82R7203 SGA-D

By: Farias H.B. No. 1453

A BILL TO BE ENTITLED

AN ACT

relating to funding for state sites through private contributions and partnerships and to commercial advertising on certain state sites.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 11, Parks and Wildlife Code, is amended by adding Subchapter J-1 to read as follows:

SUBCHAPTER J-1. FOR-PROFIT PARTNERSHIPS

Sec. 11.221. DEFINITIONS. In this subchapter:

(1) "Official corporate partner" means a for-profit entity that:

(A) is designated an official corporate partner by the department;

(B) works with the department to raise funds for state site operations and maintenance; and

(C) is selected as provided under Section 11.222.

(2) "State site" means a state park, natural area, or historic site under the jurisdiction of the department.

Sec. 11.222. SELECTION; CONTRACT. (a) Subject to commission approval, the department may select a for-profit entity as an official corporate partner.

(b) The department may contract with an official corporate partner to raise funds for state site operations and maintenance.

Sec. 11.223. GIFTS AND GRANTS; FUND-RAISING. (a) To raise funds for state site operations and maintenance, an official corporate partner may accept contributions, gifts, grants, and promotional campaign proceeds on behalf of the department. The department shall ensure that an official corporate partner transfers the contributions, gifts, grants, and promotional campaign proceeds to the department as soon as possible.

(b) The department may contract with an official corporate partner to conduct joint promotional campaigns or other fund-raising efforts conducted by the department to raise funds for state site operations and maintenance.

Sec. 11.224. USE OF FUNDS. Money received by the department under this subchapter, including money received under a contract or licensing or other agreement or as a gift or grant, may be used only for state site operations and maintenance.

Sec. 11.225. RULES. The commission shall adopt rules to implement this subchapter, including rules that establish guidelines or best practices for official corporate partners.

SECTION 2. Subchapter A, Chapter 13, Parks and Wildlife Code, is amended by adding Sections 13.0151 and 13.0155 to read as follows:

Sec. 13.0151. STATE PARK PASSES. (a) The department may contract with any entity the department considers appropriate to sell state park passes in any of the entity's retail locations.

(b) The commission may adopt rules to implement this section.

Sec. 13.0155. USE OF PARKS AND WILDLIFE DEPARTMENT BRAND. (a) The department may contract with any entity the department considers appropriate to use the Parks and Wildlife Department brand in exchange for licensing fees paid by the entity to the department.

(b) The department shall use the licensing fees received under Subsection (a) only for the operation and maintenance of state sites as defined by Section 11.221.

(c) The commission may adopt rules to implement this section.

SECTION 3. Subchapter B, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.103 to read as follows:

Sec. 13.103. BAN ON ADVERTISING. The commission by rule shall prohibit commercial advertising in state parks, natural areas, historic sites, or other sites under the jurisdiction of the department to preserve the integrity of the sites and to minimize distractions that may interfere with the enjoyment of the sites by visitors.

SECTION 4. 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, 2011.