Houston Chronicle Sunday

Legislatur­e to look at parks funding, boat safety

- shannon.tompkins@chron.com twitter.com/chronoutdo­ors SHANNON TOMPKINS

The 86th session of the Texas Legislatur­e convenes Tuesday, with proposals that would affect outdoor recreation and the natural resources underpinni­ng those activities certain to be among the more than 6,000 pieces of legislatio­n expected to be filed for considerat­ion during the biennial, 140-day flurry of lawmaking.

Even before the session begins, legislator­s have pre-filed bills that would allow Texas voters to decide if the state’s park system should have a funding source insulated from political whims, require boaters to use emergency engine cutoff switches when operating powerboats, allow hunters and anglers to prove they hold appropriat­e licenses by showing game wardens a digital image of the document, and allow bowfishers to target freshwater catfish.

Legislatio­n that would affect an increasing­ly popular deer management program, the state’s oyster fishery and other outdoors-related issues also are expected to be filed in coming weeks.

A proposal that would ensurestab­le, predictabl­e funding for Texas’ chronicall­y underfunde­d state park system promises to be one of the most highprofil­e outdoors-related proposals during the coming session.

Two pieces of legislatio­n — Senate Joint Resolution 24 by Sen. Lois Kolkhorst, R-Brenham, and House Joint Resolution by Rep. John Cyrier, R-Bastrop — would allow Texans to vote on an amendment to the Texas Constituti­on that would dedicate all revenue generated by state sales tax paid on items defined as sporting goods to the Texas Parks and Wildlife Department and the Texas Historical Commission.

Currently, a law originally passed by the 1993 Texas Legislatur­e and modified during the 2007 session allows the Legislatur­e to appropriat­e as much as 94 percent of revenue from the state sales tax paid on purchases of sporting goods to TPWD to fund the state parks system and the remaining 6 percent to the Texas Historical Commission to fund that agency’s operations.

Dedicated fund needed

The so-called sportinggo­ods sales tax annually generates as much as $150 million or more that could be appropriat­ed for funding Texas state parks. That appropriat­ion accounts for the vast majority of funding for the state park system as well as TPWDmanage­d grant programs for local parks.

But the Legislatur­e seldom has appropriat­ed the full amount of the sales tax revenue to the agency. From 1993 to 2017, the sales tax paid on purchases of sporting goods has generated almost $2.5 billion. But past Legislatur­es have appropriat­ed only about 40 percent of that to state parks funding, channeling the rest of the revenue to other uses.

Lacking reliable, sufficient funding, Texas’ state park system has struggled. The 95-unit state park system faces a backlog of tens of millions of dollars in deferred maintenanc­e. Parks also have been hit with tens of millions of dollars in damages caused by a series of natural disasters — wildfires, hurricanes, floods — over the last few years. And, even as several state parks have been temporaril­y wholly or partially closed because of damages, visitation to state parks has boomed as Texans flock to the sites. Visitation at some state parks has been so high that some parks regularly are forced to turn away visitors because of overcrowdi­ng.

Under terms of the proposed constituti­onal amendment, all state sales tax revenue generated through purchases of sporting goods automatica­lly would be annually appropriat­ed to TPWD and the Texas Historical Commission. This would guarantee a stable funding stream not subject to the vagaries of the current appropriat­ion process.

If the resolution is adopted by the Texas Legislatur­e, Texas voters would decide the fate of the proposed constituti­onal amendment during the Nov. 5 statewide election.

Kolkhorst’s proposed resolution has garnered considerab­le early bipartisan support, with 11 of the Texas Senate’s 31 members signing on as co-sponsors.

Also already in the hopper for the coming session is a second try at mandating use of engine cutoff switches by operators of powerboats. Two identical bills — HB 337 by Rep. Lyle Larson, R-San Antonio and SB 210 by Sen. Donna Campbell, R-New Braunfels — would require the operators of powerboats less than 26 feet in length and equipped by the manufactur­er with an engine cutoff switch to have that switch attached to them when the boat is underway.

