SRC-MKV S.B. 934 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 934
77R5995 SGA-DBy: Nelson
Natural Resources
4/12/2001
As Filed


DIGEST AND PURPOSE 

Current law establishes that no ground-disturbing activities can be
conducted on state lands without prior permission from the Texas Historical
Commission (THC).  This prohibits hobbyists from metal detecting in public
parks where visitors are currently allowed to participate in other
activities such as picnicking, fishing, camping, and swimming.  As
proposed, S.B. 934 amends the Natural Resources Code to permit the use of
metal detectors in state parks.  The bill also amends the Parks and
Wildlife Code to direct the Texas Parks and Wildlife Department to allow
recreational metal detecting in designated areas of state parks as
determined by the Parks and Wildlife Commission.  The bill also further
protects parks by prohibiting the removal of objects, implements, or
artifacts listed in the Antiquities Code of the Natural Resources Code. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 191.0525, Natural Resources Code, by adding
Subsection (j) to provide that this section does not apply to recreational
metal detecting in designated areas of state parks. 

SECTION 2.  Amends Chapter 13B, Parks and Wildlife Code, by adding Section
13.1021, as follows: 

Sec. 13.1021.  REGULATION OF RECREATIONAL METAL DETECTING IN STATE PARKS.
(a) Requires the Texas Parks and Wildlife Department to allow recreational
metal detecting in designated areas of state parks subject to rules adopted
by the Parks and Wildlife Commission. 

(b) Provides that this section does not authorize the removal from state
park land of any object, implement, or artifact the removal of which is
prohibited under Chapter 191 (Antiquities Code), Natural Resources Code. 

SECTION 3.  Effective date: September 1, 2001.