Amend Floor Amendment No. 1 to SB 1848 (Senate committee
printing) by adding the following appropriately numbered SECTIONS
to read as follows and renumber subsequent SECTIONS accordingly:
SECTION __. (a) The legislative task force on the use of the
sales tax on sporting goods is composed of eight members, as
follows:
(1) two members of the House Natural Resources
Committee, appointed by the speaker of the house of
representatives;
(2) two members of the House Appropriations Committee,
appointed by the speaker of the house of representatives;
(3) two members of the Senate Committee on Natural
Resources, appointed by the lieutenant governor; and
(4) two members of the Senate Committee on Finance,
appointed by the lieutenant governor.
(b) The speaker of the house of representatives shall
designate one member of the task force to serve as a joint presiding
officer of the task force, and the lieutenant governor shall
designate another task force member to serve as the other joint
presiding officer.
(c) The task force meets at the call of a joint presiding
officer.
(d) The task force shall:
(1) review the items that are included in the
definition of "sporting goods" under Section 151.801(e), Tax Code,
and determine if there is a correlation between each individual
item included and activities related to state parks, including the
use of those parks; and
(2) determine the amount of revenue that must be
generated to fund the policy decisions made by the 80th Legislature
regarding state parks.
(e) Not later than January 15, 2009, the task force shall
prepare and present to the 81st Legislature a report that describes
the findings of the task force and includes recommendations
regarding the specific items that should be included in the
definition of "sporting goods" under Section 151.801(e), Tax Code.
(f) This section expires March 1, 2009.
SECTION __. Subchapter A, Chapter 442, Government Code, is
amended by adding Sections 442.0051, 442.0052, and 442.0053 to read
as follows:
Sec. 442.0051. FEES. The commission by rule may establish
reasonable fees for commission purposes under this chapter,
including an admission fee appropriate to a historic site under its
jurisdiction.
Sec. 442.0052. VOLUNTEER SERVICES. (a) Except as provided
by Subsection (b), the commission may use the services of
volunteers to help carry out the duties and responsibilities of the
commission.
(b) A volunteer may not enforce this code.
Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL
PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by
rule shall adopt criteria for determining the eligibility of real
property donated to the commission for inclusion in the historic
sites system.
(b) The commission may accept a donation of real property
that satisfies the criteria adopted under Subsection (a).
(c) The commission may renovate or restore donated real
property, including improvements to the property, or construct
improvements on the donated real property as necessary and prudent.
SECTION __. Chapter 442, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. CERTAIN HISTORIC SITES
Sec. 442.071. DEFINITION. In this subchapter, "historic
site" means a site or park listed under Section 442.072.
Sec. 442.072. JURISDICTION. (a) The following historic
sites and parks formerly under the jurisdiction of the Parks and
Wildlife Department are under the commission's jurisdiction:
(1) Acton State Historic Site;
(2) Caddoan Mounds State Historic Site;
(3) Casa Navarro State Historic Site;
(4) Confederate Reunion Grounds State Historic Site;
(5) Eisenhower Birthplace State Historic Site;
(6) Fannin Battleground State Historic Site;
(7) Fort Griffin State Historic Site;
(8) Fort Lancaster State Historic Site;
(9) Fort McKavett State Historic Site;
(10) Fulton Mansion State Historic Site;
(11) Landmark Inn State Historic Site;
(12) Levi Jordan State Historic Site;
(13) Magoffin Home State Historic Site;
(14) Sabine Pass Battleground State Historic Site;
(15) Sam Bell Maxey House State Historic Site;
(16) San Felipe State Historic Site;
(17) Starr Family Home State Historic Site;
(18) Varner-Hogg Plantation State Historic Site.
(b) This subsection applies to a historic site that the
state is required to operate in a particular manner or for a
particular purpose, such as a site improved with federal money
subject to federal restrictions on the purposes for which the
improved site may be used or a site donated to the state subject to a
reversion clause providing that the title reverts to the grantor
when the site is not used for the purposes for which it was
acquired. The commission has all powers necessary to operate the
site in the required manner or for the required purpose.
