H.B. No. 2509
    1-1                                AN ACT
    1-2  relating to the operation of a park and recreation district in
    1-3  certain counties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The heading to Chapter 324, Local Government
    1-6  Code, is amended to read as follows:
    1-7      CHAPTER 324.  PARK AND RECREATION DISTRICT AND PARK BONDS:
    1-8         COUNTIES WITH FRONTAGE ON GUADALUPE AND COMAL RIVERS
    1-9        SECTION 2.  Sections 324.002(1) and (5), Local Government
   1-10  Code, are amended to read as follows:
   1-11              (1)  "District" means a park and recreation district
   1-12  created under this chapter.
   1-13              (5)  "District facility" includes any facility, land,
   1-14  or improvement to land, whether permanent or temporary, that is
   1-15  owned, <or> leased, or acquired by the district.
   1-16        SECTION 3.  The heading to Subchapter B, Chapter 324, Local
   1-17  Government Code, is amended to read as follows:
   1-18        SUBCHAPTER B.  CREATION OF PARK AND RECREATION DISTRICT
   1-19        SECTION 4.  The heading to Subchapter C, Chapter 324, Local
   1-20  Government Code, is amended to read as follows:
   1-21   SUBCHAPTER C.  BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT
   1-22        SECTION 5.  Section 324.042(a), Local Government Code, is
   1-23  amended to read as follows:
    2-1        (a)  Within 30 <15> days after the date a board member is
    2-2  appointed, the member must qualify by taking the official oath and
    2-3  by filing a good and sufficient bond with the county clerk.
    2-4        SECTION 6.  Section 324.043, Local Government Code, is
    2-5  amended to read as follows:
    2-6        Sec. 324.043.  Compensation AND REIMBURSEMENT.  A board
    2-7  member is not entitled to compensation but is entitled to
    2-8  reimbursement for necessary expenses, including travel expenses,
    2-9  incurred in performing the duties of a board member.  A board
   2-10  member's reimbursement for necessary expenses, in excess of $250,
   2-11  shall be approved by the commissioners court.  A board member's
   2-12  approved expense account shall be paid in due time by the board's
   2-13  check or warrant.
   2-14        SECTION 7.  Section 324.046(b), Local Government Code, is
   2-15  amended to read as follows:
   2-16        (b)  The offices of secretary and treasurer may be held by
   2-17  the same person.  If either the secretary or the treasurer is
   2-18  absent or unavailable, the president <other officer> may appoint
   2-19  another board member to act for and perform the duties of the
   2-20  absent or unavailable officer.
   2-21        SECTION 8.  Section 324.061(a), Local Government Code, is
   2-22  amended to read as follows:
   2-23        (a)  Money and other funds belonging to or under control of
   2-24  the board are public <shall be deposited and secured in the manner
   2-25  prescribed by law for county> funds.
    3-1        SECTION 9.  Section 324.062, Local Government Code, is
    3-2  amended to read as follows:
    3-3        Sec. 324.062.  Personnel.  (a)  The board may employ
    3-4  managers, secretaries, stenographers, bookkeepers, accountants,
    3-5  technical experts, and other permanent or temporary agents and
    3-6  employees it requires.
    3-7        (b)  The board shall determine the qualifications and set the
    3-8  duties of employees.
    3-9        (c)  <The board may employ and compensate a manager for one
   3-10  or more parks or facilities and may give the manager full authority
   3-11  in the management and operation of the parks subject only to the
   3-12  direction and orders of the board that are effective under Section
   3-13  324.045(b).>
   3-14        <(d)>  The board may call on the county attorney for the
   3-15  legal services it requires.  In addition, or in the alternative,
   3-16  the board may contract for and compensate its own legal staff.
   3-17        SECTION 10.  Section 324.064(b), Local Government Code, is
   3-18  amended to read as follows:
   3-19        (b)  If the contract is for less than $10,000 <$5,000>, the
   3-20  board may enter into the contract without advertisement.  If the
   3-21  contract is for $10,000 <$5,000> or more, the contract is subject
   3-22  to the bidding provisions for contracts applicable to the county.
   3-23        SECTION 11.  Section 324.066, Local Government Code, is
   3-24  amended to read as follows:
   3-25        Sec. 324.066.  DISTRICT RULES AND ORDINANCES; CRIMINAL
    4-1  PENALTY; CIVIL ENFORCEMENT.  (a)  The board may adopt reasonable
    4-2  rules and ordinances applicable to:
    4-3              (1)  <tenants, concessionaires, and users of property
    4-4  managed by the district;>
    4-5              <(2)  recreational activities in a park or district
    4-6  facility, including hunting, fishing, boating, and camping;>
    4-7              <(3)  any other recreational or business privileges in
    4-8  a park or district facility;>
    4-9              <(4)  the possession of glass beverage containers on
   4-10  property managed by the district and public water in the district;>
   4-11              <(5)  subject to the public's paramount right to
   4-12  navigate inland water, activities that endanger the health or
   4-13  safety of persons or property on public water in the district;>
   4-14              <(6)  littering and the prevention of littering, as
   4-15  defined by the board, of the public water and public roads in the
   4-16  district and of property managed by the district; and>
   4-17              <(7)>  the administration, enforcement, and collection
   4-18  of district taxes and the issuance, suspension, and cancellation of
   4-19  revenue permits;
   4-20              (2)  littering and litter abatement on the public water
   4-21  in the district, including the possession and disposition of glass
   4-22  containers;
   4-23              (3)  activities that endanger the health and safety of
   4-24  persons or property on public water in the district, subject to the
   4-25  public's paramount right to navigate inland water; and
    5-1              (4)  tenants, business privileges, concessionaires,
    5-2  users, and activities affecting district property and facilities,
    5-3  including hunting, fishing, boating, camping, tubing, swimming, and
    5-4  conservation of natural resources.
