and Wildlife Department on
3-20 August 31, 1997.
3-21 Sec. 442.202. ACQUISITION OF HISTORICAL AREAS. (a) The
3-22 commission may acquire by purchase, gift, or other manner
3-23 historical areas:
3-24 (1) where events occurred that represent an important
3-25 aspect of the cultural, political, economic, military, or social
3-26 history of the nation or state;
3-27 (2) significantly associated with the lives of
4-1 outstanding historic persons or with an important event that
4-2 represents a great ideal or idea;
4-3 (3) embodying the distinguishing characteristics of an
4-4 architectural type that is inherently valuable for study of a
4-5 period, style, or method of construction;
4-6 (4) that contribute significantly to the understanding
4-7 of aboriginal man in the nation or state; or
4-8 (5) that are of significant geologic interest relating
4-9 to prehistoric animal or plant life.
4-10 (b) The commission shall restore and maintain each
4-11 historical area acquired under this section for the benefit of the
4-12 general public. The commission may enter into interagency
4-13 contracts for this purpose.
4-14 Sec. 442.203. Participation in Federal Programs. (a) The
4-15 commission may apply to any appropriate agency or officer of the
4-16 United States for participation in or the receipt of aid from any
4-17 federal program involving the planning, acquisition, and
4-18 development of historic sites and structures.
4-19 (b) The commission may contract with the United States or
4-20 its agencies to plan, acquire, and develop historic sites and
4-21 structures in this state in conformity with any federal act
4-22 concerning the development of historic sites and structures.
4-23 (c) The commission shall keep financial and other records
4-24 relating to programs under this section and shall furnish
4-25 appropriate officials and agencies of the United States and of this
4-26 state all reports and information reasonably necessary for the
4-27 administration of the programs.
5-1 Sec. 442.204. HISTORIC LOCATIONS. The commission may
5-2 locate, designate, suitably mark, and promote historic grounds and
5-3 battlefields and other historic spots in and outside Texas.
5-4 Fitting markers may be erected; however, no expense may be incurred
5-5 in the name of the state for this project.
5-6 Sec. 442.205. RULES; PENALTY. (a) The commission may adopt
5-7 rules on the health, safety, and protection of persons and property
5-8 in state historical parks, structures, and sites under the
5-9 commission's jurisdiction, including rules governing:
5-10 (1) the conservation, preservation, and use of state
5-11 property, whether natural features or constructed facilities;
5-12 (2) the abusive, disruptive, or destructive conduct of
5-13 persons;
5-14 (3) the activities, including recreational activities,
5-15 of persons using historical parks, structures, or sites under the
5-16 commission's jurisdiction;
5-17 (4) the possession of pets or animals;
5-18 (5) the regulation of traffic and parking; and
5-19 (6) conduct that endangers the health, safety, or
5-20 property of persons using historical parks, structures, or sites
5-21 under the commission's jurisdiction.
5-22 (b) A person commits an offense if the person violates a
5-23 rule adopted under this section. An offense under this subsection
5-24 is a Class C misdemeanor.
5-25 Sec. 442.206. STATE HISTORICAL AREAS FUND. (a) The state
5-26 historical areas fund is a special fund in the state treasury.
5-27 (b) The commission shall deposit to the credit of the state
6-1 historical areas fund all revenue, less allowable costs, received
6-2 from:
6-3 (1) grants or the operation of concessions in state
6-4 historical parks, structures, or sites under the commission's
6-5 jurisdiction;
6-6 (2) publications on state historical parks,
6-7 structures, or sites under the commission's jurisdiction;
6-8 (3) fees received by the commission under Subchapters
6-9 C through G;
6-10 (4) fees received by the commission under Sections
6-11 442.208 and 442.209;
6-12 (5) gifts, grants, or donations received by the
6-13 commission for the purposes of this subchapter;
6-14 (6) fines or penalties received from violations of
6-15 rules adopted under Section 442.212;
6-16 (7) revenue collected under Section 442.213; and
6-17 (8) any other source provided by law.
