1-1 By: Kuempel (Senate Sponsor - Wentworth) H.B. No. 2509
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 12, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-6 0; May 12, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 2509 By: Wentworth
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the operation of a park and recreation district in
1-24 certain counties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. The heading to Chapter 324, Local Government
1-27 Code, is amended to read as follows:
1-28 CHAPTER 324. PARK AND RECREATION DISTRICT AND PARK BONDS:
1-29 COUNTIES WITH FRONTAGE ON GUADALUPE AND COMAL RIVERS
1-30 SECTION 2. Sections 324.002(1) and (5), Local Government
1-31 Code, are amended to read as follows:
1-32 (1) "District" means a park and recreation district
1-33 created under this chapter.
1-34 (5) "District facility" includes any facility, land,
1-35 or improvement to land, whether permanent or temporary, that is
1-36 owned, <or> leased, or acquired by the district.
1-37 SECTION 3. The heading to Subchapter B, Chapter 324, Local
1-38 Government Code, is amended to read as follows:
1-39 SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT
1-40 SECTION 4. The heading to Subchapter C, Chapter 324, Local
1-41 Government Code, is amended to read as follows:
1-42 SUBCHAPTER C. BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT
1-43 SECTION 5. Section 324.042(a), Local Government Code, is
1-44 amended to read as follows:
1-45 (a) Within 30 <15> days after the date a board member is
1-46 appointed, the member must qualify by taking the official oath and
1-47 by filing a good and sufficient bond with the county clerk.
1-48 SECTION 6. Section 324.043, Local Government Code, is
1-49 amended to read as follows:
1-50 Sec. 324.043. Compensation AND REIMBURSEMENT. A board
1-51 member is not entitled to compensation but is entitled to
1-52 reimbursement for necessary expenses, including travel expenses,
1-53 incurred in performing the duties of a board member. A board
1-54 member's reimbursement for necessary expenses, in excess of $250,
1-55 shall be approved by the commissioners court. A board member's
1-56 approved expense account shall be paid in due time by the board's
1-57 check or warrant.
1-58 SECTION 7. Section 324.046(b), Local Government Code, is
1-59 amended to read as follows:
1-60 (b) The offices of secretary and treasurer may be held by
1-61 the same person. If either the secretary or the treasurer is
1-62 absent or unavailable, the president <other officer> may appoint
1-63 another board member to act for and perform the duties of the
1-64 absent or unavailable officer.
1-65 SECTION 8. Section 324.061(a), Local Government Code, is
1-66 amended to read as follows:
1-67 (a) Money and other funds belonging to or under control of
1-68 the board are public <shall be deposited and secured in the manner
2-1 prescribed by law for county> funds.
2-2 SECTION 9. Section 324.062, Local Government Code, is
2-3 amended to read as follows:
2-4 Sec. 324.062. Personnel. (a) The board may employ
2-5 managers, secretaries, stenographers, bookkeepers, accountants,
2-6 technical experts, and other permanent or temporary agents and
2-7 employees it requires.
2-8 (b) The board shall determine the qualifications and set the
2-9 duties of employees.
2-10 (c) <The board may employ and compensate a manager for one
2-11 or more parks or facilities and may give the manager full authority
2-12 in the management and operation of the parks subject only to the
2-13 direction and orders of the board that are effective under Section
2-14 324.045(b).>
2-15 <(d)> The board may call on the county attorney for the
2-16 legal services it requires. In addition, or in the alternative,
2-17 the board may contract for and compensate its own legal staff.
2-18 SECTION 10. Section 324.064(b), Local Government Code, is
2-19 amended to read as follows:
2-20 (b) If the contract is for less than $10,000 <$5,000>, the
2-21 board may enter into the contract without advertisement. If the
2-22 contract is for $10,000 <$5,000> or more, the contract is subject
2-23 to the bidding provisions for contracts applicable to the county.
2-24 SECTION 11. Section 324.066, Local Government Code, is
2-25 amended to read as follows:
2-26 Sec. 324.066. DISTRICT RULES AND ORDINANCES; CRIMINAL
2-27 PENALTY; CIVIL ENFORCEMENT. (a) The board may adopt reasonable
2-28 rules and ordinances applicable to:
2-29 (1) <tenants, concessionaires, and users of property
2-30 managed by the district;>
2-31 <(2) recreational activities in a park or district
2-32 facility, including hunting, fishing, boating, and camping;>
2-33 <(3) any other recreational or business privileges in
2-34 a park or district facility;>
2-35 <(4) the possession of glass beverage containers on
2-36 property managed by the district and public water in the district;>
2-37 <(5) subject to the public's paramount right to
2-38 navigate inland water, activities that endanger the health or
2-39 safety of persons or property on public water in the district;>
2-40 <(6) littering and the prevention of littering, as
2-41 defined by the board, of the public water and public roads in the
2-42 district and of property managed by the district; and>
2-43 <(7)> the administration, enforcement, and collection
2-44 of district taxes and the issuance, suspension, and cancellation of
2-45 revenue permits;
2-46 (2) littering and litter abatement on the public water
2-47 in the district, including the possession and disposition of glass
2-48 and beverage containers;
2-49 (3) activities that endanger the health and safety of
2-50 persons or property on public water in the district, subject to the
2-51 public's paramount right to navigate inland water; and
2-52 (4) tenants, business privileges, concessionaires,
2-53 users, and activities affecting district property and facilities,
2-54 including hunting, fishing, boating, camping, tubing, swimming, and
2-55 conservation of natural resources.