    5-5        (b)  <The board may contract with law enforcement officers
    5-6  and attorneys to enforce its rules.>
    5-7        <(c)>  A police officer, constable, sheriff, or other law
    5-8  enforcement officer with jurisdiction in the county may arrest
    5-9  persons violating rules or ordinances of the board, <serve warrants
   5-10  on persons accused of violating an ordinance of the board,> and
   5-11  carry out the prosecution of those persons in the proper court.
   5-12        (c) <(d)>  A person who violates a rule or ordinance adopted
   5-13  under this section commits an offense.  An offense under this
   5-14  section is a Class C misdemeanor.
   5-15        (d) <(e)>  The county attorney or an attorney retained by the
   5-16  board for this purpose may bring an action to enjoin a violation of
   5-17  board rules or ordinances, and if the board authorizes, may seek
   5-18  damages and attorney's fees based on the violation, if the
   5-19  violation involves:
   5-20              (1)  the providing or offering of a service or the use
   5-21  or rental of a facility or an item for remuneration by a person who
   5-22  does not hold a revenue permit issued by the district or for which
   5-23  collection of a tax is required;
   5-24              (2)  failure of a revenue permit holder to remit a tax
   5-25  imposed and the tax has been due for more than 60 days; or
    6-1              (3)  violation by a revenue permit holder of a district
    6-2  rule relating to an activity that endangers the health or safety of
    6-3  a person or property in the district.  <For the purposes of this
    6-4  section, "property managed by the district" includes property owned
    6-5  by the district, property leased by the district, and other public
    6-6  and private property managed by the district pursuant to an
    6-7  agreement with the property owner.>
    6-8        SECTION 12.  Section 324.070, Local Government Code, is
    6-9  amended to read as follows:
   6-10        Sec. 324.070.  Cooperation With Other Public Authorities.
   6-11  Under an agreement with a public authority in control of parkland
   6-12  in the county, <inside or outside the park district,> the district
   6-13  may assume control of all or part of the parkland within the
   6-14  district or contiguous to the district or may contract or cooperate
   6-15  with the public authority in connection with the use, development,
   6-16  improvement, and protection of the parkland.  <The board may not
   6-17  acquire or control any park, parkland, parkway, playground, other
   6-18  land, or boulevard owned or controlled by a public authority other
   6-19  than the county or the district except as provided by this
   6-20  section.>
   6-21        SECTION 13.  Section 324.072, Local Government Code, is
   6-22  amended to read as follows:
   6-23        Sec. 324.072.  PLAN FOR DEVELOPMENT OF PARKS; ANNUAL BUDGET;
   6-24  FILING.  (a)  The board shall develop and approve a three-year
   6-25  master plan for capital development and the development of parks
    7-1  and district facilities.
    7-2        (b)  The board shall annually review and revise the master
    7-3  plan during the budget process and shall file a copy of the master
    7-4  plan and revisions with the county clerk.
    7-5        (c)  The board shall annually develop and approve a one-year
    7-6  budget that must include the suggested revisions and additions to
    7-7  the master plan.
    7-8        (d)  The board shall submit the annual budget to the
    7-9  commissioners court for approval and shall file a copy with the
   7-10  county clerk <Within 18 months after the date of the creation of a
   7-11  district, the board shall develop and approve a written one-year
   7-12  plan and a written five-year master plan for all capital
   7-13  development and the development of parks in the district.
   7-14  Subsequently, each year the board shall submit a one-year plan to
   7-15  the commissioners court for approval and at least every five years
   7-16  shall revise the five-year plan and submit it to the commissioners
   7-17  court for approval>.
   7-18        SECTION 14.  Section 324.095, Local Government Code, is
   7-19  amended to read as follows:
   7-20        Sec. 324.095.  Permanent Improvements on Land With River
   7-21  Frontage.  (a)  Through revenue bonds or any other revenue sources,
   7-22  the district may not purchase a river access location except for
   7-23  use as a:
   7-24              (1)  <that exceeds five acres or a permanent park
   7-25  improvement at a river access location other than a> sanitary
    8-1  facility;
    8-2              (2)<,>  litter receptacle;
    8-3              (3)<,>  drinking water facility;
    8-4              (4)<,>  parking lot;
    8-5              (5)<,>  road or trail;
    8-6              (6)<, or>  river ingress or egress facility;
    8-7              (7)  information booth; or
    8-8              (8)  tax collection facility.
