78R3359 SGA-D
By: Armbrister S.B. No. 1260
A BILL TO BE ENTITLED
AN ACT
relating to powers and duties of the state parks and resource
protection divisions of the Parks and Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Parks and Wildlife Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. STATE PARKS DIVISION
Sec. 13.351. DEFINITIONS. In this subchapter:
(1) "Division" means the state parks division of the
department.
(2) "Office of fleet management" means the office of
vehicle fleet management under the Texas Building and Procurement
Commission.
Sec. 13.352. MANAGEMENT OF CERTAIN STATE PARK DIVISION
RESOURCES. The director shall hire experienced managers and
coordinators for the division to provide a centralized system of
management, coordination, and accountability for certain state
park resources.
Sec. 13.353. RETAIL COORDINATOR OF GIFT STORES. (a) The
director shall hire for the division a retail coordinator with
extensive experience in retail operations to:
(1) oversee state park gift stores;
(2) coordinate all purchasing and marketing by the
gift stores; and
(3) maximize gift store revenue to this state.
(b) The coordinator shall, to the extent practicable,
require that division gift stores pool purchase orders to achieve
economies of scale.
(c) The coordinator shall compile a best practices manual
and distribute a copy to each gift store.
(d) The coordinator shall seek input from the management of
the Capitol gift shop under the State Preservation Board.
Sec. 13.354. COORDINATOR FOR PARK CONCESSION CONTRACTS.
The director shall hire an experienced concession contracts
coordinator to monitor all park concession contracts and maximize
concession revenue to this state.
Sec. 13.355. MANAGER OF MINERAL LEASES AND EASEMENTS. (a)
The director shall hire a manager with expertise in the management
of mineral leases to monitor all division leases and keep abreast of
market prices.
(b) The manager shall work with The University of Texas
System and The Texas A&M University System staff to develop
in-house expertise for the division and gather information on
maximizing revenue from mineral leases and easements.
(c) The manager of mineral leases and easements or another
appropriate manager as directed by the commission shall attend and
actively participate in boards for lease meetings held by the
General Land Office.
Sec. 13.356. MANAGER OF TIMBER RESOURCES. (a) The director
shall hire an experienced manager for the division's timber
resources.
(b) The commission shall enter into a memorandum of
understanding with the Texas Forest Service to create a master plan
for managing timber in state parks.
Sec. 13.357. MANAGER OF STATE PARK GRAZING RIGHTS. (a) The
director shall hire an experienced manager to:
(1) track and manage the leasing of grazing rights in
state parks; and
(2) maximize this state's revenue from those leases.
(b) The grazing rights manager shall have an
agriculture-related degree and expertise in the subject of grazing
rights and shall acquire familiarity with grazing lease rates in
this state.
(c) The commission shall enter into a memorandum of
understanding with the Texas Cooperative Extension of The Texas A&M
University System to create a master plan for grazing at state
parks.
Sec. 13.358. GRANTS MANAGER. The director shall hire an
experienced manager to procure, track, and manage grants for the
division. The manager shall be responsible for maximizing federal
and other grants for state parks.
Sec. 13.359. MONITORING EXPENSES. (a) Division management
shall ensure that each employee who has a procurement card is
instructed to make sure that state or local sales tax is not added
to the total price of a purchase made with the card for division
purposes.
(b) Division management shall monitor the use of state
vehicles by employees to prevent inappropriate personal use. If an
exception is made to allow personal use, the employee's manager
shall document the use as a fringe benefit for inclusion on the
employee's W-2 form prepared for reporting to the Internal Revenue
Service.
(c) Division management shall educate employees on the
proper use of gasoline credit cards and monitor their use through
computer-generated exception reports. Management shall require
that each employee read written guidelines provided by the division
on the proper use of the credit cards and the penalties for misuse.
Each employee shall sign an acknowledgment for the employee's
personnel file that the employee has read and understands the
penalties for misuse of a gasoline credit card. The guidelines must
include a statement to the effect that a credit card is issued only
for the purchase of regular unleaded gasoline for use in a
department vehicle, unless the owner's manual that came with the
vehicle recommends the use of other fuel, and not for other
unauthorized merchandise.
(d) Division management shall ensure that division vehicles
are maintained according to the state vehicle fleet management plan
as prepared by the office of fleet management.
