86R8701 SLB-D
By: Hughes S.B. No. 739
A BILL TO BE ENTITLED
AN ACT
relating to the creation and operation of the Northeast Texas Trail
State Park.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Parks and Wildlife Code, is amended
by adding Subchapter U to read as follows:
SUBCHAPTER U. NORTHEAST TEXAS TRAIL
Sec. 22.2701. DEFINITIONS. In this subchapter:
(1) "Northeast Texas Trail" means the land between
Farmersville and New Boston originally held as railway
rights-of-way by the Union Pacific and the Chaparral Railroads,
released for rail banking through the Surface Transportation Board
of the United States Department of Transportation. The term
includes rights-of-way converted in part to a trail by a nonprofit
entity.
(2) "Park" means the Northeast Texas Trail State Park.
(3) "Transportation department" means the Texas
Department of Transportation.
Sec. 22.2702. ACQUISITION AND CREATION. (a) The
department shall acquire land, including by means of a long-term
lease, necessary to form a continuous linear state park along the
area known as the Northeast Texas Trail. The department may enter
into an interlocal agreement with a municipality or county that
owns or controls land to be acquired under this section in lieu of
acquiring a lease or title to the land.
(b) On the acquisition of land described by Subsection (a),
the department shall create the Northeast Texas Trail State Park.
Sec. 22.2703. TRAIL COMPLETION AND MAINTENANCE. (a) On the
creation of the park under Section 22.2702, the transportation
department shall complete conversion of the former railroad
right-of-way into a trail and complete other improvements and
structures necessary to the function of the park. The
transportation department may reroute the trail if necessary to
avoid the construction of major bridges, and the department shall
adjust the park's boundaries as necessary.
(b) The transportation department shall maintain the trail,
improvements, and structures constructed under Subsection (a).
Sec. 22.2704. OPERATION. (a) Except as provided by
Subsection (b), the department shall operate the park, including by
providing the administration and staff for the park.
(b) The department may enter into operational partnerships
with political subdivisions in which a portion of the park is
located for the operation of that portion of the park.
Sec. 22.2705. GIFTS AND GRANTS. The department and the
transportation department may accept gifts and grants to pay for
actions authorized under this subchapter.
SECTION 2. (a) In this section:
(1) "Parks department" means the Parks and Wildlife
Department.
(2) "Study" means the study authorized under this
section.
(3) "Transportation department" means the Texas
Department of Transportation.
(b) The parks department shall conduct, in cooperation with
the transportation department, a study regarding the operational
needs of the Northeast Texas Trail State Park, as that park would
exist if it were created as authorized under Section 22.2702, Parks
and Wildlife Code, as added by this Act.
(c) The study shall include:
(1) staffing requirements of the park;
(2) equipment and facilities necessary to operate the
park; and
(3) operational requirements of the park.
(d) Not later than September 1, 2021, the parks department
shall deliver the results of the study to the standing committees of
the house and senate having jurisdiction over parks.
SECTION 3. If the Northeast Texas Trail State Park is
created under Section 22.2702, Parks and Wildlife Code, as added by
this Act, the Parks and Wildlife Department and the Texas
Department of Transportation shall enter into a memorandum of
understanding regarding the maintenance and operation of the park.
SECTION 4. This Act takes effect September 1, 2019.