2-56 (b) The board may not require the holder of a revenue permit
2-57 to acquire liability or other insurance <contract with law
2-58 enforcement officers and attorneys to enforce its rules>.
2-59 (c) A police officer, constable, sheriff, or other law
2-60 enforcement officer with jurisdiction in the county may arrest
2-61 persons violating rules or ordinances of the board, <serve warrants
2-62 on persons accused of violating an ordinance of the board,> and
2-63 carry out the prosecution of those persons in the proper court.
2-64 (d) A person who violates a rule or ordinance adopted under
2-65 this section commits an offense. An offense under this section is
2-66 a Class C misdemeanor.
2-67 (e) The county attorney or an attorney retained by the board
2-68 for this purpose may bring an action to enjoin a violation of board
2-69 rules or ordinances, and if the board authorizes, may seek damages
2-70 and attorney's fees based on the violation, if the violation
3-1 involves:
3-2 (1) the providing or offering of a service or the use
3-3 or rental of a facility or an item for remuneration by a person who
3-4 does not hold a revenue permit issued by the district or for which
3-5 collection of a tax is required;
3-6 (2) failure of a revenue permit holder to remit a tax
3-7 imposed and the tax has been due for more than 60 days; or
3-8 (3) violation by a revenue permit holder of a district
3-9 rule relating to an activity that endangers the health or safety of
3-10 a person or property in the district. <For the purposes of this
3-11 section, "property managed by the district" includes property owned
3-12 by the district, property leased by the district, and other public
3-13 and private property managed by the district pursuant to an
3-14 agreement with the property owner.>
3-15 SECTION 12. Section 324.070, Local Government Code, is
3-16 amended to read as follows:
3-17 Sec. 324.070. Cooperation With Other Public Authorities.
3-18 Under an agreement with a public authority in control of parkland
3-19 in the county, <inside or outside the park district,> the district
3-20 may assume control of all or part of the parkland within the
3-21 district or contiguous to the district or may contract or cooperate
3-22 with the public authority in connection with the use, development,
3-23 improvement, and protection of the parkland. <The board may not
3-24 acquire or control any park, parkland, parkway, playground, other
3-25 land, or boulevard owned or controlled by a public authority other
3-26 than the county or the district except as provided by this
3-27 section.>
3-28 SECTION 13. Section 324.072, Local Government Code, is
3-29 amended to read as follows:
3-30 Sec. 324.072. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL BUDGET;
3-31 FILING. (a) The board shall develop and approve a three-year
3-32 master plan for capital development and the development of parks
3-33 and district facilities.
3-34 (b) The board shall annually review and revise the master
3-35 plan during the budget process and shall file a copy of the master
3-36 plan and revisions with the county clerk.
3-37 (c) The board shall annually develop and approve a one-year
3-38 budget that must include the suggested revisions and additions to
3-39 the master plan.
3-40 (d) The board shall submit the annual budget to the
3-41 commissioners court for approval and shall file a copy with the
3-42 county clerk <Within 18 months after the date of the creation of a
3-43 district, the board shall develop and approve a written one-year
3-44 plan and a written five-year master plan for all capital
3-45 development and the development of parks in the district.
3-46 Subsequently, each year the board shall submit a one-year plan to
3-47 the commissioners court for approval and at least every five years
3-48 shall revise the five-year plan and submit it to the commissioners
3-49 court for approval>.
3-50 SECTION 14. Section 324.095, Local Government Code, is
3-51 amended to read as follows:
3-52 Sec. 324.095. Permanent Improvements on Land With River
3-53 Frontage. (a) Through revenue bonds or any other revenue sources,
3-54 the district may not purchase a river access location except for
3-55 use as a:
3-56 (1) <that exceeds five acres or a permanent park
3-57 improvement at a river access location other than a> sanitary
3-58 facility;
3-59 (2)<,> litter receptacle;
3-60 (3)<,> drinking water facility;
3-61 (4)<,> parking lot;
3-62 (5)<,> road or trail;
3-63 (6)<, or> river ingress or egress facility;
3-64 (7) information booth; or
3-65 (8) tax collection facility.
3-66 (b) At a river access location permitted under this section,
3-67 the district may not engage in any activity that competes with
3-68 private enterprise except the provision and operation of a
3-69 permanent improvement permitted under this section.
3-70 (c) Subject to the restrictions provided by Section
4-1 324.067(d), the district may accept as a grant, gratuity, gift, or
4-2 devise land with river access and any improvement that may exist on
4-3 the land at the time of the gift.
