HBA-NIK C.S.H.B. 2108 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2108 By: Cook State Recreational Resources 4/4/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE In 1993, the 73rd Texas Legislature created the Texas Recreation and Parks 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. C.S.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 Department of Parks and Wildlife (department) to make grants of money from the 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 by Subsection (d). 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. Authorizes an amount not to exceed 20 percent of the revenues in excess of $15.5 million per year to be made available for grants to effect the transfers described by Section 24.005 (c), when the revenues to the Texas recreation and parks account exceed $15.5 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 requires that the department 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 a conforming change. SECTION 7. Repealer: Sections 24.008 (b) and (d) (Acquisition of Property), Parks and Wildlife Code. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2108 modifies the original bill in SECTION 1( Section 24.001, Parks and Wildlife Code) by withdrawing amendments to existing Subdivision (6) defining "parks, recreational, historical, and open space area plan." In proposed Subdivision (10), C.S.H.B. 2108 defines "cultural resource site or area" with the same text used to define "historical site" in the original bill. C.S.H.B. 2108 creates Subdivision (12) to define "underserved population." C.S.H.B. 2108 modifies the original bill in SECTION 2 (Section 24.005, Parks and Wildlife Code) by withdrawing amendments to Subsection (a), changing Subsection (c) and proposed Subsection (d), and by adding Subsection (e). In Subsection (c), C.S.H.B. 2108 removes the nonprofit corporation as the alternative to a political organization to which grants may be made. C.S.H.B. 2108 specifies the uses established by the department for which a grant to a political subdivision may be expended. In Subsection (d) of C.S.H.B. 2108, partnership programs are replaced by recreation, conservation, or education programs. Makes conforming changes. C.S.H.B. 2108 modifies SECTION 3 by redesignating it to SECTION 4 (Section 24.008, Parks and Wildlife Code) of the substitute. SECTION 3 of C.S.H.B. 2108 addresses the funds for grants to local governments. SECTION 4 of C.S.H.B. 2108 modifies SECTION 3 of the original by withdrawing amendments to existing Subsections (b) and (d) and including Subsection (a) to provide that no property to be acquired with grant money made under this chapter may be purchased if the purchase price exceeds the fair market value of the property as determined by one independent appraiser. C.S.H.B. 2108 removes the terms "contiguous or partnering" jurisdictions from Subsection (e) of the original bill. Adds the requirement that one of the jurisdictions must possess the necessary qualifications to perform contractual responsibilities for purposes of the grant. Makes conforming changes. C.S.H.B. 2108 modifies SECTION 4 of the original bill by redesignating it to SECTION 5. C.S.H.B. 2108 modifies SECTION 5 of the original bill by redesignating it to SECTION 6. C.S.H.B. 2108 modifies SECTION 6 (effective date), of the original bill by redesignating it to SECTION 8. In C.S.H.B. 2108, SECTION 7 repeals Sections 24.008(b) and (d), Parks and Wildlife Code. C.S.H.B. 2108 modifies SECTION 7 (the emergency clause) of the original bill by redesignating it to SECTION 9.