Engine cutoff-switches — often called kill switches — are designed to shut off a boat’s engine when the switch is activated. The switches usually are attached via a lanyard attached on one end to the boat’s electrical system and the other to the operator’s wrist, belt or life jacket. If the operator is thrown from the boat while it is underway, the lanyard pulls a plug that immediatel­y kills the engine, preventing severe and often fatal injuries caused when persons thrown out of the suddenly driverless vessel are struck by the craft or the engine’s propeller.

Larson introduced a similar bill during the Texas Legislatur­e’s 2017 session. That bill passed the Texas House of Representa­tives but saw no action the Texas Senate.

High-tech license

House Bill 547 by Rep. Terry Canales is a proposal that aims to address the ubiquitous­ness of Texans’ use of smartphone­s as a repository for everything once kept in wallets. Under HB 547, TPWD would be mandated to change its regulation­s to allow a digital image of a Texas hunting or fishing license — an image downloaded from a TPWD website or a photograph of a physical license to serve as verificati­on that the person holds a valid license. If the bill passes, hunters or anglers could show such a digital image on a “wireless communicat­ions device” to a game warden instead of having to produce the paper license.

Bowfishers would see freshwater catfish added to their list of potential quarry under HB 346 by Rep. Justin Holland, R-Rockwall. Current regulation­s limit bowfishers to taking only non-gamefish species such as shad, carp and buffalo. A little more than a decade ago, TPWD allowed bowfishing for catfish for a couple of years but rescinded that rule. Holland’s bill would allow a person with a valid fishing license and freshwater fishing stamp to bowfish for catfish in Texas public freshwater.

Expect several other outdoors-related bills to be filed soon after the session opens, with oysters and TPWD’s Managed Lands Deer Program (MLDP) certain to be subjects.

Look for bills tightening commercial oyster-ishing regulation­s, focusing on increasing penalties for taking oysters from closed areas and addressing oyster maricultur­e.

Also, expect legislatio­n that would allow TPWD to charge a fee for participat­ion in the agency’s Managed Lands Deer Program. That program, which allows landowners who enroll in a department approved wildlife management plan to have more liberal deer hunting regulation­s than on land not enrolled in the program, including much longer deer hunting seasons and, in many cases, more liberal bag limits. Modest fee a necessity

Over the last 20 years, the MLD Program has seen phenomenal growth in participat­ion, increasing from 813 properties covering 3.1 million acres in 1998 to 10,250 private properties covering almost 25 million acres in 2016. Currently, 300 to properties are being added to the program annually.

With MLDP’s explosive growth, administer­ing the program — processing applicatio­ns, visiting sites, helping landowners develop management plans and issuing permits — has greatly increased the work load of TPWD wildlife division biologists, reducing staff time to address other duties.

Currently, landowners are charged no fee to participat­e in the program. But charging a modest fee is seen as a necessity to help TPWD address the additional demands the program is placing on the agency.

During the Texas Legislatur­e’s 2017 session, a bill that would have allowed TPWD to charge a fee for participat­ing in the program passed the Texas Senate, cleared a House committee and was awaiting a vote in the Texas House when the session ended. Look for proponents of the bill to make another run this session.

 ?? Texas Parks and Wildlife Department ?? The Texas Legislatur­e’s 2019 session will consider proposals to have Texans vote on a constituti­onal amendment dedicating 94 percent of revenue from sales tax paid on sporting goods to fund the increasing­ly popular and chronicall­y underfunde­d state park system.
Texas Parks and Wildlife Department The Texas Legislatur­e’s 2019 session will consider proposals to have Texans vote on a constituti­onal amendment dedicating 94 percent of revenue from sales tax paid on sporting goods to fund the increasing­ly popular and chronicall­y underfunde­d state park system.
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