(c) The commission may enter into an agreement with a
nonprofit corporation, foundation, association, or other nonprofit
entity for the expansion, renovation, management, operation, or
financial support of a historic site.
Sec. 442.073. HISTORIC SITE ACCOUNT. (a) The historic site
account is a separate account in the general revenue fund.
(b) The account consists of:
(1) transfers to the account;
(2) interest earned on the account;
(3) fees and other revenue from operation of a
historic site; and
(4) grants and donations accepted under Section
442.074.
(c) A fee or other revenue generated at a historic site must
be credited to the account.
(d) Money in the account may be used only to administer,
operate, preserve, repair, expand, or otherwise maintain a historic
site or to acquire a historical item appropriate to a historic site.
(e) Any money in the account not used in a fiscal year
remains in the account. The account is exempt from the application
of Section 403.095.
Sec. 442.074. GRANTS; DONATIONS. (a) The commission may
seek and accept grants and donations for a historic site from any
appropriate source.
(b) Money accepted under this section shall be deposited to
the credit of the historic site account.
SECTION __. Section 442.019, Government Code, as added by
Chapter 1259, Acts of the 79th Legislature, Regular Session, 2005,
is transferred to Subchapter C, Chapter 442, Government Code, as
added by this Act, renumbered as Section 442.075, Government Code,
and amended to read as follows:
Sec. 442.075 [442.019]. TRANSFER OF HISTORIC [HISTORICAL]
SITES FROM PARKS AND WILDLIFE. (a) Section 442.071 does not apply
to this section.
(b) By interagency agreement, a historic [historical] site
under the jurisdiction of the Parks and Wildlife Department may be
transferred to the commission.
(c) [(b)] If jurisdiction over a historic [historical] site
is transferred under this section, all rights, powers, duties,
obligations, functions, activities, property, and programs of the
Parks and Wildlife Department relating to the [historical] site are
transferred to the commission.
(d) [(c)] On or after the transfer of jurisdiction over a
historic [historical] site, the commission may enter into an
agreement with a nonprofit corporation, including the Admiral
Nimitz Foundation, for the expansion, renovation, management,
operation, or financial support of the site.
SECTION __. Section 11.0262(a), Parks and Wildlife Code, is
amended to read as follows:
(a) An employee of the state parks division of the
department may accept a gratuity if:
(1) the employee, as a primary job duty, serves food or
beverages in a restaurant, cafeteria, or other food service
establishment located within a state park and owned and operated by
the department;
(2) the employee, as an auxiliary duty in performance
of a regular duty renders a special customer service to an
individual or group;
(3) the gratuity is offered by a customer:
(A) of the restaurant, cafeteria, [or other] food
service establishment, or hospitality unit of the state parks
division in appreciation of being served food or beverages by the
employee; or
(B) of a hospitality unit of the state parks
division, in appreciation of receiving some other customer service
from the employee;
(4) [(3)] the department has designated the employee
as an employee authorized to accept a gratuity; and
(5) [(4)] the employee reports the gratuity in
accordance with commission rules.
SECTION __. Chapter 11, Parks and Wildlife Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. MANAGEMENT AND EFFICIENCY REVIEWS
Sec. 11.251. MAINTENANCE EQUIPMENT REVIEW SYSTEM. (a) In
this section:
(1) "Maintenance equipment" means personal property
owned by the department that is used to administer, operate,
preserve, repair, expand, or otherwise maintain real property,
including improvements and fixtures, owned or operated by the
department.
(2) "Outdated equipment" means equipment:
(A) that has a fair market value that is less than
the annual cost of maintaining the equipment in working order;
(B) that is not operational and cannot reasonably
be made operational; or
(C) that no longer serves a department purpose.
(b) The commission by rule shall establish an equipment
review system through which the department annually determines
whether any of the department's maintenance equipment has become
outdated equipment since the last date the department conducted an
equipment review under this section.
(c) The equipment review system established under
Subsection (b) must require the department to sell any outdated
equipment in the manner and at the time specified by the commission
by rule.
