By Williamson H.B. No. 1211
75R4973 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of public recreational facilities by certain
1-3 private organizations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 10, Local Government Code, is
1-6 amended by adding Chapter 334 to read as follows:
1-7 CHAPTER 334. USE OF RECREATIONAL FACILITIES
1-8 BY CERTAIN PRIVATE ORGANIZATIONS
1-9 Sec. 334.001. USE PROHIBITED. (a) A political subdivision
1-10 of the state may not allow a private organization that enjoys a
1-11 special tax status under state or federal law to use a recreational
1-12 facility under the control of the political subdivision or of an
1-13 entity that manages the facility for the political subdivision if
1-14 the private organization:
1-15 (1) divides its membership into regions, districts, or
1-16 other geographic units based on the location of the residence of
1-17 its members; and
1-18 (2) restricts a member from participating in an
1-19 organization activity at the recreational facility because of the
1-20 location of the member's residence.
1-21 (b) In this section:
1-22 (1) "Recreational facility" means a publicly owned or
1-23 leased facility that is used for a sporting, entertainment,
1-24 cultural, or similar purpose, including a park, beach, arena,
2-1 stadium, or historical site.
2-2 (2) "Special tax status" means a tax exemption or
2-3 taxation at a reduced rate, such as nonprofit or charitable status.
2-4 SECTION 2. This Act takes effect September 1, 1997. The
2-5 changes in law made by this Act do not affect the right of a
2-6 private organization to use a publicly owned or leased recreational
2-7 facility under a written enforceable agreement entered into before
2-8 that date by the organization and by a political subdivision or an
2-9 entity that manages the facility for the political subdivision.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.