1 | 1 | | 86R11021 SLB-D |
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2 | 2 | | By: Raymond H.B. No. 2377 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the re-creation, funding, and uses of the off-highway |
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8 | 8 | | vehicle trail and recreational area account. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 11.046, Parks and Wildlife Code, is |
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11 | 11 | | reenacted and amended to read as follows: |
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12 | 12 | | Sec. 11.046. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL |
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13 | 13 | | AREA ACCOUNT. (a) The off-highway vehicle trail and recreational |
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14 | 14 | | area account is a separate account in the general revenue fund. |
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15 | 15 | | (b) The department shall deposit to the credit of the |
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16 | 16 | | off-highway vehicle trail and recreational area account all |
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17 | 17 | | revenue, less allowable costs, from the following sources: |
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18 | 18 | | (1) decal fees collected under Chapter 29; |
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19 | 19 | | (2) fines assessed against persons operating |
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20 | 20 | | off-highway vehicles in violation of Chapter 29 or any other law |
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21 | 21 | | relating to the operation of off-highway vehicles; |
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22 | 22 | | (3) all funding outside the general revenue fund |
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23 | 23 | | received by the department under Section 29.007; [and] |
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24 | 24 | | (4) revenue allocated for deposit to the account under |
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25 | 25 | | Section 162.502, Tax Code; and |
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26 | 26 | | (5) all interest that accrues to the account. |
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27 | 27 | | SECTION 2. Section 11.047, Parks and Wildlife Code, is |
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28 | 28 | | amended to read as follows: |
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29 | 29 | | Sec. 11.047. USE OF OFF-HIGHWAY VEHICLE TRAIL AND |
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30 | 30 | | RECREATIONAL AREA ACCOUNT. Money in the off-highway vehicle trail |
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31 | 31 | | and recreational area account may be used only for expenditures |
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32 | 32 | | necessary under Chapter 29 to: |
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33 | 33 | | (1) acquire, construct, develop, and maintain trails |
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34 | 34 | | and other recreational areas for use by owners and riders of |
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35 | 35 | | off-highway vehicles as defined by Section 29.001; |
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36 | 36 | | (2) provide access to those trails and recreational |
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37 | 37 | | areas; |
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38 | 38 | | (3) make grants under Section 29.008; [and] |
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39 | 39 | | (4) establish an education and outreach program about |
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40 | 40 | | the trails and recreational areas; |
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41 | 41 | | (5) make safety information available on the trails |
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42 | 42 | | and in the recreational areas; and |
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43 | 43 | | (6) enforce and administer the off-highway vehicle |
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44 | 44 | | trail and recreational area program, including by hiring law |
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45 | 45 | | enforcement officers commissioned by the director to maintain the |
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46 | 46 | | safety of the users of the trails and recreational areas. |
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47 | 47 | | SECTION 3. Sections 162.502(b) and (c), Tax Code, are |
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48 | 48 | | amended to read as follows: |
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49 | 49 | | (b) The comptroller shall allocate and deposit these |
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50 | 50 | | unclaimed refunds as follows: |
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51 | 51 | | (1) 25 percent of the revenues based on unclaimed |
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52 | 52 | | refunds of taxes paid on motor fuel used in motorboats shall be |
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53 | 53 | | deposited to the credit of the available school fund; [and] |
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54 | 54 | | (2) if the balance of the off-highway vehicle trail |
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55 | 55 | | and recreational area account is projected to be less than $20 |
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56 | 56 | | million at any time during a state fiscal biennium, 10 percent of |
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57 | 57 | | the revenues based on unclaimed refunds of taxes paid on motor fuel |
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58 | 58 | | used in motorboats shall be deposited to the credit of that account; |
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59 | 59 | | and |
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60 | 60 | | (3) the remaining portion of the revenues based on |
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61 | 61 | | unclaimed refunds of taxes paid on motor fuel used in motorboats [75 |
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62 | 62 | | percent of the revenue] shall be deposited to the credit of the |
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63 | 63 | | general revenue fund. |
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64 | 64 | | (c) Money deposited to the credit of the general revenue |
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65 | 65 | | fund under Subsection (b)(3) [(b)(2)] may be appropriated only to |
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66 | 66 | | the Parks and Wildlife Department for any lawful purpose. |
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67 | 67 | | SECTION 4. This Act takes effect September 1, 2019. |
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