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«Recreation Plan Recreation Grants Branch State Parks Division 4200 Smith School Road • Austin, Texas 78744 © 2012 TPWD. PWD ...»

-- [ Page 24 ] --

(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, § 39, eff. June 15, 2007.

§ 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, § 39, eff. June 15, 2007.

Amended by: Acts 2009, 81st Leg., R.S., Ch. 952, § 10, eff. September 1, 2009.

§ 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.

(1) 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 Texas Outdoor Recreation Plan Appendix B – Texas Administrative Code (2) federal funds received in connection with this subchapter or Subchapter D,

Chapter 13.

Added by Acts 2007, 80th Leg., R.S., Ch. 1159, § 39, eff. June 15, 2007.

Amended by: Acts 2009, 81st Leg., R.S., Ch. 952, § 10, eff. September 1, 2009.

§ 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, § 39, eff. June 15, 2007.

§ 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, § 39, eff. June 15, 2007.

Texas Outdoor Recreation Plan Appendix B – Texas Administrative Code

§ 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, § 39, eff. June 15, 2007.

Amended by: Acts 2009, 81st Leg., R.S., Ch. 952, § 10, eff. September 1, 2009.

§ 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, § 39, eff. June 15, 2007.

§ 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, § 39, eff. June 15, 2007.

Texas Outdoor Recreation Plan Appendix B – Texas Administrative Code § 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, § 39, eff. June 15, 2007.

§ 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, § 39, eff. June 15, 2007.

§ 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, § 39, eff. June 15, 2007.

§ 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, § 39, eff. June 15, 2007 Texas Outdoor Recreation Plan Appendix B – Texas Administrative Code APPENDIX C. State Strategies Met The Texas Outdoor Recreation Plan addresses the following State strategies and action

items either explicitly or indirectly:

Land and Water Resources Conservation and Recreation Plan 2010  Str 1.C.3 : Inventory conservation, recreation and historic properties to identify gaps in representation and protection  Str 1.C.4: Pursue funding for acquisition of land, conservation easements, and the purchase of development rights from willing sellers  Str 1.G.1 Work with international, federal, state, local and private organizations and the public to generate creative ways to achieve landscape-scale habitat management  Str 1.G.4: Foster regional and statewide dialogue about conservation priorities through the Texas Conservation and Recreation Forums (TxCRF)  Str 1.G.5: Utilize annual TxCRF to analyze the state’s existing and future land and water conservation and recreation needs; identify threatened land and water resources; and establish the relative importance of identified needs  Str 1.J.3 Evaluate the environmental advantages and disadvantages of emerging energy, utility and fuel technologies  Str 2.A.1 Increase public fishing and hunting opportunities  Str 2.A.2 Provide diverse outdoor recreational opportunities, from urban programs to paddling trails to wilderness backcountry camping  Str 2.A.4 Expand and enhance agency sites by acquiring in-holdings and adjacent tracts from willing donors and sellers  Str 2.A.5 Construct facilities and amenities to broaden access to the outdoors, protect natural resources, and enhance the quality of experience for people of all ages, abilities and interests  Str 2.A.8 Seek opportunities to create new state parks of high biological and recreational value near metropolitan centers  Str 2.B.1 Partner with federal, state and local agencies to provide increased access to public lands and waters  Str 2.B.6 Promote paddling trails, recreational fishing and other forms of aquaticbased recreation in and around urban areas  Str 2.B.7 Improve the quality and distribution of boat ramps statewide  Str 2.C.1 Promote the enjoyable, responsible and ethical use of natural, cultural and recreational resources Texas Outdoor Recreation Plan Appendix C – Strategies  Str 2.D.2 Assist local communities and private landowners in developing economically viable recreational venues for activities such as wildlife-watching, stargazing, photo safaris, camping and other nature-based recreation  Str 3.E.2 Provide recommendations and assistance to local governments regarding the importance of green space, watersheds, aquifer recharge zones and park lands  Str 4.A.7 Develop a tool to prioritize opportunistic land acquisitions that are biologically, recreationally and/or culturally significant  Str 4.B.3 Involve Texans through expanded social media tools, public meetings, public forums, one-on-one conversations and customer surveys  Str 4.C.2 Identify and leverage new and existing revenue streams to maximize recreation and conservation efforts  Str 4.C.4 Maximize federal aid reimbursement through appropriate allocation of funds to approved projects  Str 4.C.5 Seek additional grant opportunities  Str 4.G.2 Keep agency policies, procedures, plans and programs relevant through periodic review TPWD Natural Agenda, 2011  Str. B.2.1. Provide Local Park Grants. Provide technical assistance and outdoor, indoor, regional and small community grants to local governments.

 Str. D.1.2.Land Acquisition. Acquire priority natural, cultural and recreational resources in accordance with the Land and Water Resources Conservation and Recreation Plan.



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