6-18 (c) The commission may use the money in the fund only to
6-19 plan, acquire, maintain, improve, or operate state historical
6-20 parks, structures, or sites under the commission's jurisdiction.
6-21 Sec. 442.207. GIFTS, GRANTS, AND DONATIONS. The commission
6-22 may receive gifts, grants, or donations for the purpose of
6-23 operating, maintaining, or improving a state historical park,
6-24 structure, or site under the commission's jurisdiction.
6-25 Sec. 442.208. FEES. (a) The commission may charge and
6-26 collect fees for the admission to or other use of a state
6-27 historical park, structure, or site under the commission's
7-1 jurisdiction.
7-2 (b) The holder of a state parklands passport issued under
7-3 Section 13.018, Parks and Wildlife Code, is entitled to enter a
7-4 state historical park, structure, or site under the commission's
7-5 jurisdiction without payment of an entrance or admission fee. When
7-6 a fee is charged by the commission for entrance of a vehicle into a
7-7 state historical park, structure, or site, the vehicle of the
7-8 holder of a state parklands passport is exempt from the fee when
7-9 the holder is present.
7-10 Sec. 442.209. LODGING OR CAMPSITE RESERVATIONS. The
7-11 commission may permit the advance reservation of a lodging or
7-12 campsite at a state historical park, structure, or site under the
7-13 commission's jurisdiction and require the payment of a fee by a
7-14 person making the reservation. If a reservation is canceled at
7-15 least 72 hours before the day the lodging or campsite is first to
7-16 be occupied under the reservation, the reservation fee shall be
7-17 refunded. If the reservation is confirmed by the person's arriving
7-18 at the historical park, structure, or site, the reservation fee
7-19 shall be applied to the first day's use fee. A use fee may not be
7-20 required in advance as part of the reservation procedure.
7-21 Sec. 442.210. CONCESSIONS. The commission may operate or
7-22 grant a contract to operate a concession in a state historical
7-23 park, structure, or site under the commission's jurisdiction. The
7-24 commission may make rules governing the granting or operating of
7-25 concessions.
7-26 Sec. 442.211. PUBLICATIONS. (a) The commission may provide
7-27 or sell information, including books, magazines, photographs,
8-1 prints, and bulletins, to the public on state historical parks,
8-2 structures, and sites under the commission's jurisdiction.
8-3 (b) The commission may enter into contractual agreements for
8-4 publication of information concerning state historical parks,
8-5 structures, and sites under the commission's jurisdiction.
8-6 (c) The commission may receive royalties on commission-owned
8-7 materials that are sold or supplied to others by the commission for
8-8 publication.
8-9 Sec. 442.212. REGULATION AND ENFORCEMENT OF MINERAL RIGHTS;
8-10 PENALTIES. (a) The commission by rule may regulate the use of
8-11 state historical park, structure, or site land under the
8-12 commission's jurisdiction for oil, gas, and other mineral recovery
8-13 and associated activities as the commission considers reasonable
8-14 and necessary to protect the surface estate of that land under the
8-15 jurisdiction of the commission or to protect human health or
8-16 property.
8-17 (b) If a person has violated, is violating, or is
8-18 threatening to violate a rule adopted under this section, the
8-19 executive director may have a civil suit brought in a district
8-20 court for injunctive relief, for assessment and recovery of a civil
8-21 penalty of not less than $100 for each act of violation, or for
8-22 both injunctive relief and a civil penalty.
8-23 (c) A suit under this section shall be brought in the name
8-24 of the commission through the attorney general.
8-25 (d) Reasonable attorney's fees shall also be recoverable,
8-26 with reimbursement to the operating fund from which the expenditure
8-27 occurred.
9-1 (e) This section does not affect the regulatory authority of
9-2 the Railroad Commission of Texas.
9-3 Sec. 442.213. LEASE OF GRAZING AND FARMING RIGHTS. (a) The
9-4 commission may lease any state historical park or site under the
9-5 commission's jurisdiction or any area of a state historical park or
9-6 site under the commission's jurisdiction for the purpose of grazing
9-7 livestock or growing agricultural crops.
