HBA-NIK H.B. 2108 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2108 By: Cook State Recreational Resources 8/11/99 Enrolled BACKGROUND AND PURPOSE In 1993, the 73rd Texas Legislature created the Texas Recreation and Parks Account (TRPA), to replace the Texas Local Parks, Recreational and Open Space Fund, which was funded by a portion of the excise tax on cigarettes. The TRPA funding source is a dedication of a portion of the state sales tax on sporting goods. During the interim of the 75th Legislature, a study was commissioned regarding the future of outdoor recreation in Texas. H.B. 2108 provides for the implementation of an incremental portion of the study findings. More specifically, this bill provides for alternative funding sources and uses for local parks, and allows cultural resource sites and areas to receive grant assistance. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 24.001, Parks and Wildlife Code, by adding Subdivisions (10), (11), and (12), to define "cultural resource site or area," "nonprofit corporation," and "underserved population." SECTION 2. Amends Section 24.005, Parks and Wildlife Code, by amending Subsection (c) and adding Subsections (d) and (e), as follows: (c) Sets forth enumerated provisions authorizing money granted to a political subdivision to be used for the operation and maintenance of parks, recreational areas, cultural resource sites or areas, and open space areas. (d) Requires the Parks and Wildlife Department (department) to make grants of money from the Texas recreation and parks account (account) to a political subdivision or nonprofit corporation for recreation, conservation, or education programs for underserved populations to encourage and implement increased access to and use of parks, recreational areas, cultural resource sites or areas, and open space areas by underserved populations. (e) Authorizes the department to provide from the account for direct administrative costs of the program described this chapter (State Assistance for Local Parks). SECTION 3. Amends Section 24.006, Parks and Wildlife Code, to require an amount not less than, rather than not to exceed, 15 percent to be made available for grants for specified uses when revenues to the account exceed $14 million per year. SECTION 4. Amends Sections 24.008(a), (e), and (f), Parks and Wildlife Code, as follows: (a) Provides that the fair market value of property acquired with grant money is to be determined by one independent appraiser, rather than two independent appraisers. (e) Includes cultural resource among other uses and plans for water and land designated for use by two or more jurisdictions, rather than contiguous jurisdictions. Authorizes the department to modify the standards for individual applicants in specified cases, but provides that the department must be assured that a cooperative management plan for the land or water can be developed and effectuated and that one of the jurisdictions possesses the necessary qualifications to perform contractual responsibilities for purposes of the grant. (f) Makes conforming changes. SECTION 5. Amends Section 24.009(a), Parks and Wildlife Code, to make a conforming change. SECTION 6. Amends Section 24.011, Parks and Wildlife Code, to make conforming changes. SECTION 7. Repealer: Sections 24.008(b) and (d) (relating to a political subdivision acquiring property in advance of actual need and leasing property that is not being developed for recreational use), Parks and Wildlife Code. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency clause.