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.