9-8 (b) The commission may agree to accept livestock instead of
9-9 money as payment for grazing rights granted under this section. If
9-10 the commission accepts livestock as payment, the commission shall
9-11 sell the livestock for its fair market value.
9-12 (c) The commission may agree to accept crops instead of
9-13 money as payment for farming rights granted under this section. If
9-14 the commission accepts crops as payment, the commission shall
9-15 either sell the crop for its fair market value or shall use the
9-16 crop in any state historical park or site under the commission's
9-17 jurisdiction.
9-18 Sec. 442.214. HUNTING AND FISHING. (a) The commission by
9-19 rule may allow hunting or fishing on state land that is a part of a
9-20 state historical park, structure, or site under the commission's
9-21 jurisdiction.
9-22 (b) The Parks and Wildlife Department shall regulate hunting
9-23 or fishing on state land on which the commission allows hunting or
9-24 fishing.
9-25 SECTION 9. Subchapter F, Chapter 22, Parks and Wildlife
9-26 Code, is transferred to Chapter 442, Government Code, designated as
9-27 Subchapter C, and amended to read as follows:
10-1 SUBCHAPTER C [F]. GOLIAD STATE PARK
10-2 Sec. 442.251 [22.081]. Jurisdiction. Goliad State Park,
10-3 including the General Ignacio Zaragoza Birthplace and the Mission
10-4 of San Rosario, is under the jurisdiction of the commission
10-5 [department].
10-6 Sec. 442.252 [22.082]. General Ignacio Zaragoza Birthplace.
10-7 (a) The commission [department] may care for and protect the
10-8 birthplace of General Ignacio Zaragoza and shall designate the site
10-9 as the General Ignacio Zaragoza Birthplace.
10-10 (b) The site originally accepted by the state includes
10-11 approximately two acres, described as lots 4, 5, 6, 11, 12, 13, 14,
10-12 15, and 16 in Block X, La Bahia Townsite, in Goliad County.
10-13 Sec. 442.253 [22.083]. Mission of San Rosario. (a) The
10-14 commission [department] shall care for the grounds of the Mission
10-15 of San Rosario as a suitable and appropriate memorial and shall
10-16 enclose the mission grounds with an appropriate and substantial
10-17 park fence.
10-18 (b) The original boundaries of the mission consist of the
10-19 surface title of 4.77 acres of land in the County of Goliad, Texas,
10-20 said 4.77 acres of land, more or less, being the following
10-21 described parcel of land:
10-22 BEGINNING at a concrete monument in the Southeast Right-of-Way line
10-23 of State Highway No. 12, same being a R/W marker for said Highway,
10-24 and being 50 ft. at right angles from the center line of said
10-25 Highway, and marked Sta. 914/00;
10-26 THENCE South 39 deg. 36 min. West, with right-of-way fence, 295.9
10-27 ft. to a concrete monument for corner of this present survey;
11-1 THENCE South 56 deg. 02 min. East, at 148.0 ft. an iron pipe, at
11-2 350.0 ft. a concrete monument for corner of this present survey;
11-3 THENCE South 32 deg. 08 min. East, at 69.9 ft. an iron pipe, at
11-4 193.3 ft. a tack in cedar post at 241.4 ft. a concrete monument for
11-5 corner of this present survey;
11-6 THENCE North 83 deg. 35 min. East, 193.4 ft. to a concrete monument
11-7 for corner of this present survey;
11-8 THENCE North 17 deg. 46 min. East, at 109.7 ft. an iron pipe, at
11-9 227.3 ft. a concrete monument for corner of this present survey;
11-10 THENCE North 43 deg. 17 min. West, at 116.8 ft. an iron pipe, at
11-11 240.5 ft. a concrete monument for corner of this present survey;
11-12 THENCE North 57 deg. 21 min. West, at 193.3 ft. an iron pipe, at
11-13 356.3 ft. a concrete monument for corner of this present survey;
11-14 same being a highway R/W marker for said Highway for extra width in
11-15 R/W and also marked Sta. 914/00;
11-16 THENCE North 49 deg. 55 min. West, with Highway R/W line, 34.9 ft.
