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
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   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
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