CHAPTER 24. STATE ASSISTANCE FOR LOCAL PARKS - Texas Statutes

PARKS AND WILDLIFE CODE

TITLE 3. PARKS

CHAPTER 24. STATE ASSISTANCE FOR LOCAL PARKS

SUBCHAPTER A. LOCAL PARKS FOR SMALLER COUNTIES AND

MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS

Sec. 24.001. DEFINITIONS. In this subchapter:

(1) "Political subdivision" means a county, municipality,

special district, river authority, or other governmental entity

created under the authority of the state or a county or

municipality.

(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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 2024, ch. 367,

Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 679, Sec.

28, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 267, Sec. 1,

eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 31, eff. June 15, 2007.

Sec. 24.002. TEXAS RECREATION AND PARKS ACCOUNT. The Texas

recreation and parks account is a separate account in the general

revenue fund. Money in the account may be used only for:

(1) grants under this subchapter to a county or municipality

with a population of less than 500,000;

(2) grants under this subchapter to any other political

subdivision that is not a county or municipality; or

(3) planning for, and acquisition, operation, and development

of, outdoor recreation and conservation resources of this state

and the administrative expenses incident to the projects or

programs authorized under Subchapter D, Chapter 13.

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

Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 29,

eff. Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 32, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 10, eff. September 1, 2009.

Sec. 24.003. ACCOUNT REVENUE SOURCE; REVENUE DEDICATION. (a)

The department shall deposit to the credit of the Texas

recreation and parks account:

(1) an amount of money equal to 15 percent of the credits made

to the department under Section 151.801, Tax Code; and

(2) money from any other source authorized by law.

(b) The department may deposit to the credit of the Texas

recreation and parks account:

(1) private contributions, grants, and donations received in

connection with this subchapter or Subchapter D, Chapter 13; and

(2) federal funds received in connection with this subchapter or

Subchapter D, Chapter 13.

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

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 2024, ch. 367,

Sec. 2, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 679, Sec.

30, eff. Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 33, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 10, eff. September 1, 2009.

Sec. 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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 2025, ch. 367,

Sec. 3, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 679, Sec.

31, eff. Sept. 1, 1993.

Sec. 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

subchapter.

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

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 2025, ch. 367,

Sec. 4, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 679, Sec.

32, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 267, Sec. 2,

eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 34, eff. June 15, 2007.

Sec. 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. When state

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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 2025, ch. 367,

Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 679, Sec.

33, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 267, Sec. 3,

eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 10, eff. September 1, 2009.

Sec. 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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 34,

eff. Sept. 1, 1993.

Sec. 24.008. ACQUISITION OF PROPERTY. (a) No property may be

acquired with grant money made under this subchapter or by the

department under this subchapter 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, Sec. 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, Sec. 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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 35,

eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 267, Sec. 4, 7,

eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 35, eff. June 15, 2007.

Sec. 24.009. PAYMENTS, RECORDS, AND ACCOUNTING. (a) On the

approval of a grant under this subchapter 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 subchapter 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 subchapter.

(c) The recipient of funds under this subchapter 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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 36,

eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 267, Sec. 5, eff.

Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 36, eff. June 15, 2007.

Sec. 24.011. NONCOMPLIANCE WITH SUBCHAPTER. 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 subchapter 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 subchapter.

If the court finds that the political subdivision or nonprofit

corporation has not complied with the requirements of this

subchapter, 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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1999, 76th Leg., ch. 267, Sec. 6,

eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 37, eff. June 15, 2007.

Sec. 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, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 38,

eff. Sept. 1, 1993.

Sec. 24.013. AUTHORITY OF POLITICAL SUBDIVISIONS TO HAVE PARKS.

This subchapter 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, Sec. 1, eff.

Sept. 1, 1979.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 38, eff. June 15, 2007.

SUBCHAPTER B. PARKS FOR LARGE COUNTIES AND MUNICIPALITIES

Sec. 24.051. DEFINITIONS. In this subchapter:

(1) "Account" means the large county and municipality recreation

and parks account.

(2) "Cultural resource site or area" means a site or area

determined by the commission to have valuable and vulnerable

cultural or historical resources.

(3) "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.

(4) "Large county or municipality" means a county or

municipality with a population of 500,000 or more.

(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) "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.

(7) "Open space area" means a land or water area for human use

and enjoyment that is relatively free of man-made structures.