(e) Division management shall schedule inspection of
division vehicles by the office of fleet management to ensure that
the vehicles are kept or disposed of according to standards set by
the office of fleet management.
Sec. 13.360. PRIVATE MANAGEMENT OF CERTAIN HOTEL-LIKE
LODGING. (a) The department may not operate Indian Lodge near Fort
Davis and Landmark Inn Bed & Breakfast in Castroville.
(b) The division shall contract with an experienced private
concessionaire for the management and operation of a facility under
Subsection (a).
(c) The contract shall provide:
(1) the best dollar value to this state;
(2) care for the facilities in a manner that is the
same as or better than the manner of care provided by the
department; and
(3) a minimum of five percent of concession revenue to
this state.
(d) The division shall sell or reallocate vehicles assigned
to the facilities under Subsection (a) based on the recommendations
and approval of the office of fleet management.
Sec. 13.361. PRIVATE MANAGEMENT OF TEXAS STATE RAILROAD.
(a) The department may not operate the Texas State Railroad.
(b) The division shall contract with an experienced private
concessionaire for the management and operation of the Texas State
Railroad.
(c) The contract must specify that the railroad:
(1) be open for operations during major holiday
seasons, including Thanksgiving, Christmas, New Year's, and spring
break;
(2) provide additional activities, such as dinner
trains, to increase revenue to this state; and
(3) provide a minimum of five percent of concession
revenue to this state.
Sec. 13.362. CENTRALIZED RESERVATIONS. (a) The division
shall provide a toll-free number for customers to call to make
reservations at state park facilities.
(b) The division shall enter into a contract for the
toll-free number that provides the service for less than $300,000 a
year.
(c) The division shall work with the Department of
Information Resources to provide a more direct link for customers
to make reservations at state park facilities through the
TexasOnline website.
Sec. 13.363. ELIMINATION OF DUPLICATIVE PROGRAM. To avoid
duplication of function with the department's resource protection
division, the division shall eliminate its natural resources
program.
SECTION 2. Section 13.0061(a), Parks and Wildlife Code, is
amended to read as follows:
(a) The department may lease grazing rights on any state
park or any area of a state park. The department may harvest and
sell, or sell in place, any timber, hay, or other product grown on
state park land the department finds to be in excess of natural
resource management programming needs. Timber may be harvested
only for forest pest management, salvage, or habitat restoration,
or as otherwise directed by the master plan for managing timber in
state parks, and under good forestry practices with the advice of
the Texas Forest Service. The department may not sell timber in a
state park without the approval of the Texas Forest Service.
SECTION 3. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.0305 to read as follows:
Sec. 11.0305. RESOURCE PROTECTION DIVISION. The
department's resource protection division shall handle all
department needs related to natural resources.
SECTION 4. (a) Before November 1, 2003, the Parks and
Wildlife Department is not required to comply with Sections
13.360(a) and 13.361(a), Parks and Wildlife Code, as added by this
Act.
(b) Not later than November 1, 2003, the state parks
division of the Parks and Wildlife Department shall enter into
contracts with private concessionaires to take over the management
and operation of Indian Lodge, Landmark Inn Bed & Breakfast, and the
Texas State Railroad, as required by Sections 13.360 and 13.361,
Parks and Wildlife Code, as added by this Act.
SECTION 5. (a) Not later than November 1, 2003, the Parks
and Wildlife Commission shall adopt rules necessary to implement
this Act.
(b) Not later than November 1, 2003, the executive director
of the Parks and Wildlife Department shall hire a manager for each
position listed in Sections 13.353 through 13.358, Parks and
Wildlife Code, as added by this Act.
(c) Not later than November 1, 2003, the state parks
division of the Parks and Wildlife Department shall:
(1) enter into a contract for and implement the
toll-free reservations number under Section 13.362, Parks and
Wildlife Code, as added by this Act; and
(2) terminate the natural resource program.
(d) Not later than November 1, 2003, the resource protection
division of the Parks and Wildlife Department shall assume all
natural resource related responsibilities for the department,
including any responsibilities previously assigned to the
department's state parks division. The department may not increase
the staff of the resource protection division as a result of this
subsection.
(e) Not later than December 31, 2003, the state parks
division of the Parks and Wildlife Department shall sell or
reallocate the vehicles under Section 13.360(d), Parks and Wildlife
Code, as added by this Act, according to that section.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.