By Cook H.B. No. 2108
76R3528 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state assistance for local parks and recreational,
1-3 historical, 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 amending Subdivision (6) and adding Subdivisions (10)
1-7 and (11) to read as follows:
1-8 (6) "Parks, recreational, historical, and open space
1-9 area plan" means a comprehensive plan that includes information on
1-10 and analyses of parks, recreational, historical, and open space
1-11 area objectives, needs, resources, environment, and uses, and that
1-12 identifies the amounts, locations, characteristics, and
1-13 potentialities of areas for adequate parks, recreational,
1-14 historical, and open space opportunities.
1-15 (10) "Historical site" means a site or area determined
1-16 by the commission to have valuable and vulnerable cultural or
1-17 historical resources.
1-18 (11) "Nonprofit corporation" means a legal entity
1-19 incorporated under the laws of this state that has been granted an
1-20 exemption from federal income tax under Section 501(c), Internal
1-21 Revenue Code of 1986, as amended.
1-22 SECTION 2. Section 24.005, Parks and Wildlife Code, is
1-23 amended by amending Subsections (a) and (c) and adding Subsection
1-24 (d) to read as follows:
2-1 (a) The department shall make grants of money from the
2-2 account to a political subdivision or nonprofit corporation to
2-3 provide one-half of the costs of the planning, acquisition, or
2-4 development of a park, recreational area, historical site, or open
2-5 space area to be owned and operated by the political subdivision or
2-6 nonprofit corporation.
2-7 (c) Money granted to a political subdivision or nonprofit
2-8 corporation under this section may [not] be used for the operation
2-9 and maintenance of parks, recreational areas, historical sites, and
2-10 open space areas only under conditions established by the
2-11 department.
2-12 (d) The department shall make grants of money from the
2-13 account to a political subdivision or nonprofit corporation for
2-14 partnership programs for underserved populations to encourage and
2-15 implement increased access to and use of parks, recreational areas,
2-16 historical sites, and open space areas by underserved populations.
2-17 SECTION 3. Sections 24.008(b), (d), (e), and (f), Parks and
2-18 Wildlife Code, are amended to read as follows:
2-19 (b) A political subdivision or nonprofit corporation may
2-20 qualify for assistance in acquiring property in advance of actual
2-21 need for development if presented with the opportunity to do so.
2-22 (d) Property that is not to be developed for recreational
2-23 use for several years may be leased back to the owner if the
2-24 lessee's use of the property will not impair the character of the
2-25 property for the park, recreational, historical, or open space
2-26 purpose for which it was acquired. The terms of the lease must be
2-27 approved in writing by the department.
3-1 (e) If land or water designated for park, recreational,
3-2 historical, or open space use is included in the local and regional
3-3 park, recreational, historical, and open space plans for two or
3-4 more contiguous or partnering jurisdictions, the two or more
3-5 jurisdictions may cooperate under state law to secure assistance
3-6 from the account to acquire or develop the property. In those
3-7 cases, the department may modify the standards for individual
3-8 applicants but must be assured that a cooperative management plan
3-9 for the land or water can be developed and effectuated.
3-10 (f) All land or water purchased with assistance from the
3-11 account shall be dedicated for park, recreational, historical,
3-12 indoor recreation center, and open space purposes in perpetuity and
3-13 may not be used for any other purpose, except where the use is
3-14 compatible with park, recreational, historical, and open space
3-15 objectives, and the use is approved in advance by the department.
3-16 SECTION 4. Section 24.009(a), Parks and Wildlife Code, is
3-17 amended to read as follows:
3-18 (a) On the approval of a grant under this chapter and on the
3-19 written request by the director, the comptroller of public accounts
3-20 shall issue a warrant drawn against the Texas recreation and parks
3-21 account and payable to the political subdivision or nonprofit
3-22 corporation in the amount specified by the director.
3-23 SECTION 5. Section 24.011, Parks and Wildlife Code, is
3-24 amended to read as follows:
3-25 Sec. 24.011. NONCOMPLIANCE WITH ACT. The attorney general
3-26 shall file suit in a court of competent jurisdiction against a
3-27 political subdivision or nonprofit corporation that fails to comply
4-1 with the requirements of this chapter to recover the full amount of
4-2 the grant plus interest on that amount of five percent a year
4-3 accruing from the time of noncompliance or for injunctive relief to
4-4 require compliance with this chapter. If the court finds that the
4-5 political subdivision or nonprofit corporation has not complied
4-6 with the requirements of this chapter, it is not eligible for
4-7 further participation in the program for three years following the
4-8 finding for noncompliance.
4-9 SECTION 6. This Act takes effect September 1, 1999.
4-10 SECTION 7. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.