SRC-AXB S.B. 872 76(R)BILL ANALYSIS


Senate Research CenterS.B. 872
By: Brown
State Affairs
6/21/1999
Enrolled


DIGEST 

Currently, the Texas Parks and Wildlife Department (TPWD) has some
authority to acquire and dispose of property.  However, this authority is
specific and limiting, and greater flexibility is needed to implement an
aggressive asset management program.  This bill clarifies and expands TPWD
authority to perform land transactions.  

PURPOSE

As enrolled, S.B. 872 clarifies and expands Parks and Wildlife Department
authority to perform land transactions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13.006, Parks and Wildlife Code, as follows:
 
Sec.  13.006.  New heading:  LEASE OF LANDS.  Authorizes the Parks and
Wildlife Department (TPWD) to lease land to a nonprofit organization.
Prohibits the leased area from being referred to as a facility, rather than
a park, and prohibits the use of state funds to administer a leased
property, rather than park.  Provides that the lease agreement is
determined by TPWD and the lessee, rather than the governing body of the
political subdivision.  Deletes a specification that TPWD is authorized to
lease land for park purposes.  

SECTION 2.  Amends Sections 13.008(a) and (b), Parks and Wildlife Code, to
authorize TPWD to receive and refuse land for public, rather than state
park purposes.  Clarifies and expands TPWD's authority to transfer title to
a site. 

SECTION 3.  Amends Section 13.009, Parks and Wildlife Code, to authorize
the sale of TPWD property if its ownership is no longer in TPWD's best
interest, rather than suitable for the purpose for which it was intended.
Requires TPWD, rather than the state, to receive a land title.  Deletes a
provision regarding a potential sale of land used by TPWD.  Deletes
requirements for attorney general and governor approval of land exchange
transactions.  Makes conforming changes. 

SECTION 4. Effective date:  September 1, 1999.

SECTION 5.Emergency clause.