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.