1-1 By: Armbrister S.B. No. 1741
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Finance; April 18, 1997,
1-4 reported favorably by the following vote: Yeas 12, Nays 0;
1-5 April 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of the Parks and Wildlife Department to
1-9 issue revenue bonds and to the allocation of certain sales, excise,
1-10 and use tax revenue to the Parks and Wildlife Department for debt
1-11 service on revenue bonds.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 11.035, Parks and
1-14 Wildlife Code, is amended to read as follows:
1-15 (b) The department shall deposit to the credit of the state
1-16 parks account all revenue, less allowable costs, received from the
1-17 following sources:
1-18 (1) grants or operation of concessions in state parks
1-19 or fishing piers;
1-20 (2) publications on state parks, state historic sites,
1-21 or state scientific areas;
1-22 (3) fines or penalties received from violations of
1-23 regulations governing parks issued pursuant to Subchapter B,
1-24 Chapter 13, of this code;
1-25 (4) fees and revenue collected under Section 11.027(b)
1-26 or (c) of this code that are associated with state park lands;
1-27 (5) $1,125,000 per month and 40 percent of the amount
1-28 greater than [above] $27 million per year but not greater than $32
1-29 million per year of credits made to the department under Section
1-30 151.801, Tax Code; and
1-31 (6) any other source provided by law.
1-32 SECTION 2. Section 11.043, Parks and Wildlife Code, is
1-33 amended to read as follows:
1-34 Sec. 11.043. TEXAS PARKS AND WILDLIFE CAPITAL ACCOUNT. (a)
1-35 The Texas parks and wildlife capital account is a separate account
1-36 in the general revenue fund.
1-37 (b) The account consists of the amount of credits made to
1-38 the department under Section 151.801, Tax Code, after allocations
1-39 to the state parks account and the Texas recreation and parks
1-40 account, proceeds of revenue bonds issued under Section 13.0045, or
1-41 any other source authorized by law.
1-42 (c) Except as provided by Subsection (d), money [Money] in
1-43 the account may be spent only for acquisition and development of
1-44 parks, fisheries, and wildlife projects that have been individually
1-45 approved by the commission. Projects that directly provide
1-46 hunting, fishing, or outdoor recreation opportunity to the public
1-47 shall be given preference for funding under this section. Approved
1-48 projects may include:
1-49 (1) acquiring land or facilities for use in any
1-50 department program;
1-51 (2) developing and improving any land or facility
1-52 owned or controlled by the department;
1-53 (3) servicing the debt on Texas park development bonds
1-54 issued under Article III, Section 49-e, of the Texas Constitution
1-55 or any other bonds issued [in the future] for parks, fisheries, or
1-56 wildlife projects; and
1-57 (4) local park grants in Chapter 24 of this code.
1-58 (d) The proceeds of bonds issued under Section 13.0045 and
1-59 deposited to the account may be spent to finance parks and wildlife
1-60 projects, including the repair, renovation, improvement, and
1-61 equipping of parks and wildlife facilities.
1-62 (e) The comptroller [treasurer] may invest money in the
1-63 account.
1-64 SECTION 3. Subsection (a), Section 13.004, Parks and
2-1 Wildlife Code, is amended to read as follows:
2-2 (a) Except as provided by Section 13.0045, the [The]
2-3 operation, maintenance, and improvement of state parks shall be
2-4 financed from the general revenue fund, the state parks account,
2-5 other accounts that may be authorized by law, and donations,
2-6 grants, and gifts received by the department for these purposes.
2-7 SECTION 4. Subchapter A, Chapter 13, Parks and Wildlife
2-8 Code, is amended by adding Section 13.0045 to read as follows:
2-9 Sec. 13.0045. REVENUE BONDS FOR PARKS AND WILDLIFE
2-10 FACILITIES. (a) The department, by resolution of the commission,
2-11 may request the Texas Public Finance Authority to issue revenue
2-12 bonds or other revenue obligations to finance the repair,
2-13 renovation, improvement, and equipping of parks and wildlife
2-14 facilities for an estimated project cost not to exceed $60 million.
2-15 (b) On receipt of the department's request, the authority
2-16 shall promptly issue the bonds or other obligations under and in
2-17 accordance with the Texas Public Finance Authority Act (Article
2-18 601d, Vernon's Texas Civil Statutes).
2-19 (c) The department shall deposit the proceeds of bonds
2-20 issued under this section to the credit of the Texas parks and
2-21 wildlife capital account and may use the proceeds only to finance
2-22 the repair, renovation, improvement, and equipping of parks and
2-23 wildlife facilities.
2-24 SECTION 5. Section 24.003, Parks and Wildlife Code, is
2-25 amended to read as follows:
2-26 Sec. 24.003. ACCOUNT REVENUE SOURCE. The department shall
2-27 deposit to the credit of the Texas recreation and parks account:
2-28 (1) $1,125,000 per month and 40 percent of the amount
2-29 greater than [above] $27 million per year but not greater than $32
2-30 million per year of credits made to the department under Section
2-31 151.801, Tax Code; or
2-32 (2) any other source authorized by law.
2-33 SECTION 6. Subsection (c), Section 151.801, Tax Code, is
2-34 amended to read as follows:
2-35 (c) The proceeds from the collection of the taxes imposed by
2-36 this chapter on the sale, storage, or use of sporting goods shall
2-37 be [deposited as follows:]
2-38 [(1) For the period beginning September 1, 1993, and
2-39 ending August 31, 1995, an amount equal to 50 cents per 1,000
2-40 cigarettes shall be deposited to the credit of the general revenue
2-41 fund, state parks account, and an amount equal to 50 cents per
2-42 1,000 cigarettes shall be deposited to the credit of the general
2-43 revenue fund, Texas recreation and parks account, and the balance
2-44 shall be retained in the general revenue fund.]
2-45 [(2) Beginning September 1, 1995, the taxes collected
2-46 shall be] credited to the Parks and Wildlife Department and
2-47 deposited as specified in the Parks and Wildlife Code. The
2-48 comptroller may [shall] not credit in excess of $37 [$32] million
2-49 in sporting goods tax revenue annually to the Parks and Wildlife
2-50 Department.
2-51 SECTION 7. This Act takes effect September 1, 1997.
2-52 SECTION 8. The importance of this legislation and the
2-53 crowded condition of the calendars in both houses create an
2-54 emergency and an imperative public necessity that the
2-55 constitutional rule requiring bills to be read on three several
2-56 days in each house be suspended, and this rule is hereby suspended.
2-57 * * * * *