Office of House Bill AnalysisH.B. 2108
By: Cook
State Recreational Resources


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. 


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 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

(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.