73R8566 DWS-F
          By Kuempel                                            H.B. No. 2509
          Substitute the following for H.B. No. 2509:
          By Chisum                                         C.S.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(a), Local Government Code, is
    2-8  amended to read as follows:
    2-9        (a)  The board may adopt reasonable rules applicable to:
   2-10              (1)  tenants, concessionaires, and users of property
   2-11  managed by the district;
   2-12              (2)  recreational activities in a park or district
   2-13  facility, including hunting, fishing, boating, and camping;
   2-14              (3)  any other recreational or business privileges in a
   2-15  park or district facility;
   2-16              (4)  the possession and disposition of glass and
   2-17  Styrofoam <beverage containers> on property managed by the district
   2-18  and public water in the district;
   2-19              (5)  subject to the public's paramount right to
   2-20  navigate inland water, activities that endanger the health or
   2-21  safety of persons or property on public water in the district;
   2-22              (6)  littering and the prevention of littering, as
   2-23  defined by the board, of the public water and public roads in the
   2-24  district and of property managed by the district; and
   2-25              (7)  the administration, enforcement, and collection of
    3-1  district taxes and the issuance of revenue permits.
    3-2        SECTION 6.  Section 324.072, Local Government Code, is
    3-3  amended to read as follows:
    3-4        Sec. 324.072.  Plan for Development of Parks; Filing.  The
    3-5  board shall develop and approve a three-year master plan for
    3-6  capital development and the development of parks and district
    3-7  facilities.  The board shall review and revise the plan each year
    3-8  during the budget process and file a copy of the master plan with
    3-9  the county clerk.  Each year the board shall develop and approve a
   3-10  one-year budget.  The annual budget must include the suggested
   3-11  revisions and additions to the master plan.  The board shall submit
   3-12  the annual budget to the commissioners court for approval and file
   3-13  a copy with the county clerk.  <Within 18 months after the date of
   3-14  the creation of a district, the board shall develop and approve a
   3-15  written one-year plan and a written five-year master plan for all
   3-16  capital development and the development of parks in the district.
   3-17  Subsequently, each year the board shall submit a one-year plan to
   3-18  the commissioners court for approval and at least every five years
   3-19  shall revise the five-year plan and submit it to the commissioners
   3-20  court for approval.>
   3-21        SECTION 7.  Section 324.095, Local Government Code, is
   3-22  amended to read as follows:
   3-23        Sec. 324.095.  Permanent Improvements on Land With River
   3-24  Frontage.  Through revenue bonds or any other revenue sources, the
   3-25  district may not purchase a river access location that exceeds five
    4-1  acres or a permanent park improvement at a river access location
    4-2  other than a sanitary facility, litter receptacle, drinking water
    4-3  facility, parking lot, information booth, road, trail, or river
    4-4  ingress or egress facility.  At a river access location permitted
    4-5  under this section, the district may not engage in any activity
    4-6  that competes with private enterprise except the provision and
    4-7  operation of a permanent improvement permitted under this section.
    4-8        SECTION 8.  Sections 324.099(a), (b), and (g), Local
    4-9  Government Code, are amended to read as follows:
   4-10        (a)  The district may levy and collect taxes and issue
   4-11  revenue permits to carry out any purposes prescribed by this
   4-12  chapter and to pay the obligations of the district.  The district
   4-13  may not require a holder of a revenue permit to acquire liability
   4-14  insurance or other insurance.
   4-15        (b)  The taxes that a district may levy apply only within the
   4-16  district and are:
   4-17              (1)  a tax on the price paid for a camping or picnic
   4-18  space or river ingress or egress privileges, at a rate not greater
   4-19  than five percent established by resolution of the board, imposed
   4-20  on each person who, under a lease, concession, permit, right of
   4-21  access, license, contract, or agreement pays for the use or
   4-22  possession of a camping or picnic space or for river ingress or
   4-23  egress privileges costing at least $1 each day;
   4-24              (2)  a tax imposed by resolution of the board at a rate
   4-25  not greater than four percent on the cost of occupancy of a hotel
    5-1  if the cost of occupancy is $2 or more each day; a tax is not
    5-2  imposed if the accommodations are leased or contracted to one party
    5-3  for at least 30 consecutive days; and
    5-4              (3)  a tax imposed by resolution of the board at a rate
    5-5  not greater than five percent on the price paid for recreational
    5-6  guide or shuttle services or on the rental of any parking space and
    5-7  any water-oriented recreational equipment, including a canoe, tube,
    5-8  raft, boat, or sailing craft intended for use on public inland
    5-9  water in the district; boat slips; fishing tackle; and life
   5-10  jackets.
   5-11        (g)  If a revenue permit holder does not collect and remit a
   5-12  tax imposed, after the 90th day after the date the taxes were due
   5-13  the board may suspend or cancel the holder's revenue permit.
   5-14        SECTION 9.  The importance of this legislation and the
   5-15  crowded condition of the calendars in both houses create an
   5-16  emergency and an imperative public necessity that the
   5-17  constitutional rule requiring bills to be read on three several
   5-18  days in each house be suspended, and this rule is hereby suspended,
   5-19  and that this Act take effect and be in force from and after its
   5-20  passage, and it is so enacted.