    8-9        (b)  At a river access location permitted under this section,
   8-10  the district may not engage in any activity that competes with
   8-11  private enterprise except the provision and operation of a
   8-12  permanent improvement permitted under this section.
   8-13        (c)  Subject to the restrictions provided by Section
   8-14  324.067(d), the district may accept as a grant, gratuity, gift, or
   8-15  devise land with river access and any improvement that may exist on
   8-16  the land at the time of the gift.
   8-17        SECTION 15.  Section 324.097(c), Local Government Code, is
   8-18  amended to read as follows:
   8-19        (c)  At the time the financial statement is filed, the board
   8-20  shall file with the commissioners court a proposed budget of its
   8-21  needs for the next fiscal year.  The proposed budget shall include
   8-22  <only> items that:
   8-23              (1)  the board is unable to finance from the district's
   8-24  revenues, including revenues from facilities of which the income is
   8-25  pledged to revenue bonds; and
    9-1              (2)  the board requests purchase of with county funds.
    9-2        SECTION 16.  Sections 324.099(b), (c), (g), and (i), Local
    9-3  Government Code, are amended to read as follows:
    9-4        (b)  The taxes that a district may levy apply only within the
    9-5  district and are:
    9-6              (1)  a tax on the price paid for a camping or picnic
    9-7  space or river ingress or egress privileges, at a rate not greater
    9-8  than five percent established by resolution of the board, imposed
    9-9  on each person who, under a lease, concession, permit, right of
   9-10  access, license, contract, or agreement pays for the use or
   9-11  possession of a camping or picnic space or for river ingress or
   9-12  egress privileges costing at least $1 each day;
   9-13              (2)  a tax imposed by resolution of the board at a rate
   9-14  not greater than four percent on the cost of occupancy of a hotel
   9-15  if the cost of occupancy is $2 or more each day; a tax is not
   9-16  imposed if the accommodations are leased or contracted to one party
   9-17  for at least 30 consecutive days; and
   9-18              (3)  a tax imposed by resolution of the board at a rate
   9-19  not greater than five percent on the price paid for recreational
   9-20  guide or shuttle services or on the rental of any parking space and
   9-21  any water-oriented recreational equipment, including a canoe, tube,
   9-22  raft, boat, or sailing craft intended for use on public inland
   9-23  water in the district; boat slips; fishing tackle; and life
   9-24  jackets.
   9-25        (c)  The taxes imposed under this section are payable <only>
   10-1  by the purchaser or consumer of the items subject to the tax except
   10-2  that if the person responsible for collecting the tax does not
   10-3  comply with this chapter by collecting and remitting the tax to the
   10-4  district, the person responsible for collecting the tax is liable
   10-5  for the tax.
   10-6        (g)  If a revenue permit holder does not collect and remit a
   10-7  tax imposed, the board may suspend, revoke, or cancel the holder's
   10-8  revenue permit in addition to any other remedy the district may
   10-9  have to collect the tax under civil or criminal law.
  10-10        (i)  In the same manner that this section applies to a person
  10-11  who provides or offers a service, a use of a facility, or a rental
  10-12  of an item in the district, this section applies to a person who
  10-13  resides or does business <in the county but> outside the district
  10-14  but provides or offers recreational guide or shuttle services or
  10-15  the rental of water-oriented recreational equipment and the person
  10-16  regularly transports customers into the district for river access
  10-17  while the person is in the district.
  10-18        SECTION 17.  Section 324.100, Local Government Code, is
  10-19  amended to read as follows:
  10-20        Sec. 324.100.  Disposition of Revenue.  In addition to any
  10-21  other purpose or obligation of a district, a district may use its
  10-22  tax revenue and other revenue for:
  10-23              (1)  acquisition of a right-of-way that leads to or is
  10-24  in the district;
  10-25              (2)  construction, improvement, or maintenance of a
   11-1  road that leads to or is in the district;
   11-2              (3)  provision of law enforcement, emergency medical
   11-3  services, or fire protection in the district;
   11-4              (4)  programs to improve the water quality and sanitary
   11-5  conditions in the district;
   11-6              (5)  other programs that promote water-oriented
   11-7  recreation in the district;
   11-8              (6)  contribution to the county's general fund in the
   11-9  event that the board finds it has excess revenues;
  11-10              (7)  payment of indebtedness for bonds issued under
  11-11  Sections 324.091 and 324.092;
  11-12              (8)  acquiring insurance for the district;
  11-13              (9)  hiring necessary personnel as provided by Section
  11-14  324.062; and
  11-15              (10) <(8)>  any other lawful purpose for the benefit of
  11-16  the district.
  11-17        SECTION 18.  The importance of this legislation and the
  11-18  crowded condition of the calendars in both houses create an
  11-19  emergency and an imperative public necessity that the
  11-20  constitutional rule requiring bills to be read on three several
  11-21  days in each house be suspended, and this rule is hereby suspended,
  11-22  and that this Act take effect and be in force from and after its
  11-23  passage, and it is so enacted.