HBA-NLM S.B. 872 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 872 By: Brown Land & Resource Management 4/21/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Parks and Wildlife Department (department) has limited authority to acquire and dispose of property. There is concern that the restrictions on the department's authority may prevent the department from implementing an aggressive asset management program. The purpose of this bill is to clarify and expand the department's authority to perform land transactions. S.B. 872 authorizes the department to lease land to a nonprofit organization. S.B. 872 authorizes the department to solicit and receive donations of land for public purposes and to refuse donations of land not acceptable for public purposes. In addition, the department has the authority to transfer title to specified entities including to any legally authorized entity if the property is to be used for public purposes, if the title to a site has vested in the department, and if the ownership of the site is no longer in the best interest of the department. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 13.006, Parks and Wildlife Code, as follows: Sec. 13.006. New title: LEASE OF LANDS. Authorizes the Parks and Wildlife Department (department) to lease land to a nonprofit organization. Prohibits the leased area from being referred to as a state facility, rather than a state park, and prohibits the use of state funds to operate or maintain a leased property, rather than park. Provides that the lease agreement is determined by the department and the lessee, rather than by the department and the governing body of the political subdivision. Deletes a specification that the department is authorized to lease land for park purposes. SECTION 2. Amends Sections 13.008(a) and (b), Parks and Wildlife Code, to authorize the department to solicit and receive donations of land for public, rather than state park, purposes and to refuse donations of land not acceptable for public, rather than park, purposes. Authorizes the department to transfer the title to specified entities including to any legally authorized entity if the property is to be used for public purposes, if the title to a site has vested in the department, rather than state for park purposes, and if the ownership of the site is no longer in the best interest of the department, rather than deemed unsuitable for a state park by the department. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 13.009, Parks and Wildlife Code, as follows: Sec. 13.009. SALE OR EXCHANGE OF LAND. Deletes existing text authorizing the department's director to execute a deed exchanging real property or an interest in real property to be used by the department for the same purpose as the property relinquished. Deletes existing text authorizing the director to execute a deed selling real property or an interest in real property suitable for the purpose for which it was acquired. Deletes existing text providing that the title to land received in the exchange must be approved by the attorney general, and that all transactions for the exchange of land under this section must have the prior written approval of the governor. Makes conforming and nonsubstantive changes. SECTION 4. Effective date: September 1, 1999. SECTION 5.Emergency clause.