2005 Texas Parks and Wildlife Code CHAPTER 24. STATE ASSISTANCE FOR LOCAL PARKS

PARKS AND WILDLIFE CODE

CHAPTER 24. STATE ASSISTANCE FOR LOCAL PARKS


	§ 24.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Political subdivision" means a county, city, 
special district, river authority, or other governmental entity 
created under the authority of the state or a county or city.
		(2)  "Urban area" means the area within a standard 
metropolitan statistical area (SMSA) in this state used in the last 
preceding federal census.
		(3)  "Park" includes land and water parks owned or 
operated by the state or a political subdivision.
		(4)  "Open space area" means a land or water area for 
human use and enjoyment that is relatively free of man-made 
structures.
		(5)  "Natural area" means a site having valuable or 
vulnerable natural resources, ecological processes, or rare, 
threatened, or endangered species of vegetation or wildlife.
		(6)  "Parks, recreational, and open space area plan" 
means a comprehensive plan that includes information on and 
analyses of parks, recreational, and open space area objectives, 
needs, resources, environment, and uses, and that identifies the 
amounts, locations, characteristics, and potentialities of areas 
for adequate parks, recreational, and open space opportunities.
		(7)  "Federal rehabilitation and recovery grants" 
means matching grants made by the United States to or for political 
subdivisions for the purpose of rebuilding, remodeling, expanding, 
or developing existing outdoor or indoor parks, recreational, or 
open space areas and facilities, including improvements in park 
landscapes, buildings, and support facilities.
		(8)  "Account" means the Texas recreation and parks 
account.                
		(9)  "Rural area" means any area not included in an 
urban area.             
		(10)  "Cultural resource site or area" means a site or 
area determined by the commission to have valuable and vulnerable 
cultural or historical resources.
		(11)  "Nonprofit corporation" means a nonpolitical 
legal entity incorporated under the laws of this state that has been 
granted an exemption from federal income tax under Section 501(c), 
Internal Revenue Code of 1986, as amended.
		(12)  "Underserved population" means any group of 
people that is low income, inner city, or rural as determined by the 
last census, or minority, physically or mentally challenged youth 
at risk, youth, or female.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1983, 68th Leg., p. 2024, ch. 367, § 1, 
eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 679, § 28, eff. 
Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 267, § 1, eff. Sept. 1, 
1999.


	§ 24.002. TEXAS RECREATION AND PARKS ACCOUNT.  The Texas 
recreation and parks account is a separate account in the general 
revenue fund.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 679, § 29, eff. 
Sept. 1, 1993.


	§ 24.003. ACCOUNT REVENUE SOURCE.  The department shall 
deposit to the credit of the Texas recreation and parks account:
		(1)  $1,125,000 per month and 40 percent of the amount 
above $27 million per year of credits made to the department under 
Section 151.801, Tax Code;  or
		(2)  any other source authorized by law.                                      

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1983, 68th Leg., p. 2024, ch. 367, § 2, 
eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 679, § 30, eff. 
Sept. 1, 1993.


	§ 24.004. ASSISTANCE GRANTS.  (a) The department may make 
grants of money from the account to a political subdivision for use 
by the political subdivision as all or part of the subdivision's 
required share of funds for eligibility for receiving a federal 
rehabilitation and recovery grant.
	(b)  In order to receive a grant under this section, the 
political subdivision seeking the federal grant shall apply to the 
department for the grant and present evidence that the political 
subdivision qualifies for the federal grant.
	(c)  A grant under this section is conditioned on the 
political subdivision qualifying for and receiving the federal 
grant.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1983, 68th Leg., p. 2025, ch. 367, § 3, 
eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 679, § 31, eff. 
Sept. 1, 1993.


	§ 24.005. DIRECT STATE MATCHING GRANTS.  (a) The 
department shall make grants of money from the account to a 
political subdivision to provide one-half of the costs of the 
planning, acquisition, or development of a park, recreational area, 
or open space area to be owned and operated by the political 
subdivision.
	(b)  In establishing the program of grants under this 
section, the department shall adopt rules and regulations for grant 
assistance.
	(c)  Money granted to a political subdivision under this 
section may be used for the operation and maintenance of parks, 
recreational areas, cultural resource sites or areas, and open 
space areas only:
		(1)  if the park, site, or area is owned or operated and 
maintained by the department and is being transferred by the 
commission for public use to a political subdivision for operation 
and maintenance;  and
		(2)  during the period the commission determines to be 
necessary to effect the official transfer of the park, site, or 
area.
	(d)  The department shall make grants of money from the 
account to a political subdivision or nonprofit corporation for 
recreation, conservation, or education programs for underserved 
populations to encourage and implement increased access to and use 
of parks, recreational areas, cultural resource sites or areas, and 
open space areas by underserved populations.
	(e)  The department may provide from the account for direct 
administrative costs of the programs described by this chapter.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1983, 68th Leg., p. 2025, ch. 367, § 4, 
eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 679, § 32, eff. 
Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 267, § 2, eff. Sept. 1, 
1999.


