1-1 By: Cook, Dutton (Senate Sponsor - West) H.B. No. 2108
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Finance; May 6, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; May 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend H.B. No. 2108 (House engrossment) as follows:
1-8 (1) In SECTION 2 of the bill, in added Subsection (e),
1-9 Section 24.005, Parks and Wildlife Code (page 1, line 60), strike
1-10 "program" and substitute "programs".
1-11 (2) In SECTION 2 of the bill, in added Subsection (e),
1-12 Section 24.005, Parks and Wildlife Code (page 1, line 60), strike
1-13 "Subsection (d)" and substitute "this chapter".
1-14 (3) In SECTION 3 of the bill, in amended Section 24.006,
1-15 Parks and Wildlife Code (page 1, line 63), strike "(a)".
1-16 (4) In SECTION 3 of the bill, in amended Section 24.006,
1-17 Parks and Wildlife Code (page 2, line 7, through page 2, line 11),
1-18 strike added Subsection (b).
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to state assistance for local parks and recreational,
1-22 cultural resource, and open space areas.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 24.001, Parks and Wildlife Code, is
1-25 amended by adding Subdivisions (10), (11), and (12) to read as
1-26 follows:
1-27 (10) "Cultural resource site or area" means a site or
1-28 area determined by the commission to have valuable and vulnerable
1-29 cultural or historical resources.
1-30 (11) "Nonprofit corporation" means a nonpolitical
1-31 legal entity incorporated under the laws of this state that has
1-32 been granted an exemption from federal income tax under Section
1-33 501(c), Internal Revenue Code of 1986, as amended.
1-34 (12) "Underserved population" means any group of
1-35 people that is low income, inner city, or rural as determined by
1-36 the last census, or minority, physically or mentally challenged
1-37 youth at risk, youth, or female.
1-38 SECTION 2. Section 24.005, Parks and Wildlife Code, is
1-39 amended by amending Subsection (c) and adding Subsections (d) and
1-40 (e) to read as follows:
1-41 (c) Money granted to a political subdivision under this
1-42 section may [not] be used for the operation and maintenance of
1-43 parks, recreational areas, cultural resource sites or areas, and
1-44 open space areas only:
1-45 (1) if the park, site, or area is owned or operated
1-46 and maintained by the department and is being transferred by the
1-47 commission for public use to a political subdivision for operation
1-48 and maintenance;
1-49 (2) during the period the commission determines to be
1-50 necessary to effect the official transfer of the park, site, or
1-51 area; and
1-52 (3) if money is available under Section 24.006(b).
1-53 (d) The department shall make grants of money from the
1-54 account to a political subdivision or nonprofit corporation for
1-55 recreation, conservation, or education programs for underserved
1-56 populations to encourage and implement increased access to and use
1-57 of parks, recreational areas, cultural resource sites or areas, and
1-58 open space areas by underserved populations.
1-59 (e) The department may provide from the account for direct
1-60 administrative costs of the program described by Subsection (d).
1-61 SECTION 3. Section 24.006, Parks and Wildlife Code, is
1-62 amended to read as follows:
1-63 Sec. 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. (a)
2-1 When revenues to the Texas recreation and parks account exceed $14
2-2 million per year, an amount not less than [to exceed] 15 percent
2-3 shall be made available for grants to local governments for up to
2-4 50 percent of the cost of acquisition or development of indoor
2-5 public recreation facilities for indoor recreation programs, sports
2-6 activities, nature programs, or exhibits.
2-7 (b) When revenues to the Texas recreation and parks account
2-8 exceed $15.5 million per year, an amount not to exceed 20 percent
2-9 of the revenues in excess of $15.5 million per year may be made
2-10 available for grants to effect the transfers described by Section
2-11 24.005(c).
2-12 SECTION 4. Sections 24.008(a), (e), and (f), Parks and
2-13 Wildlife Code, are amended to read as follows:
2-14 (a) No property may be acquired with grant money made under
2-15 this chapter or by the department under this chapter if the
2-16 purchase price exceeds the fair market value of the property as
2-17 determined by one [two] independent appraiser [appraisers].
2-18 (e) If land or water designated for park, recreational,
2-19 cultural resource, or open space use is included in the local and
2-20 regional park, recreational, cultural resource, and open space
2-21 plans for two or more [contiguous] jurisdictions, the two or more
2-22 jurisdictions may cooperate under state law to secure assistance
2-23 from the account to acquire or develop the property. In those
2-24 cases, the department may modify the standards for individual
2-25 applicants but must be assured that a cooperative management plan
2-26 for the land or water can be developed and effectuated and that one
2-27 of the jurisdictions possesses the necessary qualifications to
2-28 perform contractual responsibilities for purposes of the grant.
2-29 (f) All land or water purchased with assistance from the
2-30 account shall be dedicated for park, recreational, cultural
2-31 resource, indoor recreation center, and open space purposes in
2-32 perpetuity and may not be used for any other purpose, except where
2-33 the use is compatible with park, recreational, cultural resource,
2-34 and open space objectives, and the use is approved in advance by
2-35 the department.
2-36 SECTION 5. Section 24.009(a), Parks and Wildlife Code, is
2-37 amended to read as follows:
2-38 (a) On the approval of a grant under this chapter and on the
2-39 written request by the director, the comptroller of public accounts
2-40 shall issue a warrant drawn against the Texas recreation and parks
2-41 account and payable to the political subdivision or nonprofit
2-42 corporation in the amount specified by the director.
2-43 SECTION 6. Section 24.011, Parks and Wildlife Code, is
2-44 amended to read as follows:
2-45 Sec. 24.011. NONCOMPLIANCE WITH ACT. The attorney general
2-46 shall file suit in a court of competent jurisdiction against a
2-47 political subdivision or nonprofit corporation that fails to comply
2-48 with the requirements of this chapter to recover the full amount of
2-49 the grant plus interest on that amount of five percent a year
2-50 accruing from the time of noncompliance or for injunctive relief to
2-51 require compliance with this chapter. If the court finds that the
2-52 political subdivision or nonprofit corporation has not complied
2-53 with the requirements of this chapter, it is not eligible for
2-54 further participation in the program for three years following the
2-55 finding for noncompliance.
2-56 SECTION 7. Sections 24.008(b) and (d), Parks and Wildlife
2-57 Code, are repealed.
2-58 SECTION 8. This Act takes effect September 1, 1999.
2-59 SECTION 9. The importance of this legislation and the
2-60 crowded condition of the calendars in both houses create an
2-61 emergency and an imperative public necessity that the
2-62 constitutional rule requiring bills to be read on three several
2-63 days in each house be suspended, and this rule is hereby suspended.
2-64 * * * * *