86R11021 SLB-D
By: Raymond H.B. No. 2377
A BILL TO BE ENTITLED
AN ACT
relating to the re-creation, funding, and uses of the off-highway
vehicle trail and recreational area account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.046, Parks and Wildlife Code, is
reenacted and amended to read as follows:
Sec. 11.046. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL
AREA ACCOUNT. (a) The off-highway vehicle trail and recreational
area account is a separate account in the general revenue fund.
(b) The department shall deposit to the credit of the
off-highway vehicle trail and recreational area account all
revenue, less allowable costs, from the following sources:
(1) decal fees collected under Chapter 29;
(2) fines assessed against persons operating
off-highway vehicles in violation of Chapter 29 or any other law
relating to the operation of off-highway vehicles;
(3) all funding outside the general revenue fund
received by the department under Section 29.007; [and]
(4) revenue allocated for deposit to the account under
Section 162.502, Tax Code; and
(5) all interest that accrues to the account.
SECTION 2. Section 11.047, Parks and Wildlife Code, is
amended to read as follows:
Sec. 11.047. USE OF OFF-HIGHWAY VEHICLE TRAIL AND
RECREATIONAL AREA ACCOUNT. Money in the off-highway vehicle trail
and recreational area account may be used only for expenditures
necessary under Chapter 29 to:
(1) acquire, construct, develop, and maintain trails
and other recreational areas for use by owners and riders of
off-highway vehicles as defined by Section 29.001;
(2) provide access to those trails and recreational
areas;
(3) make grants under Section 29.008; [and]
(4) establish an education and outreach program about
the trails and recreational areas;
(5) make safety information available on the trails
and in the recreational areas; and
(6) enforce and administer the off-highway vehicle
trail and recreational area program, including by hiring law
enforcement officers commissioned by the director to maintain the
safety of the users of the trails and recreational areas.
SECTION 3. Sections 162.502(b) and (c), Tax Code, are
amended to read as follows:
(b) The comptroller shall allocate and deposit these
unclaimed refunds as follows:
(1) 25 percent of the revenues based on unclaimed
refunds of taxes paid on motor fuel used in motorboats shall be
deposited to the credit of the available school fund; [and]
(2) if the balance of the off-highway vehicle trail
and recreational area account is projected to be less than $20
million at any time during a state fiscal biennium, 10 percent of
the revenues based on unclaimed refunds of taxes paid on motor fuel
used in motorboats shall be deposited to the credit of that account;
and
(3) the remaining portion of the revenues based on
unclaimed refunds of taxes paid on motor fuel used in motorboats [75
percent of the revenue] shall be deposited to the credit of the
general revenue fund.
(c) Money deposited to the credit of the general revenue
fund under Subsection (b)(3) [(b)(2)] may be appropriated only to
the Parks and Wildlife Department for any lawful purpose.
SECTION 4. This Act takes effect September 1, 2019.