By: Zaffirini S.B. No. 199
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the administration of park and recreation districts in
1-2 certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 324.062, Local Government
1-5 Code, is amended to read as follows:
1-6 (c) The board may call on the county attorney or district
1-7 attorney for the legal services it requires. In addition, or in
1-8 the alternative, the board may contract for and compensate its own
1-9 legal staff.
1-10 SECTION 2. Subsection (b), Section 324.064, Local Government
1-11 Code, is amended to read as follows:
1-12 (b) If the contract is for $15,000 or less [than $10,000],
1-13 the board may enter into the contract without advertisement. If
1-14 the contract is for more than $15,000 [$10,000 or more], the
1-15 contract is subject to the bidding provisions for contracts
1-16 applicable to the county.
1-17 SECTION 3. Subsection (d), Section 324.066, Local Government
1-18 Code, is amended to read as follows:
1-19 (d) The county attorney, the district attorney, or an
1-20 attorney retained by the board for this purpose may bring an action
1-21 to enjoin a violation of board rules or ordinances, and if the
1-22 board authorizes, may seek damages and attorney's fees based on the
1-23 violation, if the violation involves:
2-1 (1) the providing or offering of a service or the use
2-2 or rental of a facility or an item for remuneration by a person who
2-3 does not hold a revenue permit issued by the district or for which
2-4 collection of a tax is required;
2-5 (2) failure of a revenue permit holder to remit a tax
2-6 imposed and the tax has been due for more than 60 days; or
2-7 (3) violation by a revenue permit holder of a district
2-8 rule relating to an activity that endangers the health or safety of
2-9 a person or property in the district.
2-10 SECTION 4. Subchapter D, Chapter 324, Local Government Code,
2-11 is amended by adding Section 324.0665 to read as follows:
2-12 Sec. 324.0665. BOND. If the board brings an action to
2-13 enforce this subchapter or enjoin a violation of a rule or
2-14 ordinance adopted by the board under this subchapter, the board is
2-15 not required to post a bond.
2-16 SECTION 5. The change in law made by this Act by the
2-17 amendment of Subsection (b), Section 324.064, Local Government
2-18 Code, and by the addition of Section 324.0665, Local Government
2-19 Code, applies only to a contract entered into or an action brought
2-20 by a park and recreation district on or after the effective date of
2-21 this Act. A contract entered into or an action brought by a park
2-22 and recreation district before the effective date of this Act is
2-23 governed by the law in effect when the contract was entered into or
2-24 the action was brought, and the former law is continued in effect
2-25 for that purpose.
3-1 SECTION 6. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.