	§ 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS.  When 
revenues to the Texas recreation and parks account exceed $14 
million per year, an amount not less than 15 percent shall be made 
available for grants to local governments for up to 50 percent of 
the cost of acquisition or development of indoor public recreation 
facilities for indoor recreation programs, sports activities, 
nature programs, or exhibits.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1983, 68th Leg., p. 2025, ch. 367, § 5, 
eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 679, § 33, eff. 
Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 267, § 3, eff. Sept. 1, 
1999.


	§ 24.007. ACCOUNT USE TO BE CONSISTENT WITH PLANS.  No 
grant may be made under Section 24.005 of this code nor may account 
money be used under Section 24.006 of this code unless:
		(1)  there is a present or future need for the 
acquisition and development of the property for which the grant is 
requested or the use is proposed;  and
		(2)  a written statement is obtained from the regional 
planning commission having jurisdiction of the area in which the 
property is to be acquired and developed that the acquisition and 
development is consistent with local needs.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 679, § 34, eff. 
Sept. 1, 1993.


	§ 24.008. ACQUISITION OF PROPERTY.  (a) No property may 
be acquired with grant money made under this chapter or by the 
department under this chapter if the purchase price exceeds the 
fair market value of the property as determined by one independent 
appraiser.
	(b)  Repealed by Acts 1999, 76th Leg., ch. 267, § 7, eff. 
Sept. 1, 1999.  
	(c)  Property may be acquired with provision for a life 
tenancy if that provision facilitates the orderly and expedient 
acquisition of the property.
	(d)  Repealed by Acts 1999, 76th Leg., ch. 267, § 7, eff. 
Sept. 1, 1999.  
	(e)  If land or water designated for park, recreational, 
cultural resource, or open space use is included in the local and 
regional park, recreational, cultural resource, and open space 
plans for two or more jurisdictions, the two or more jurisdictions 
may cooperate under state law to secure assistance from the account 
to acquire or develop the property.  In those cases, the department 
may modify the standards for individual applicants but must be 
assured that a cooperative management plan for the land or water can 
be developed and effectuated and that one of the jurisdictions 
possesses the necessary qualifications to perform contractual 
responsibilities for purposes of the grant.
	(f)  All land or water purchased with assistance from the 
account shall be dedicated for park, recreational, cultural 
resource, indoor recreation center, and open space purposes in 
perpetuity and may not be used for any other purpose, except where 
the use is compatible with park, recreational, cultural resource, 
and open space objectives, and the use is approved in advance by the 
department.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 679, § 35, eff. 
Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 267, § 4, 7, eff. Sept. 
1, 1999.


	§ 24.009. PAYMENTS, RECORDS, AND ACCOUNTING.  (a) On the 
approval of a grant under this chapter and on the written request by 
the director, the comptroller of public accounts shall issue a 
warrant drawn against the Texas recreation and parks account and 
payable to the political subdivision or nonprofit corporation in 
the amount specified by the director.
	(b)  Each recipient of assistance under this chapter shall 
keep records as required by the department, including records which 
fully disclose the amount and the disposition of the proceeds by the 
recipient, the total cost of the acquisition, a copy of the title 
and deed for the property acquired, the amount and nature of that 
portion of the cost of the acquisition supplied by other funds, and 
other records that facilitate effective audit.  The director and 
the comptroller, or their authorized representatives, may examine 
any book, document, paper, and record of the recipient that are 
pertinent to assistance received under this chapter.
	(c)  The recipient of funds under this chapter shall, on each 
anniversary date of the grant for five years after the grant is 
made, furnish to the department a comprehensive report detailing 
the present and anticipated use of the property, any contiguous 
additions to the property, and any major changes in the character of 
the property, including the extent of park development which may 
have taken place.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 679, § 36, eff. 
Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 267, § 5, eff. Sept. 1, 
1999.


	§ 24.011. NONCOMPLIANCE WITH ACT.  The attorney general 
shall file suit in a court of competent jurisdiction against a 
political subdivision or nonprofit corporation that fails to comply 
with the requirements of this chapter to recover the full amount of 
the grant plus interest on that amount of five percent a year 
accruing from the time of noncompliance or for injunctive relief to 
require compliance with this chapter.  If the court finds that the 
political subdivision or nonprofit corporation has not complied 
with the requirements of this chapter, it is not eligible for 
further participation in the program for three years following the 
finding for noncompliance.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1999, 76th Leg., ch. 267, § 6, eff. 
Sept. 1, 1999.


	§ 24.012. ACCOUNT NOT TO BE USED FOR PUBLICITY.  No money 
credited to the account may be used for publicity or related 
purposes.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 679, § 38, eff. 
Sept. 1, 1993.


	§ 24.013. AUTHORITY OF POLITICAL SUBDIVISIONS TO HAVE 
PARKS.  This chapter does not authorize a political subdivision to 
acquire, develop, maintain, or operate a park, recreational area, 
open space area, or natural area.

Added by Acts 1979, 66th Leg., p. 1733, ch. 710, § 1, eff. Sept. 
1, 1979.