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.