11-17 to the place of beginning;
11-18 Containing Four and 77/100 (4.77) acres of land and all being out
11-19 of Maria de Jesus de Leon Survey, Abstract 21, Goliad County,
11-20 Texas.
11-21 Said 4.77 acres of land, more or less, being the land
11-22 conveyed to the County of Goliad by William J. O'Connor on July 15,
11-23 1935, as shown by deed of such date duly recorded in Volume 77,
11-24 Page 565, of the Deed Records of Goliad County, Texas, on July 17,
11-25 1935, and to which reference is here made for all pertinent
11-26 purposes.
11-27 Sec. 442.254 [22.084]. Improvements. The commission
12-1 [department] may construct, maintain, and repair historical and
12-2 recreational structures and facilities in the park.
12-3 Sec. 442.255 [22.085]. Reversion of Title; Mineral
12-4 Reservation. (a) If the state ceases to use the General Ignacio
12-5 Zaragoza Birthplace or the Mission of San Rosario as park land, all
12-6 right, title, and interest shall revert to Goliad County.
12-7 (b) All minerals under the land accepted as the Mission of
12-8 San Rosario are excepted from any conveyance to the state.
12-9 SECTION 10. Subchapter I, Chapter 22, Parks and Wildlife
12-10 Code, is transferred to Chapter 442, Government Code, designated as
12-11 Subchapter D, and amended to read as follows:
12-12 SUBCHAPTER D [I]. HUECO TANKS STATE PARK
12-13 Sec. 442.261 [22.111]. Control. The commission [department]
12-14 has control of Hueco Tanks State Park and shall improve, preserve,
12-15 restore, and protect the land and property in the park.
12-16 Sec. 442.262 [22.112]. Acceptance of Gifts. The commission
12-17 [department] may accept gifts for constructing, building,
12-18 advertising, or creating the park, including gifts for public
12-19 exhibition that relate to the history of the park or the state.
12-20 Sec. 442.263 [22.113]. Title to Park. The title of the land
12-21 known as Hueco Tanks in El Paso County is in the name of the state
12-22 and is subject to limitations, conditions, and exceptions made by
12-23 the former owners and approved by the Parks and Wildlife Department
12-24 [department] or the department's predecessor.
12-25 SECTION 11. Subchapter K, Chapter 22, Parks and Wildlife
12-26 Code, is transferred to Chapter 442, Government Code, designated as
12-27 Subchapter E, and amended to read as follows:
13-1 SUBCHAPTER E [K]. NIMITZ STATE PARK
13-2 Sec. 442.271 [22.151]. Jurisdiction. The Nimitz State Park,
13-3 located near Fredericksburg in Gillespie County, is under the
13-4 jurisdiction of the commission [department].
13-5 Sec. 442.272 [22.152]. Powers of COMMISSION [DEPARTMENT].
13-6 The commission [department] may:
13-7 (1) accept gifts for the construction, building, or
13-8 advertising of the park;
13-9 (2) accept gifts for exhibition dealing with the
13-10 history or life of Fleet Admiral Chester W. Nimitz;
13-11 (3) advertise the affairs of the park;
13-12 (4) make rules and regulations for administration of
13-13 the park;
13-14 (5) hire personnel necessary to carry out its duties;
13-15 (6) grant concessions; and
13-16 (7) operate and maintain the park.
13-17 SECTION 12. Subchapter Q, Chapter 22, Parks and Wildlife
13-18 Code, is transferred to Chapter 442, Government Code, designated as
13-19 Subchapter F, and amended to read as follows:
13-20 SUBCHAPTER F [Q]. FLEET ADMIRAL CHESTER W. NIMITZ
13-21 MEMORIAL NAVAL MUSEUM
13-22 Sec. 442.281 [22.231]. MUSEUM JURISDICTION. The Fleet
13-23 Admiral Chester W. Nimitz Memorial Naval Museum is under the
13-24 jurisdiction of the commission [department].
