HBA-NIK H.B. 2108 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2108
By: Cook
State Recreational Resources
3/27/1999
Introduced



BACKGROUND AND PURPOSE 

In 1993, the 73rd Texas Legislature passed legislation to create the Texas
Recreation and Park's Account Program(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 implementation of an
incremental portion of the study findings.  More specifically, this bill
provides for alternative funding sources and uses for local parks, allows
historical sites to receive grant assistance, and permits joint projects to
obtain sponsorship from more than one entity. 
 
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 including a
"historical area plan" among the terms defined and by defining "historical
site" and "nonprofit corporation." 

SECTION 2.  Amends Section 24.005, Parks and Wildlife Code, as follows:

(a)  Includes a nonprofit corporation among the groups to which the
department is required to grant money from the account.  Makes a conforming
change. 

(c)  Authorizes money granted to a political subdivision or nonprofit
corporation under this section to be used, rather than not used, for the
operation and maintenance of parks, recreational areas, historical sites,
and open space areas only under conditions established by the department.
Makes conforming changes. 

(d)  Requires the department to make grants of money from the account to a
political subdivision or nonprofit corporation for partnership programs for
underserved populations to encourage and implement increased access to and
use of parks, recreational areas, historical sites, and open space areas by
underserved populations. 

SECTION 3.  Amends Sections 24.008 (b), (d), (e), and (f), Parks and
Wildlife Code, as follows: 

(b)  Makes a conforming change.

(d)  Makes a conforming change.

(e)  Includes partnering jurisdictions among the jurisdictions which may
cooperate under state law to secure assistance from the account to acquire
or develop the property. Authorizes the department to modify the standards
for individual applicants but it must be assured that a cooperative
management plan for the land or water can be developed and effectuated. 

 (f)  Makes a conforming change.

SECTION 4.  Amends Section 24.009(a), Parks and Wildlife Code, to make a
conforming change. 

SECTION 5.  Amends Section 24.011, Parks and Wildlife Code, to make
conforming changes. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.