(d) The department shall deposit proceeds from the sale of
equipment under this section to the credit of the appropriate parks
and wildlife account.
Sec. 11.252. MAINTENANCE PROVIDER REVIEW SYSTEM. (a) In
this section "maintenance" includes the administration, operation,
preservation, repair, and expansion of personal property owned by
the department and real property owned or operated by the
department.
(b) The commission by rule shall establish a maintenance
provider review system through which the department annually
determines whether a maintenance task performed by the department
could be performed by a third-party contractor in a manner that:
(1) is more cost-effective than the department's
manner of performing the maintenance task; and
(2) yields a result that is equal to or greater than
the quality of the result produced by the department performing the
task.
(c) The maintenance provider review system established
under Subsection (b) must require the department to contract with a
third party for the performance of any maintenance task performed
by the department that could be performed by a third-party
contractor in the manner that meets the criteria described by
Subsection (b) after the department's cost of administering the
contract is added to the cost of performance by the third party.
Sec. 11.253. MANAGEMENT PLAN AND PRIORITIES LIST. Not
later than January 15 of each odd-numbered year the department
shall submit to the governor, the speaker of the house of
representatives, the lieutenant governor, and the chair of each
house and senate standing committee having jurisdiction over a
matter regulated by the department under this code a management
plan to address the department's maintenance responsibilities
under this subchapter and a priorities list that includes the
following information:
(1) a prioritized list of facilities operated by the
department that are most in need of repair, renovation, expansion,
or other maintenance;
(2) an itemized list explaining any additional funding
requested by the department to accomplish a task described by
Subdivision (1); and
(3) the results of the reviews conducted under
Sections 11.251, 11.252, and 13.019(b).
SECTION __. Subchapter A, Chapter 13, Parks and Wildlife
Code, is amended by adding Section 13.0044 to read as follows:
Sec. 13.0044. PREFERENCE FOR CERTAIN PARK PROGRAMS. In
selecting parks for capital improvements, the department may give a
preference to programs in which the department matches locally
raised money on a dollar-for-dollar basis.
SECTION __. 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, livestock, or other product
grown on state park land the department finds to be in excess of
natural resource management, educational, or interpretive
objectives [programming needs]. Timber may be harvested only for
forest pest management, salvage, or habitat restoration and under
good forestry practices with the advice of the Texas Forest
Service.
SECTION __. Subchapter A, Chapter 13, Parks and Wildlife
Code, is amended by adding Section 13.0075 to read as follows:
Sec. 13.0075. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL
PROPERTY IN STATE PARKS SYSTEM. (a) The commission by rule shall
adopt criteria for determining the eligibility of real property
that is donated to the department for inclusion in the state parks
system.
(b) The department may accept a donation of real property
that satisfies the criteria adopted under Subsection (a).
(c) The department may renovate or restore donated real
property, including improvements to the property, or construct
improvements on the donated real property as necessary and prudent.
SECTION __. Subchapter A, Chapter 13, Parks and Wildlife
Code, is amended by adding Section 13.0145 to read as follows:
Sec. 13.0145. SPEED LIMITS. (a) The department shall set
and enforce speed limits on a road in a state park, wildlife
management area, or other site under the control of the department
as follows:
(1) 30 miles per hour on a park road or main drive;
(2) 20 miles per hour on a secondary road; or
(3) as posted by the department.
(b) The department shall:
(1) consult with the Texas Department of
Transportation to determine if a speed limit under Subsection (a)
is reasonable and safe based on an engineering and traffic control
study; and
(2) amend the limit, if necessary.
SECTION __. Section 13.015, Parks and Wildlife Code, is
amended by amending Subsection (b) and adding Subsections (a-1),
(b-1), (b-2), and (b-3) to read as follows:
(a-1) The department may promote visits and enhance revenue
at parks, including amounts necessary for salaries, advertising,
consumable supplies and materials, promotional products, fees, and
related expenses.
(b) The department may operate or grant contracts to operate
concessions in state parks or on causeways, beach drives, or other
improvements in connection with state park sites. The department
may make regulations governing the granting or operating of
concessions. The department may establish and operate staff
concessions, including salaries, consumable supplies and
materials, operating expenses, rental and other equipment, and
other capital outlays.