(8) "Park" includes land and water parks owned or operated by

the state or a political subdivision.

(9) "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.

(10) "Political subdivision" means a county, municipality,

special district, river authority, or other governmental entity

created under the authority of the state or a county or

municipality.

(11) "Underserved population" means any group of people that is

low income or inner city, as determined by the last census, or

minority, physically or mentally challenged youth at risk, youth,

or female.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.052. LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS

ACCOUNT. The large county and municipality recreation and parks

account is a separate account in the general revenue fund. Money

in the account may be used only as provided by this subchapter or

Subchapter D, Chapter 13.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 10, eff. September 1, 2009.

Sec. 24.053. ACCOUNT REVENUE SOURCE; DEDICATION. (a) The

department shall deposit to the credit of the large county and

municipality recreation and parks account:

(1) an amount of money equal to 10 percent of the credits made

to the department under Section 151.801, Tax Code; and

(2) money from any other source authorized by law.

(b) The department may deposit to the credit of the large county

and municipality recreation and parks account:

(1) private contributions, grants, and donations received in

connection with this subchapter or Subchapter D, Chapter 13; and

(2) federal funds received in connection with this subchapter or

Subchapter D, Chapter 13.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 10, eff. September 1, 2009.

Sec. 24.054. ASSISTANCE GRANTS. (a) The department may make

grants of money from the account to a large county or

municipality for use by the county or municipality as all or part

of the county's or municipality'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 county

or municipality seeking the federal grant shall apply to the

department for the grant and present evidence that the county or

municipality qualifies for the federal grant.

(c) A grant under this section is conditioned on the county or

municipality qualifying for and receiving the federal grant.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.055. DIRECT STATE MATCHING GRANTS. (a) The department

shall make grants of money from the account to a large county or

municipality 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 county or

municipality.

(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 county or municipality 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 the county or municipality 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 large county or municipality or to a nonprofit corporation

for use in a large county or municipality 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

subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.056. FUNDS FOR GRANTS TO LARGE COUNTIES AND

MUNICIPALITIES. When state revenue to the large county and

municipality recreation and parks account exceeds $14 million per

year, an amount not less than 15 percent shall be made available

for grants to large counties and municipalities 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 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 10, eff. September 1, 2009.

Sec. 24.057. ACCOUNT USE TO BE CONSISTENT WITH PLANS. No grant

may be made under Section 24.055 nor may account money be used

under Section 24.056 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 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.058. ACQUISITION OF PROPERTY. (a) No property may be

acquired with grant money made under this subchapter or by the

department under this subchapter if the purchase price exceeds

the fair market value of the property as determined by one

independent appraiser.

(b) Property may be acquired with provision for a life tenancy

if that provision facilitates the orderly and expedient

acquisition of the property.

(c) 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 large counties or municipalities, the two or more

large counties or municipalities 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 counties or municipalities

possesses the necessary qualifications to perform contractual

responsibilities for purposes of the grant.

(d) 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 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.059. PAYMENTS, RECORDS, AND ACCOUNTING. (a) On the

approval of a grant under this subchapter and on the written

request by the director, the comptroller shall issue a warrant

drawn against the large county and municipality recreation and

parks account and payable to the county, municipality, or

nonprofit corporation in the amount specified by the director.

(b) Each recipient of assistance under this subchapter shall

keep records as required by the department, including records

that 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 subchapter.

(c) The recipient of funds under this subchapter 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 that

may have taken place.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.060. NONCOMPLIANCE WITH SUBCHAPTER. The attorney

general shall file suit in a court of competent jurisdiction

against a county, municipality, or nonprofit corporation that

fails to comply with the requirements of this subchapter 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 subchapter.

If the court finds that the county, municipality, or nonprofit

corporation has not complied with the requirements of this

subchapter, it is not eligible for further participation in the

program for three years following the finding for noncompliance.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.061. ACCOUNT NOT TO BE USED FOR PUBLICITY. No money

credited to the account may be used for publicity or related

purposes.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.

Sec. 24.062. AUTHORITY OF LARGE COUNTY OR MUNICIPALITY TO HAVE

PARKS. This subchapter does not authorize a large county or

municipality to acquire, develop, maintain, or operate a park,

recreational area, open space area, or natural area.

Added by Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 39, eff. June 15, 2007.