13-25 Sec. 442.282 [22.232]. POWERS OF COMMISSION [DEPARTMENT].
13-26 With respect to the Nimitz museum and in addition to its other
13-27 powers and duties, the commission [department]:
14-1 (1) shall foster and commemorate the memory of the era
14-2 of supreme United States naval power upon the seas and the men and
14-3 women of the armed services whose gallant and selfless dedication
14-4 to duty made this era possible;
14-5 (2) shall administer the Fleet Admiral Chester W.
14-6 Nimitz Memorial Naval Museum at Fredericksburg;
14-7 (3) shall act in any other capacity relative to
14-8 preserving naval documents, relics, and other items of historical
14-9 interest;
14-10 (4) may employ and discharge a museum director and
14-11 other employees it deems necessary to fulfill its duties and
14-12 responsibilities within the limits of funds available;
14-13 (5) may accept on behalf of the State of Texas
14-14 donations of money, property, and historical relics related to the
14-15 museum's theme; and
14-16 (6) may acquire property and historical relics by
14-17 purchase within the limits of funds available.
14-18 SECTION 13. Chapter 442, Government Code, is amended by
14-19 adding Subchapter G to read as follows:
14-20 SUBCHAPTER G. OTHER STATE HISTORICAL PARKS,
14-21 STRUCTURES, AND SITES
14-22 Sec. 442.291. HISTORICAL PARKS. The following state
14-23 historical parks are under the jurisdiction of the commission:
14-24 (1) Sabine Pass Battleground State Historical Park,
14-25 Jefferson County;
14-26 (2) Seminole Canyon State Historical Park, Val Verde
14-27 County;
15-1 (3) Varner-Hogg Plantation State Historical Park,
15-2 Brazoria County; and
15-3 (4) Washington-on-the-Brazos State Historical Park,
15-4 Washington County.
15-5 Sec. 442.292. HISTORIC STRUCTURES. The following state
15-6 historic structures are under the jurisdiction of the commission:
15-7 (1) Fulton Mansion, Aransas County;
15-8 (2) Sam Bell Maxey House, Lamar County; and
15-9 (3) Sebastopol House, Guadalupe County.
15-10 Sec. 442.293. HISTORIC SITES. The following state historic
15-11 sites are under the jurisdiction of the commission:
15-12 (1) Caddoan Mounds, Cherokee County;
15-13 (2) Eisenhower Birthplace, Grayson County;
15-14 (3) Fanthorp Inn, Grimes County;
15-15 (4) Fort Lancaster, Crockett County;
15-16 (5) Fort Leaton, Presidio County;
15-17 (6) Fort McKavett, Menard County;
15-18 (7) Jose Antonio Navarro, Bexar County;
15-19 (8) Kreische Brewery, Fayette County;
15-20 (9) Landmark Inn, Medina County;
15-21 (10) Lipantitlan, Nueces County;
15-22 (11) Lubbock Lake Landmark, Lubbock County;
15-23 (12) Magoffin Home, El Paso County;
15-24 (13) Monument Hill, Fayette County; and
15-25 (14) Starr Family Home, Harrison County.
15-26 SECTION 14. Section 11.035(b), Parks and Wildlife Code, is
15-27 amended to read as follows:
16-1 (b) The department shall deposit to the credit of the state
16-2 parks account all revenue, less allowable costs, received from the
16-3 following sources:
16-4 (1) grants or operation of concessions in state parks
16-5 or fishing piers;
16-6 (2) publications on state parks, state historic sites
16-7 under the department's jurisdiction, or state scientific areas;
16-8 (3) fines or penalties received from violations of
16-9 regulations governing parks issued pursuant to Subchapter B,
16-10 Chapter 13, of this code;
16-11 (4) fees and revenue collected under Section 11.027(b)
16-12 or (c) of this code that are associated with state park lands;
16-13 (5) $1,125,000 per month and 40 percent of the amount
16-14 above $27 million per year of credits made to the department under
16-15 Section 151.801, Tax Code; and
16-16 (6) any other source provided by law.