(b-1) The department may purchase products, including food
items, for resale or rental at a profit.
(b-2) The department shall operate any resale concession
program using standard business practice models to generate revenue
and provide quality customer service while adhering to conservation
principles.
(b-3) The department may recruit and select private service
providers to enter into leased concession contracts with the
department to provide necessary and appropriate visitor services.
SECTION __. Section 13.016, Parks and Wildlife Code, is
amended to read as follows:
Sec. 13.016. INMATE [PRISON] LABOR. (a) The department may
use the labor of an inmate confined in a state, county, or local
correctional facility [trusty state convicts] on or in connection
with state parks, wildlife management areas, or other property
under the control or jurisdiction of the department.
(b) Inmates [Convicts] working in connection with lands
under the control or jurisdiction of the department remain under
the control of the Texas Department of Criminal Justice or county or
local correctional facility, as appropriate, and are considered as
serving their terms in the Texas Department of Criminal Justice or
other correctional facility [penitentiary].
(c) The department may purchase equipment, meals, supplies,
and materials for an inmate working at a department site as
necessary to facilitate the use of the labor described by this
section.
(d) The department may not use the labor of an inmate
convicted of an offense listed in Article 62.001(5), Code of
Criminal Procedure.
(e) The department may not use the labor of an inmate
convicted of any violent offense.
SECTION __. Section 13.019, Parks and Wildlife Code, is
amended to read as follows:
Sec. 13.019. FACILITY RESERVATION SYSTEM AND FEE. (a) The
department may permit the advance reservation of a facility,
lodging, or campsite at a state park and require the payment of a
fee by a person making the reservation.
(b) The department shall annually:
(1) evaluate whether the reservation system used by
the department for the advance reservation of facilities, lodging,
and campsites is as user-friendly as possible; and
(2) make modifications to the system as necessary to
enhance the user-friendliness of the reservation system.
SECTION __. Subchapter A, Chapter 13, Parks and Wildlife
Code, is amended by adding Section 13.0191 to read as follows:
Sec. 13.0191. FACILITY AND LODGING FEES. A fee charged by
the department under this subchapter for the use of a facility or
lodging at a state park may vary on a seasonal basis and may be set
in an amount to recover the direct and indirect costs of providing
the facility or lodging and provide a reasonable rate of return to
the department. Items to be considered in setting a fee include the
cost required to provide, maintain, and improve amenities available
at the site and seasonal variables such as the cost of staffing to
meet demand and costs of heating or air conditioning.
SECTION __. The Parks and Wildlife Department shall comply
with the recommendations contained in the State Auditor's Office
"An Audit Report on Financial Processes at the Parks and Wildlife
Department Report No. 07-021" in accordance with the dates
specified in the department's management response included as
Appendix 6 to the report and contingent on receiving an
appropriation sufficient to fund the implementation of the
recommendations.
SECTION __. (a) In this section, "historic site" means a
historic site or park listed under Section 442.072, Government
Code, as added by this Act.
(b) On or after January 1, 2008, as provided by this
section, the following are transferred to the Texas Historical
Commission:
(1) each historic site and all obligations and
liabilities of the Parks and Wildlife Department relating to the
site;
(2) all unobligated and unexpended funds appropriated
to the Parks and Wildlife Department designated for the
administration of each site;
(3) all equipment and property of the Parks and
Wildlife Department used for the administration of or related to
each site; and
(4) all files and other records of the Parks and
Wildlife Department kept by the department regarding each site.
(c) A rule adopted by the Parks and Wildlife Commission that
is in effect immediately before January 1, 2008, and that relates to
a historic site is, on January 1, 2008, a rule of the Texas
Historical Commission and remains in effect until amended or
repealed by the Texas Historical Commission. A rule that applies to
both a transferred site and park that is not transferred is a rule
of both commissions and applies to the transferred site until
amended or repealed by the Texas Historical Commission.
