Texas 2009 - 81st Regular

Texas House Bill HB7 Compare Versions

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Old	New	Differences
1	1	81R27533 SGA-D
2	2	By: Hilderbran, Homer, et al. H.B. No. 7
3	3	Substitute the following for H.B. No. 7:
4	4	By: Kuempel C.S.H.B. No. 7
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the allocation and use of the sporting goods sales tax
10	10	revenue to fund state and local parks, the transfer of a historic
11	11	site from the Parks and Wildlife Department to the Texas Historical
12	12	Commission, and the general rulemaking authority of the Parks and
13	13	Wildlife Commission.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter A, Chapter 11, Parks and Wildlife
16	16	Code, is amended by adding Section 11.0031 to read as follows:
17	17	Sec. 11.0031. RULES. (a) The commission shall adopt any
18	18	rules necessary to carry out its powers and duties under this code
19	19	and other laws of this state.
20	20	(b) The commission shall adopt procedural rules to be
21	21	followed in a commission hearing. The executive director may
22	22	recommend to the commission for its consideration any rules that
23	23	the executive director considers necessary.
24	24	(c) Rules shall be adopted in the manner provided by Chapter
25	25	2001, Government Code. The commission shall follow its own rules as
26	26	adopted until it changes them in accordance with that chapter.
27	27	(d) As a part of each rule the commission adopts or proposes
28	28	for adoption after September 1, 2009, the commission shall include
29	29	a citation to the statute that grants the specific regulatory
30	30	authority under which the rule is justified and a citation of the
31	31	specific regulatory authority that will be exercised. If a
32	32	specific statutory authority does not exist and the agency is
33	33	depending on this section for authority to adopt or propose
34	34	adoption of a rule, citation of this section is sufficient.
35	35	SECTION 2. Section 442.072(a), Government Code, is amended
36	36	to read as follows:
37	37	(a) The following historic sites and parks formerly under
38	38	the jurisdiction of the Parks and Wildlife Department are under the
39	39	commission's jurisdiction:
40	40	(1) Acton State Historic Site;
41	41	(2) Caddoan Mounds State Historic Site;
42	42	(3) Casa Navarro State Historic Site;
43	43	(4) Confederate Reunion Grounds State Historic Site;
44	44	(5) Eisenhower Birthplace State Historic Site;
45	45	(6) Fannin Battleground State Historic Site;
46	46	(7) Fort Griffin State Historic Site;
47	47	(8) Fort Lancaster State Historic Site;
48	48	(9) Fort McKavett State Historic Site;
49	49	(10) Fulton Mansion State Historic Site;
50	50	(11) Landmark Inn State Historic Site;
51	51	(12) Levi Jordan State Historic Site;
52	52	(12-a) Lipantitlan State Historic Site;
53	53	(13) Magoffin Home State Historic Site;
54	54	(14) Sabine Pass Battleground State Historic Site;
55	55	(15) Sam Bell Maxey House State Historic Site;
56	56	(16) San Felipe State Historic Site;
57	57	(17) Starr Family Home State Historic Site;
58	58	(18) Varner-Hogg Plantation State Historic Site.
59	59	SECTION 3. Section 151.801(c), Tax Code, is amended to read
60	60	as follows:
61	61	(c) The [Subject to Subsection (c-1), the] proceeds from the
62	62	collection of the taxes imposed by this chapter on the sale,
63	63	storage, or use of sporting goods shall be deposited as follows:
64	64	(1) an amount equal to 94 percent of the proceeds shall
65	65	be credited to the Parks and Wildlife Department and deposited as
66	66	specified in the Parks and Wildlife Code; and
67	67	(2) an amount equal to six percent of the proceeds
68	68	shall be credited to the Texas Historical Commission and deposited
69	69	as specified in Section 442.073, Government Code.
70	70	SECTION 4. Section 151.801(c-1), Tax Code, is repealed.
71	71	SECTION 5. (a) In this section, "historic site" means the
72	72	Lipantitlan State Historic Site listed under Section 442.072,
73	73	Government Code, as amended by this Act.
74	74	(b) On January 1, 2010, the following are transferred to the
75	75	Texas Historical Commission:
76	76	(1) the Lipantitlan State Historic Site and all
77	77	obligations and liabilities of the Parks and Wildlife Department
78	78	relating to the site;
79	79	(2) all unobligated and unexpended funds appropriated
80	80	to the Parks and Wildlife Department designated for the
81	81	administration of that site;
82	82	(3) all equipment and property of the Parks and
83	83	Wildlife Department used for the administration of or related to
84	84	that site; and
85	85	(4) all files and other records of the Parks and
86	86	Wildlife Department kept by the department regarding that site.
87	87	(c) A rule adopted by the Parks and Wildlife Commission that
88	88	is in effect immediately before January 1, 2010, and that relates to
89	89	the historic site is, on January 1, 2010, a rule of the Texas
90	90	Historical Commission and remains in effect until amended or
91	91	repealed by the Texas Historical Commission.
92	92	(d) The transfer under this Act does not diminish or impair
93	93	the rights of a holder of an outstanding bond or other obligation
94	94	issued by the Parks and Wildlife Department in relation to the
95	95	support of the historic site.
96	96	(e) On January 1, 2010, a reference in the Parks and
97	97	Wildlife Code or other law to a power, duty, obligation, or
98	98	liability of the Parks and Wildlife Department or the Parks and
99	99	Wildlife Commission that relates to the historic site is a
100	100	reference to the Texas Historical Commission. The Texas Historical
101	101	Commission is the successor agency to the Parks and Wildlife
102	102	Department and the Parks and Wildlife Commission for that site.
103	103	(f) Before January 1, 2010, the Parks and Wildlife
104	104	Department may agree with the Texas Historical Commission to
105	105	transfer any property of the Parks and Wildlife Department to the
106	106	Texas Historical Commission to implement the transfer required by
107	107	this Act.
108	108	(g) Until the historic site is transferred to the Texas
109	109	Historical Commission in accordance with this Act, the Parks and
110	110	Wildlife Department shall continue to operate and maintain the site
111	111	under applicable law as it existed on January 1, 2009.
112	112	SECTION 6. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2009.