16-17 SECTION 15. Section 13.018(c), Parks and Wildlife Code, is
16-18 amended to read as follows:
16-19 (c) The holder of a state parklands passport issued on or
16-20 before August 31, 1995, a person whose birth date is before
16-21 September 1, 1930, or a veteran described by Subsection (a)(2) is
16-22 entitled to enter any state park without payment of an entrance or
16-23 admission fee and subject to Section 442.208, Government Code, may
16-24 enter a state historical park, structure, or site. When a fee is
16-25 charged by the department for entrance of a vehicle into a state
16-26 park, the vehicle of the holder of a state parklands passport is
16-27 exempt from the fee when the holder is present.
17-1 SECTION 16. Section 13.106, Parks and Wildlife Code, is
17-2 amended to read as follows:
17-3 Sec. 13.106. Posting of Regulations. All specific or
17-4 general regulations applying to a state park, [historic site,]
17-5 scientific area, [or] fort, or historic site under the department's
17-6 jurisdiction must be posted in a conspicuous place at the park,
17-7 site, or fort. A copy of the regulations shall be made available
17-8 on request to persons using the park.
17-9 SECTION 17. Section 13.108(a), Parks and Wildlife Code, is
17-10 amended to read as follows:
17-11 (a) Any person directly or indirectly responsible for
17-12 disruptive, destructive, or violent conduct which endangers
17-13 property or the health, safety, or lives of persons or animals may
17-14 be removed from a park, [historic site,] scientific area, [or]
17-15 fort, or historic site under the department's jurisdiction for a
17-16 period not to exceed 48 hours.
17-17 SECTION 18. Section 26.001(a), Parks and Wildlife Code, is
17-18 amended to read as follows:
17-19 (a) A department, agency, political subdivision, county, or
17-20 municipality of this state may not approve any program or project
17-21 that requires the use or taking of any public land designated and
17-22 used prior to the arrangement of the program or project as a park,
17-23 recreation area, scientific area, wildlife refuge, or historic site
17-24 under the department's jurisdiction[,] unless the department,
17-25 agency, political subdivision, county, or municipality, acting
17-26 through its duly authorized governing body or officer, determines
17-27 that:
18-1 (1) there is no feasible and prudent alternative to
18-2 the use or taking of such land; and
18-3 (2) the program or project includes all reasonable
18-4 planning to minimize harm to the land, as a park, recreation area,
18-5 scientific area, wildlife refuge, or historic site, resulting from
18-6 the use or taking.
18-7 SECTION 19. Section 43.521(d), Parks and Wildlife Code, is
18-8 amended to read as follows:
18-9 (d) A person is not required to possess a conservation
18-10 permit at [Washington-on-the-Brazos or] San Jacinto State Park
18-11 [Parks] or to attend musical or theatrical productions at Galveston
18-12 Island or Palo Duro State Parks.
18-13 SECTION 20. Section 62.062, Parks and Wildlife Code, is
18-14 amended to read as follows:
18-15 Sec. 62.062. Season. (a) As sound biological management
18-16 practices warrant and until August 31, 1995, the commission may
18-17 prescribe an open season for hunting in state parks or in[,]
18-18 forts[,] or sites under the department's jurisdiction where size,
18-19 location, and other physical conditions permit hunting.
18-20 (b) After August 31, 1995, as sound biological practices
18-21 warrant, and after it has established a classification system for
18-22 parks in accordance with Section 13.001(b) of this code, the
18-23 commission may prescribe an open season for recreational hunting in
18-24 state parks or in[,] forts[,] or sites under the department's
18-25 jurisdiction where size, location, physical conditions, safety, and
18-26 other uses permit hunting.
