HBA-NLM S.B. 872 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 872
By: Brown
Land & Resource Management
4/21/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, the Texas Parks and Wildlife Department (department) has limited
authority to acquire and dispose of property. There is concern that the
restrictions on the department's authority may prevent the department from
implementing  an aggressive asset management program. The purpose of this
bill is to clarify and expand the department's authority to perform land
transactions. S.B. 872 authorizes the department to lease land to a
nonprofit organization. S.B. 872 authorizes the department to solicit and
receive donations of land for public purposes and to refuse donations of
land not acceptable for public purposes.   In addition, the department has
the authority to transfer title to specified entities including to any
legally authorized entity if the property is to be used for public
purposes, if the title to a site has vested in the department, and if the
ownership of the site is no longer in the best interest of the department. 

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 13.006, Parks and Wildlife Code, as follows:
 
Sec. 13.006. New title: LEASE OF LANDS. Authorizes the Parks and Wildlife
Department (department) to lease land to a nonprofit organization.
Prohibits the leased area from being referred to as a state facility,
rather than a state park, and prohibits the use of state funds to operate
or maintain a leased property, rather than park.  Provides that the lease
agreement is determined by the department and the lessee, rather than by
the department and the governing body of the political subdivision.
Deletes a specification that the department is authorized to lease land for
park purposes.  

SECTION 2.  Amends Sections 13.008(a) and (b), Parks and Wildlife Code, to
authorize the department to solicit and receive donations of land for
public, rather than state park, purposes and to refuse donations of land
not acceptable for public, rather than park, purposes.  Authorizes the
department to transfer the title to specified entities including to any
legally authorized entity if the property is to be used for public
purposes, if the title to a site has vested in the department, rather than
state for park purposes, and if the ownership of the site is no longer in
the best interest of the department, rather than deemed unsuitable for a
state park by the department. Makes conforming and nonsubstantive changes. 

SECTION 3. Amends Section 13.009, Parks and Wildlife Code, as follows:

Sec. 13.009.  SALE OR EXCHANGE OF LAND.  Deletes existing text authorizing
the department's director to execute a deed exchanging real property or an
interest in real property to be used by the department for the same purpose
as the property relinquished. Deletes existing text authorizing the
director to execute a deed selling real property or an interest in real
property suitable for the purpose for which it was acquired.  Deletes
existing text providing that the title to land received in the exchange
must be approved by the attorney general, and that all transactions for the
exchange of land under this section must have the prior written approval of
the governor.  Makes conforming and nonsubstantive changes. 
 SECTION 4. Effective date:  September 1, 1999.

SECTION 5.Emergency clause.