80R6985 ABC-D
 
  By: Isett H.B. No. 3532
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the funding structure for state and local parks.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 151.801(c), Tax Code, is amended to read
as follows:
       (c)  The proceeds from the collection of the taxes imposed by
this chapter on the sale, storage, or use of sporting goods shall be
[deposited as follows:
             [(1)  For the period beginning September 1, 1993, and
ending August 31, 1995, an amount equal to 50 cents per 1,000
cigarettes shall be deposited to the credit of the general revenue
fund, state parks account, and an amount equal to 50 cents per 1,000
cigarettes shall be deposited to the credit of the general revenue
fund, Texas recreation and parks account, and the balance shall be
retained in the general revenue fund.
             [(2)  Beginning September 1, 1995, the taxes collected
shall be] credited to the Parks and Wildlife Department, and the
comptroller shall deposit the proceeds [deposited] as specified by
the legislature in a general appropriations act for the
then-current state fiscal biennium, to the following accounts:
             (1)  the state parks account;
             (2)  the Texas recreation and parks account; and
             (3)  the Texas parks and wildlife conservation and
capital account [in the Parks and Wildlife Code. The comptroller
shall not credit in excess of $32 million in sporting goods tax
revenue annually to the Parks and Wildlife Department].
       SECTION 2.  Section 11.035(b), Parks and Wildlife Code, is
amended to read as follows:
       (b)  The department shall deposit to the credit of the state
parks account all revenue, less allowable costs, received from the
following sources:
             (1)  grants or operation of concessions in state parks
or fishing piers;
             (2)  publications on state parks, state historic sites,
or state scientific areas;
             (3)  fines or penalties received from violations of
regulations governing parks issued pursuant to Subchapter B,
Chapter 13, of this code;
             (4)  fees and revenue collected under Section 11.027(b)
or (c) of this code that are associated with state park lands;
             (5)  the amount allocated by the legislature
[$1,125,000 per month and 40 percent of the amount above $27 million
per year of credits made to the department] under Section 151.801,
Tax Code; and
             (6)  any other source provided by law.
       SECTION 3.  Sections 11.043(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
       (b)  The account consists of the amount allocated by the
legislature [of credits made to the department] under Section
151.801, Tax Code, [after allocations to the state parks account
and the Texas recreation and parks account,] proceeds of revenue
bonds issued under Section 13.0045, and money from [or] any other
source authorized by law.
       (c)  Except as provided by Subsection (d), money in the
account may be spent only for debt service appropriated to the
department or the Texas Public Finance Authority, acquisition and
development, maintenance, or operation of parks, fisheries, and
wildlife projects that have been individually approved by the
commission. Projects that directly provide hunting, fishing, or
outdoor recreation opportunity to the public shall be given
preference for funding under this section. Approved projects may
include:
             (1)  acquiring land or facilities for use in any
department program;
             (2)  developing and improving any land or facility
owned or controlled by the department;
             (3)  servicing the debt on Texas park development bonds
issued under Article III, Section 49-e, of the Texas Constitution
or any other bonds issued for parks, fisheries, or wildlife
projects;
             (4)  local park grants in Chapter 24 of this code;
             (5)  initiating or participating in partnerships to
enhance conservation of historical, cultural, or natural
resources;
             (6)  operational and maintenance costs in association
with any parks, fisheries, wildlife projects, or department law
enforcement efforts in support of this code; and
             (7)  meeting the requirements for providing matching
money for any federal grants for parks, fisheries, or wildlife
projects.
       SECTION 4.  Section 24.003, Parks and Wildlife Code, is
amended to read as follows:
       Sec. 24.003.  ACCOUNT REVENUE SOURCE.  The department shall
deposit to the credit of the Texas recreation and parks account:
             (1)  the amount allocated by the legislature under
Section 151.801, Tax Code [$1,125,000 per month and 40 percent of
the amount above $27 million per year of credits made to the
department under Section 151.801, Tax Code]; and [or]
             (2)  money from any other source authorized by law.
       SECTION 5.  This Act takes effect September 1, 2007.