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.

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