18-27 SECTION 21. Section 62.063, Parks and Wildlife Code, is
19-1 amended to read as follows:
19-2 Sec. 62.063. Regulatory Authority. The commission may
19-3 prescribe the number, size, kind, and sex and the means and methods
19-4 of taking any wildlife during an open season in a state park, fort,
19-5 or historic site under the department's jurisdiction.
19-6 SECTION 22. Section 62.064, Parks and Wildlife Code, is
19-7 amended to read as follows:
19-8 Sec. 62.064. Fee for Hunting. The commission may set a
19-9 reasonable fee to be collected for hunting in state parks, forts,
19-10 and sites under the department's jurisdiction.
19-11 SECTION 23. Section 62.066, Parks and Wildlife Code, is
19-12 amended to read as follows:
19-13 Sec. 62.066. Management of Resources. The commission may
19-14 direct the service or division of the department charged with the
19-15 management of wildlife resources to manage the aquatic and wildlife
19-16 resources found in state parks, forts, or historic sites under the
19-17 department's jurisdiction.
19-18 SECTION 24. Section 11.035, Parks and Wildlife Code, is
19-19 amended by adding Subsection (c) to read as follows:
19-20 (c) For each fiscal year the comptroller shall transfer $3.5
19-21 million from the state parks account to an account in the general
19-22 revenue fund to be known as the historical parks, structures, and
19-23 sites account and to be used by the Texas Historical Commission for
19-24 the administration of historical parks, structures, and sites under
19-25 the jurisdiction of the Texas Historical Commission.
19-26 SECTION 25. If the General Appropriations Act does not
19-27 contain an appropriation to the Texas Historical Commission for the
20-1 fiscal biennium ending August 31, 1999, for the administration of
20-2 historical parks, structures, and sites transferred to the
20-3 jurisdiction of the commission under this Act, the sum of $3.5
20-4 million is appropriated from the historical parks, structures, and
20-5 sites account in the general revenue fund to the commission for
20-6 each fiscal year of that biennium for that purpose. The
20-7 appropriation to the Parks and Wildlife Department from the state
20-8 parks account is reduced by an equivalent amount each fiscal year
20-9 of that biennium.
20-10 SECTION 26. This Act takes effect September 1, 1997.
20-11 SECTION 27. (a) The powers and duties of the Parks and
20-12 Wildlife Department with regard to the state-owned historical
20-13 parks, structures, and sites transferred by this Act from the Parks
20-14 and Wildlife Department to the Texas Historical Commission are
20-15 transferred, as provided by this Act, on the effective date of this
20-16 Act.
20-17 (b) All files and records of the Parks and Wildlife
20-18 Department kept by that department regarding any state-owned
20-19 historical park, structure, or site transferred by this Act from
20-20 the Parks and Wildlife Department to the Texas Historical
20-21 Commission shall be transferred to the Texas Historical Commission
20-22 on that date.
20-23 (c) All equipment, property, and unobligated and unexpended
20-24 appropriations of the Parks and Wildlife Department designated for
20-25 the administration of the historical parks, structures, and sites
20-26 transferred by this Act from the Parks and Wildlife Department to
20-27 the Texas Historical Commission shall be transferred to the Texas
21-1 Historical Commission on that date.
21-2 SECTION 28. A rule adopted by the Parks and Wildlife
21-3 Commission before the effective date of this Act that relates to a
21-4 state-owned historical park, structure, or site transferred by this
21-5 Act from the Parks and Wildlife Department to the Texas Historical
21-6 Commission is, on the effective date of this Act, a rule of the
21-7 Texas Historical Commission and remains in effect until amended or
21-8 repealed by the Texas Historical Commission. This section expires
21-9 September 1, 1999.
21-10 SECTION 29. The importance of this legislation and the
21-11 crowded condition of the calendars in both houses create an
21-12 emergency and an imperative public necessity that the
21-13 constitutional rule requiring bills to be read on three several
21-14 days in each house be suspended, and this rule is hereby suspended.