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A BILL TO BE ENTITLED
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AN ACT
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relating to the re-creation, funding, and uses of the off-highway |
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vehicle trail and recreational area account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.046, Parks and Wildlife Code, is |
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reenacted and amended to read as follows: |
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Sec. 11.046. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL |
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AREA ACCOUNT. (a) The off-highway vehicle trail and recreational |
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area account is a separate account in the general revenue fund. |
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(b) The department shall deposit to the credit of the |
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off-highway vehicle trail and recreational area account all |
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revenue, less allowable costs, from the following sources: |
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(1) decal fees collected under Chapter 29; |
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(2) fines assessed against persons operating |
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off-highway vehicles in violation of Chapter 29 or any other law |
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relating to the operation of off-highway vehicles; |
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(3) all funding outside the general revenue fund |
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received by the department under Section 29.007; [and] |
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(4) revenue allocated for deposit to the account under |
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Section 162.502, Tax Code; and |
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(5) all interest that accrues to the account. |
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SECTION 2. Section 11.047, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 11.047. USE OF OFF-HIGHWAY VEHICLE TRAIL AND |
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RECREATIONAL AREA ACCOUNT. Money in the off-highway vehicle trail |
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and recreational area account may be used only for expenditures |
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necessary under Chapter 29 to: |
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(1) acquire, construct, develop, and maintain trails |
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and other recreational areas for use by owners and riders of |
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off-highway vehicles as defined by Section 29.001; |
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(2) provide access to those trails and recreational |
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areas; |
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(3) make grants under Section 29.008; [and] |
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(4) establish an education and outreach program about |
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the trails and recreational areas; |
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(5) make safety information available on the trails |
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and in the recreational areas; and |
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(6) enforce and administer the off-highway vehicle |
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trail and recreational area program, including by hiring law |
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enforcement officers commissioned by the director to maintain the |
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safety of the users of the trails and recreational areas. |
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SECTION 3. Sections 162.502(b) and (c), Tax Code, are |
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amended to read as follows: |
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(b) The comptroller shall allocate and deposit these |
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unclaimed refunds as follows: |
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(1) 25 percent of the revenues based on unclaimed |
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refunds of taxes paid on motor fuel used in motorboats shall be |
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deposited to the credit of the available school fund; [and] |
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(2) if the balance of the off-highway vehicle trail |
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and recreational area account is projected to be less than $20 |
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million at any time during a state fiscal biennium, 10 percent of |
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the revenues based on unclaimed refunds of taxes paid on motor fuel |
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used in motorboats shall be deposited to the credit of that account; |
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and |
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(3) the remaining portion of the revenues based on |
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unclaimed refunds of taxes paid on motor fuel used in motorboats [75
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percent of the revenue] shall be deposited to the credit of the |
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general revenue fund. |
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(c) Money deposited to the credit of the general revenue |
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fund under Subsection (b)(3) [(b)(2)] may be appropriated only to |
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the Parks and Wildlife Department for any lawful purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |