By Kuempel H.B. No. 2509
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of a park district in certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 324.042(a), Local Government Code, is
1-5 amended to read as follows:
1-6 (a) Within 30 <15> days after the date a board member is
1-7 appointed, the member must qualify by taking the official oath and
1-8 by filing a good and sufficient bond with the county clerk.
1-9 SECTION 2. Section 324.043, Local Government Code, is
1-10 amended to read as follows:
1-11 Sec. 324.043. Compensation. A board member is entitled to
1-12 reimbursement for necessary expenses only, including travel
1-13 expenses, incurred in performing the duties of a board member. A
1-14 board member's reimbursement for necessary expenses, in excess of
1-15 $250, shall be approved by the commissioners court. A board
1-16 member's approved expense account shall be paid in due time by the
1-17 board's check or warrant.
1-18 SECTION 3. Section 324.046(b), Local Government Code, is
1-19 amended to read as follows:
1-20 (b) The offices of secretary and treasurer may be held by
1-21 the same person. If either the secretary or the treasurer is
1-22 absent or unavailable, the president <other officer> may act for
1-23 and perform the duties of the absent or unavailable officer.
2-1 SECTION 4. Section 324.064(b), Local Government Code, is
2-2 amended to read as follows:
2-3 (b) If the contract is for less than $10,000 <$5,000>, the
2-4 board may enter into the contract without advertisement. If the
2-5 contract is for $10,000 <$5,000> or more, the contract is subject
2-6 to the bidding provisions for contracts applicable to the county.
2-7 SECTION 5. Section 324.066, Local Government Code, is
2-8 amended by amending Subsection (a) and adding Subsection (f) to
2-9 read as follows:
2-10 (a) The board may adopt reasonable rules applicable to:
2-11 (1) tenants, concessionaires, and users of property
2-12 managed by the district;
2-13 (2) recreational activities in a park or district
2-14 facility, including hunting, fishing, boating, and camping;
2-15 (3) any other recreational or business privileges in a
2-16 park or district facility;
2-17 (4) the possession and disposition of glass and
2-18 Styrofoam <beverage containers> on property managed by the district
2-19 and public water in the district;
2-20 (5) subject to the public's paramount right to
2-21 navigate inland water, activities that endanger the health or
2-22 safety of persons or property on public water in the district;
2-23 (6) littering and the prevention of littering, as
2-24 defined by the board, of the public water and public roads in the
2-25 district and of property managed by the district; and
3-1 (7) the administration, enforcement, and collection of
3-2 district taxes and the issuance of revenue permits.
3-3 (f) The county attorney or another attorney the board
3-4 retains for this purpose may bring an action to enjoin a violation
3-5 of board rules, and if the board authorizes, may seek damages and
3-6 attorney's fees based on the violation, if the violation involves:
3-7 (1) the providing or offering for remuneration, by a
3-8 person who does not hold a revenue permit issued by the district,
3-9 of a service, use of a facility, or rental of an item for which
3-10 collection of a tax is required;
3-11 (2) failure of a revenue permit holder to remit a tax
3-12 imposed before the 91st day after the date the tax is due; or
3-13 (3) violation by a revenue permit holder of a district
3-14 rule relating to activities that endanger the health or safety of
3-15 persons or property in the district.
3-16 SECTION 6. Section 324.072, Local Government Code, is
3-17 amended to read as follows:
3-18 Sec. 324.072. Plan for Development of Parks; Filing. The
3-19 board shall develop and approve a three-year master plan for
3-20 capital development and the development of parks and district
3-21 facilities. The board shall review and revise the plan each year
3-22 during the budget process and file a copy of the master plan with
3-23 the county clerk. Each year the board shall develop and approve a
3-24 one-year budget. The annual budget must include the suggested
3-25 revisions and additions to the master plan. The board shall submit
4-1 the annual budget to the commissioners court for approval and file
4-2 a copy with the county clerk. <Within 18 months after the date of
4-3 the creation of a district, the board shall develop and approve a
4-4 written one-year plan and a written five-year master plan for all
4-5 capital development and the development of parks in the district.
4-6 Subsequently, each year the board shall submit a one-year plan to
4-7 the commissioners court for approval and at least every five years
4-8 shall revise the five-year plan and submit it to the commissioners
4-9 court for approval.>
4-10 SECTION 7. Section 324.095, Local Government Code, is
4-11 amended to read as follows:
4-12 Sec. 324.095. Permanent Improvements on Land With River
4-13 Frontage. Through revenue bonds or any other revenue sources, the
4-14 district may not purchase a river access location that exceeds five
4-15 acres or a permanent park improvement at a river access location
4-16 other than a sanitary facility, litter receptacle, drinking water
4-17 facility, parking lot, information booth, road, trail, or river
4-18 ingress or egress facility. At a river access location permitted
4-19 under this section, the district may not engage in any activity
4-20 that competes with private enterprise except the provision and
4-21 operation of a permanent improvement permitted under this section.
4-22 SECTION 8. Sections 324.099(a), (b), and (g), Local
4-23 Government Code, are amended to read as follows:
4-24 (a) The district may levy and collect taxes and issue
4-25 revenue permits to carry out any purposes prescribed by this
5-1 chapter and to pay the obligations of the district. The district
5-2 may not require a holder of a revenue permit to acquire liability
5-3 insurance or other insurance.
5-4 (b) The taxes that a district may levy apply only within the
5-5 district and are:
5-6 (1) a tax on the price paid for a camping or picnic
5-7 space or river ingress or egress privileges, at a rate not greater
5-8 than five percent established by resolution of the board, imposed
5-9 on each person who, under a lease, concession, permit, right of
5-10 access, license, contract, or agreement pays for the use or
5-11 possession of a camping or picnic space or for river ingress or
5-12 egress privileges costing at least $1 each day;
5-13 (2) a tax imposed by resolution of the board at a rate
5-14 not greater than four percent on the cost of occupancy of a hotel
5-15 if the cost of occupancy is $2 or more each day; a tax is not
5-16 imposed if the accommodations are leased or contracted to one party
5-17 for at least 30 consecutive days; and
5-18 (3) a tax imposed by resolution of the board at a rate
5-19 not greater than five percent on the price paid for recreational
5-20 guide or shuttle services or on the rental of any parking space and
5-21 any water-oriented recreational equipment, including a canoe, tube,
5-22 raft, boat, or sailing craft intended for use on public inland
5-23 water in the district; boat slips; fishing tackle; and life
5-24 jackets.
5-25 (g) If a revenue permit holder does not collect and remit a
6-1 tax imposed, after the 90th day after the date the taxes were due
6-2 the board may suspend or cancel the holder's revenue permit.
6-3 SECTION 9. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended,
6-8 and that this Act take effect and be in force from and after its
6-9 passage, and it is so enacted.