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.