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.