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By:
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Hilderbran H.B.
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No.
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7A BILL TO BE ENTITLEDAN ACTrelating to the allocation and use of the sporting goods sales taxrevenue to fund state and local parks, the transfer of a historicsite from the Parks and Wildlife Department to the Texas HistoricalCommission, water safety issues, the fees for certain commercialfishing licenses, and the general rulemaking authority of the Parksand Wildlife Commission.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
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1.
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Subchapter A, Chapter 11, Parks and WildlifeCode, is amended by adding Section 11.0031 to read as follows:Sec.
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11.0031.
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RULES. (a) The commission shall adopt anyrules necessary to carry out its powers and duties under this codeand other laws of this state.(b)
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The commission shall adopt procedural rules to befollowed in a commission hearing. The executive director mayrecommend to the commission for its consideration any rules thatthe executive director considers necessary.(c)
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Rules shall be adopted in the manner provided by Chapter2001, Government Code. The commission shall follow its own rules asadopted until it changes them in accordance with that chapter.(d)
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As a part of each rule the commission adopts or proposesfor adoption after September 1, 2009, the commission shall includea citation to the statute that grants the specific regulatoryauthority under which the rule is justified and a citation of the123456789101112131415161718192021222324
81R12259 SGA-D
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specific regulatory authority that will be exercised. If aspecific statutory authority does not exist and the agency isdepending on this section for authority to adopt or proposeadoption of a rule, citation of this section is sufficient.SECTION
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2.
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Section 24.053, Parks and Wildlife Code, isamended to read as follows:Sec.
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24.053.
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ACCOUNT REVENUE SOURCE; DEDICATION. Thedepartment shall deposit to the credit of the large county andmunicipality recreation and parks account:(1)
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an amount of money equal to five [10] percent ofthe credits made to the department under Section 151.801, Tax Code;and(2)
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money from any other source authorized by law.SECTION
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3.
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Chapter 24, Parks and Wildlife Code, is amendedby adding Subchapter C to read as follows:SUBCHAPTER C. PARKS FOR SPECIAL NEEDS POPULATIONSec.
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24.101.
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In this subchapter:(1)
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"Account" means the special needs parks account.(2)
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"Cultural resource site or area" means a site orarea determined by the commission to have valuable and vulnerablecultural or historical resources.(3)
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"Federal rehabilitation and recovery grants"means matching grants made by the United States to or for politicalsubdivisions for the purpose of rebuilding, remodeling, expanding,or developing existing outdoor or indoor parks, recreational, oropen space areas and facilities, including improvements in parklandscapes, buildings, and support facilities.123456789101112131415161718192021222324252627H.B.
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No.
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7
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(4)
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"Natural area" means a site having valuable orvulnerable natural resources, ecological processes, or rare,threatened, or endangered species of vegetation or wildlife.(5)
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"Nonprofit corporation" means a nonpoliticallegal entity incorporated under the laws of this state that has beengranted an exemption from federal income tax under Section 501(c),Internal Revenue Code of 1986, as amended.(6)
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"Open space area" means a land or water area forhuman use and enjoyment that is relatively free of man-madestructures.(7)
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"Park" includes land and water parks owned oroperated by the state or a political subdivision.(8)
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"Parks, recreational, and open space area plan"means a comprehensive plan that includes information on andanalyses of parks, recreational, and open space area objectives,needs, resources, environment, and uses, and that identifies theamounts, locations, characteristics, and potentialities of areasfor adequate parks, recreational, and open space opportunities.(9)
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"Political subdivision" means a county,municipality, special district, river authority, or othergovernmental entity created under the authority of the state or acounty or municipality.(10)
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"Special needs population" means any group ofpeople that is composed primarily of physically or mentallychallenged youth.Sec.
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24.102.
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SPECIAL NEEDS PARKS ACCOUNT. The specialneeds parks account is a separate account in the general revenue123456789101112131415161718192021222324252627H.B.
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No.
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