(d) A transfer under this Act does not diminish or impair
the rights of a holder of an outstanding bond or other obligation
issued by the Parks and Wildlife Department in relation to the
support of a historic site.
(e) On January 1, 2008, a reference in the Parks and
Wildlife Code or other law to a power, duty, obligation, or
liability of the Parks and Wildlife Department or the Parks and
Wildlife Commission that relates to a historic site is a reference
to the Texas Historical Commission. The Texas Historical
Commission is the successor agency to the Parks and Wildlife
Department and the Parks and Wildlife Commission for the site.
(f) The Texas Historical Commission shall prepare a base
operating plan for each historic site before the transfer of any
site or associated artifact or archival materials from the Parks
and Wildlife Department to the commission. The base operating plan
for each site must be completed on or before January 1, 2008. The
base operating plan for each site must include:
(1) a mission statement outlining the goals for the
site;
(2) an interpretive plan showing how the mission is to
be accomplished;
(3) an operational plan, including:
(A) facilities, documents, records, and other
assets to be transferred;
(B) parties responsible for daily site
management, including staff that will be transferred;
(C) off-site support structure;
(D) plans for artifact and archival curation;
(E) signed memoranda of understanding or
memoranda of agreement with appropriate friends groups and
volunteer organizations; and
(F) emergency plans;
(4) a maintenance plan, including maintenance and
repair needs;
(5) a marketing plan;
(6) a business plan, including revenue and visitation
goals;
(7) a plan for compliance with:
(A) Chapter 191, Natural Resources Code (the
Antiquities Code of Texas); and
(B) the National Historic Preservation Act (16
U.S.C. Section 470 et seq.); and
(8) fiscal plans and budgets associated with
Subdivisions (1) through (7) of this subsection.
(g) An interim study committee shall review the base
operating plan described by Subsection (f) of this section. The
members of the interim committee shall be a subcommittee of the
House Committee on Culture, Recreation, and Tourism appointed not
later than September 1, 2007, by the chair of that house committee.
The interim committee shall obtain feedback and information from
professionals familiar with the work of the Parks and Wildlife
Department, the Texas Historical Commission, the National Park
Service, the Council of Texas Archeologists, professional
archivists, park managers, and the tourism industry. The interim
study committee shall report to the House Committee on Culture,
Recreation, and Tourism on the results of the study conducted under
this subsection not later than September 1, 2008.
(h) Until a historic site is transferred to the Texas
Historical Commission in accordance with this Act, the Parks and
Wildlife Department shall continue to operate and maintain the site
under applicable law as it existed on January 1, 2007.
(i) The Parks and Wildlife Department and the Texas
Historical Commission shall keep the House Committee on Culture,
Recreation, and Tourism informed of the progress of the transfer of
each historic site under this Act.
(j) An employee of the Parks and Wildlife Department whose
job responsibilities are more than 50 percent related to a historic
site transferred to the Texas Historical Commission under this Act
becomes an employee of the Texas Historical Commission on the date
of the transfer of that site. An employee whose job is transferred
may not be dismissed after the transfer except for cause before the
first anniversary of the date of the transfer.
SECTION __. Any restrictions on the allocation of money in
the state parks account under Section 11.035, Parks and Wildlife
Code, as amended by this Act, on the use of money in the Texas parks
and wildlife conservation and capital account under Section 11.043,
Parks and Wildlife Code, as amended by this Act, on the use of money
in the Texas recreation and parks account under Section 24.002,
Parks and Wildlife Code, as amended by this Act, or on the
allocation of that money under Section 24.003, Parks and Wildlife
Code, as amended by this Act, do not apply to a one-time
appropriation of the unencumbered balances of those accounts on
August 31, 2007, made by a rider to the General Appropriations Act
that:
1) is contingent on the enactment of this Act or a
similar Act by the 80th Legislature; and
2) provides for the one-time allocation of that money to
the Parks and Wildlife Department and the Texas Historical
Commission to be used for the repair, renovation, maintenance, and
other one-time costs associated with state historic sites and state
parks.
SECTION __. The name of the Peach Point Wildlife Management
Area is changed to the Justin Hurst Wildlife Management Area.