By: Guillen, Frullo, Farias H.B. No. 1300
(Senate Sponsor - Eltife)
(In the Senate - Received from the House April 7, 2011;
April 26, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; May 3, 2011, reported favorably by
the following vote: Yeas 3, Nays 0; May 3, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to funding for state sites and programs of the Parks and
Wildlife Department through private contributions and partnerships
and to commercial advertising on certain state sites.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Parks and Wildlife Code, is amended
by adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. FOR-PROFIT PARTNERSHIPS
Sec. 11.221. DEFINITIONS. In this subchapter:
(1) "Official corporate partner" means a for-profit
entity that:
(A) is designated an official corporate partner
by the department;
(B) works with the department to raise funds for
state site operations and maintenance or other priority projects or
programs; and
(C) is selected as provided under Section 11.222.
(2) "State site" means a state park, natural area,
wildlife management area, fish hatchery, or historic site under the
jurisdiction of the department.
Sec. 11.222. SELECTION; CONTRACT. (a) Subject to
commission approval, the department may select a for-profit entity
as an official corporate partner.
(b) The department may contract with one or more official
corporate partners to raise funds for state site operations and
maintenance or other priority projects or programs.
Sec. 11.223. GIFTS AND GRANTS; FUND-RAISING. (a) To raise
funds for state site operations and maintenance or other priority
projects or programs, an official corporate partner may accept
contributions, gifts, grants, and promotional campaign proceeds on
behalf of the department or provide contributions, gifts, grants,
and promotional campaign proceeds to the department. The department
shall ensure that an official corporate partner transfers the
contributions, gifts, grants, and promotional campaign proceeds
accepted on behalf of the department to the department as soon as
possible.
(b) The department may contract with one or more official
corporate partners to conduct joint promotional campaigns or other
fund-raising efforts conducted by the department to raise funds for
state site operations and maintenance or other priority projects or
programs.
Sec. 11.224. USE OF FUNDS. Money received by the department
under this subchapter, including money received under a contract or
licensing or other agreement or as a gift or grant, may be used only
for state site operations and maintenance or other priority
projects or programs.
Sec. 11.225. RULES. The commission shall adopt rules to
implement this subchapter, including rules that establish
guidelines or best practices for official corporate partners.
Sec. 11.226. OTHER DONATION AUTHORITY NOT LIMITED. This
subchapter does not limit the department's authority to accept
donations that are otherwise authorized.
SECTION 2. Subchapter A, Chapter 13, Parks and Wildlife
Code, is amended by adding Sections 13.0151 and 13.0155 to read as
follows:
Sec. 13.0151. STATE PARK PASSES. (a) The department may
contract with any entity the department considers appropriate to
sell state park passes in any of the entity's retail locations.
(b) The commission may adopt rules to implement this
section.
Sec. 13.0155. USE OF PARKS AND WILDLIFE DEPARTMENT BRAND.
(a) The department may contract with any entity the department
considers appropriate to use the Parks and Wildlife Department
brand in exchange for licensing fees paid by the entity to the
department.
(b) The department may use the licensing fees received under
Subsection (a) for any use under this code.
(c) The commission may adopt rules to implement this
section.
SECTION 3. Subchapter B, Chapter 13, Parks and Wildlife
Code, is amended by adding Section 13.103 to read as follows:
Sec. 13.103. ADVERTISING. The commission by rule shall
prohibit inappropriate commercial advertising in state parks,
natural areas, historic sites, or other sites under the
jurisdiction of the department to preserve the integrity of the
sites and to minimize distractions that may interfere with the
enjoyment of the sites by visitors.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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