4-4 SECTION 15. Section 324.097(c), Local Government Code, is
4-5 amended to read as follows:
4-6 (c) At the time the financial statement is filed, the board
4-7 shall file with the commissioners court a proposed budget of its
4-8 needs for the next fiscal year. The proposed budget shall include
4-9 <only> items that:
4-10 (1) the board is unable to finance from the district's
4-11 revenues, including revenues from facilities of which the income is
4-12 pledged to revenue bonds; and
4-13 (2) the board requests purchase of with county funds.
4-14 SECTION 16. Sections 324.099(b), (c), (g), and (i), Local
4-15 Government Code, are amended to read as follows:
4-16 (b) The taxes that a district may levy apply only within the
4-17 district and are:
4-18 (1) a tax on the price paid for a camping or picnic
4-19 space or river ingress or egress privileges, at a rate not greater
4-20 than five percent established by resolution of the board, imposed
4-21 on each person who, under a lease, concession, permit, right of
4-22 access, license, contract, or agreement pays for the use or
4-23 possession of a camping or picnic space or for river ingress or
4-24 egress privileges costing at least $1 each day;
4-25 (2) a tax imposed by resolution of the board at a rate
4-26 not greater than four percent on the cost of occupancy of a hotel
4-27 if the cost of occupancy is $2 or more each day; a tax is not
4-28 imposed if the accommodations are leased or contracted to one party
4-29 for at least 30 consecutive days; and
4-30 (3) a tax imposed by resolution of the board at a rate
4-31 not greater than five percent on the price paid for recreational
4-32 guide or shuttle services or on the rental of any parking space and
4-33 any water-oriented recreational equipment, including a canoe, tube,
4-34 raft, boat, or sailing craft intended for use on public inland
4-35 water in the district; boat slips; fishing tackle; and life
4-36 jackets.
4-37 (c) The taxes imposed under this section are payable <only>
4-38 by the purchaser or consumer of the items subject to the tax except
4-39 that if the person responsible for collecting the tax does not
4-40 comply with this chapter by collecting and remitting the tax to the
4-41 district, the person responsible for collecting the tax is liable
4-42 for the tax.
4-43 (g) If a revenue permit holder does not collect and remit a
4-44 tax imposed, the board may suspend, revoke, or cancel the holder's
4-45 revenue permit in addition to any other remedy the district may
4-46 have to collect the tax under civil or criminal law.
4-47 (i) In the same manner that this section applies to a person
4-48 who provides or offers a service, a use of a facility, or a rental
4-49 of an item in the district, this section applies to a person who
4-50 resides or does business <in the county but> outside the district
4-51 but provides or offers recreational guide or shuttle services or
4-52 the rental of water-oriented recreational equipment and the person
4-53 regularly transports customers into the district for river access
4-54 while the person is in the district.
4-55 SECTION 17. Section 324.100, Local Government Code, is
4-56 amended to read as follows:
4-57 Sec. 324.100. Disposition of Revenue. In addition to any
4-58 other purpose or obligation of a district, a district may use its
4-59 tax revenue and other revenue for:
4-60 (1) acquisition of a right-of-way that leads to or is
4-61 in the district;
4-62 (2) construction, improvement, or maintenance of a
4-63 road that leads to or is in the district;
4-64 (3) provision of law enforcement, emergency medical
4-65 services, or fire protection in the district;
4-66 (4) programs to improve the water quality and sanitary
4-67 conditions in the district;
4-68 (5) other programs that promote water-oriented
4-69 recreation in the district;
4-70 (6) contribution to the county's general fund in the
5-1 event that the board finds it has excess revenues;
5-2 (7) payment of indebtedness for bonds issued under
5-3 Sections 324.091 and 324.092;
5-4 (8) acquiring insurance for the district;
5-5 (9) hiring necessary personnel as provided by Section
5-6 324.062; and
5-7 (10) <(8)> any other lawful purpose for the benefit of
5-8 the district.
5-9 SECTION 18. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended,
5-14 and that this Act take effect and be in force from and after its
5-15 passage, and it is so enacted.
5-16 * * * * *
5-17 Austin,
5-18 Texas
5-19 May 12, 1993
5-20 Hon. Bob Bullock
5-21 President of the Senate
5-22 Sir:
5-23 We, your Committee on Intergovernmental Relations to which was
5-24 referred H.B. No. 2509, have had the same under consideration, and
5-25 I am instructed to report it back to the Senate with the
5-26 recommendation that it do not pass, but that the Committee
5-27 Substitute adopted in lieu thereof do pass and be printed.
5-28 Armbrister,
5-29 Chairman
5-30 * * * * *
5-31 WITNESSES
5-32 FOR AGAINST ON
5-33 ___________________________________________________________________
5-34 Name: Nathan B. Rheinlander x
5-35 Representing: Comal County Attorney
5-36 City: New Braunfels
5-37 -------------------------------------------------------------------
5-38 Name: Peter D. Newhouse x
5-39 Representing: Comal County Water Oriental Dt
5-40 City: Garden Ridge
5-41 -------------------------------------------------------------------
5-42 Name: Holly J. Gilmer x
5-43 Representing: Comal County Water Oriental Dt
5-44 City: Austin
5-45 -------------------------------------------------------------------