76R10729 MI-F
By Cook H.B. No. 2108
Substitute the following for H.B. No. 2108:
By Alexander C.S.H.B. No. 2108
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state assistance for local parks and recreational,
1-3 cultural resource, and open space areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 24.001, Parks and Wildlife Code, is
1-6 amended by adding Subdivisions (10), (11), and (12) to read as
1-7 follows:
1-8 (10) "Cultural resource site or area" means a site or
1-9 area determined by the commission to have valuable and vulnerable
1-10 cultural or historical resources.
1-11 (11) "Nonprofit corporation" means a nonpolitical
1-12 legal entity incorporated under the laws of this state that has
1-13 been granted an exemption from federal income tax under Section
1-14 501(c), Internal Revenue Code of 1986, as amended.
1-15 (12) "Underserved population" means any group of
1-16 people that is low income, inner city, or rural as determined by
1-17 the last census, or minority, physically or mentally challenged
1-18 youth at risk, youth, or female.
1-19 SECTION 2. Section 24.005, Parks and Wildlife Code, is
1-20 amended by amending Subsection (c) and adding Subsections (d) and
1-21 (e) to read as follows:
1-22 (c) Money granted to a political subdivision under this
1-23 section may [not] be used for the operation and maintenance of
1-24 parks, recreational areas, cultural resource sites or areas, and
2-1 open space areas only:
2-2 (1) if the park, site, or area is owned or operated
2-3 and maintained by the department and is being transferred by the
2-4 commission for public use to a political subdivision for operation
2-5 and maintenance;
2-6 (2) during the period the commission determines to be
2-7 necessary to effect the official transfer of the park, site, or
2-8 area; and
2-9 (3) if money is available under Section 24.006(b).
2-10 (d) The department shall make grants of money from the
2-11 account to a political subdivision or nonprofit corporation for
2-12 recreation, conservation, or education programs for underserved
2-13 populations to encourage and implement increased access to and use
2-14 of parks, recreational areas, cultural resource sites or areas, and
2-15 open space areas by underserved populations.
2-16 (e) The department may provide from the account for direct
2-17 administrative costs of the program described by Subsection (d).
2-18 SECTION 3. Section 24.006, Parks and Wildlife Code, is
2-19 amended to read as follows:
2-20 Sec. 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. (a)
2-21 When revenues to the Texas recreation and parks account exceed $14
2-22 million per year, an amount not less than [to exceed] 15 percent
2-23 shall be made available for grants to local governments for up to
2-24 50 percent of the cost of acquisition or development of indoor
2-25 public recreation facilities for indoor recreation programs, sports
2-26 activities, nature programs, or exhibits.
2-27 (b) When revenues to the Texas recreation and parks account
3-1 exceed $15.5 million per year, an amount not to exceed 20 percent
3-2 of the revenues in excess of $15.5 million per year may be made
3-3 available for grants to effect the transfers described by Section
3-4 24.005(c).
3-5 SECTION 4. Sections 24.008(a), (e), and (f), Parks and
3-6 Wildlife Code, are amended to read as follows:
3-7 (a) No property may be acquired with grant money made under
3-8 this chapter or by the department under this chapter if the
3-9 purchase price exceeds the fair market value of the property as
3-10 determined by one [two] independent appraiser [appraisers].
3-11 (e) If land or water designated for park, recreational,
3-12 cultural resource, or open space use is included in the local and
3-13 regional park, recreational, cultural resource, and open space
3-14 plans for two or more [contiguous] jurisdictions, the two or more
3-15 jurisdictions may cooperate under state law to secure assistance
3-16 from the account to acquire or develop the property. In those
3-17 cases, the department may modify the standards for individual
3-18 applicants but must be assured that a cooperative management plan
3-19 for the land or water can be developed and effectuated and that one
3-20 of the jurisdictions possesses the necessary qualifications to
3-21 perform contractual responsibilities for purposes of the grant.
3-22 (f) All land or water purchased with assistance from the
3-23 account shall be dedicated for park, recreational, cultural
3-24 resource, indoor recreation center, and open space purposes in
3-25 perpetuity and may not be used for any other purpose, except where
3-26 the use is compatible with park, recreational, cultural resource,
3-27 and open space objectives, and the use is approved in advance by
4-1 the department.
4-2 SECTION 5. Section 24.009(a), Parks and Wildlife Code, is
4-3 amended to read as follows:
4-4 (a) On the approval of a grant under this chapter and on the
4-5 written request by the director, the comptroller of public accounts
4-6 shall issue a warrant drawn against the Texas recreation and parks
4-7 account and payable to the political subdivision or nonprofit
4-8 corporation in the amount specified by the director.
4-9 SECTION 6. Section 24.011, Parks and Wildlife Code, is
4-10 amended to read as follows:
4-11 Sec. 24.011. NONCOMPLIANCE WITH ACT. The attorney general
4-12 shall file suit in a court of competent jurisdiction against a
4-13 political subdivision or nonprofit corporation that fails to comply
4-14 with the requirements of this chapter to recover the full amount of
4-15 the grant plus interest on that amount of five percent a year
4-16 accruing from the time of noncompliance or for injunctive relief to
4-17 require compliance with this chapter. If the court finds that the
4-18 political subdivision or nonprofit corporation has not complied
4-19 with the requirements of this chapter, it is not eligible for
4-20 further participation in the program for three years following the
4-21 finding for noncompliance.
4-22 SECTION 7. Sections 24.008(b) and (d), Parks and Wildlife
4-23 Code, are repealed.
4-24 SECTION 8. This Act takes effect September 1, 1999.
4-25 SECTION 9. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.