75R12200 SKB-D
By Zaffirini S.B. No. 199
Substitute the following for S.B. No. 199:
By Chisum C.S.S.B. No. 199
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of park and recreation districts in
1-3 certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 324.062(c), Local Government Code, is
1-6 amended to read as follows:
1-7 (c) The board may call on the county attorney, district
1-8 attorney, or criminal district attorney for the legal services it
1-9 requires. In addition, or in the alternative, the board may
1-10 contract for and compensate its own legal staff.
1-11 SECTION 2. Section 324.064(b), Local Government Code, is
1-12 amended to read as follows:
1-13 (b) If the contract is for $15,000 or less [than $10,000],
1-14 the board may enter into the contract without advertisement. If
1-15 the contract is for more than $15,000 [$10,000 or more], the
1-16 contract is subject to the bidding provisions for contracts
1-17 applicable to the county.
1-18 SECTION 3. Section 324.066(d), Local Government Code, is
1-19 amended to read as follows:
1-20 (d) The county attorney, the district attorney, the criminal
1-21 district attorney, or an attorney retained by the board for this
1-22 purpose may bring an action to enjoin a violation of board rules or
1-23 ordinances, and if the board authorizes, may seek damages and
1-24 attorney's fees based on the 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. Section 324.099(b), Local Government Code, is
2-17 amended to read as follows:
2-18 (b) The taxes that a district may levy apply only within the
2-19 district and are:
2-20 (1) a tax on the price paid for a camping or picnic
2-21 space or river ingress or egress privileges, at a rate not greater
2-22 than five percent established by resolution of the board, imposed
2-23 on each person who, under a lease, concession, permit, right of
2-24 access, license, contract, or agreement pays for the use or
2-25 possession of a camping or picnic space or for river ingress or
2-26 egress privileges costing at least $1 each day;
2-27 (2) a tax imposed by resolution of the board at a rate
3-1 not greater than four percent on the cost of occupancy of a hotel
3-2 if the cost of occupancy is $2 or more each day; a tax is not
3-3 imposed if the accommodations are leased or contracted to one party
3-4 for at least 30 consecutive days; [and]
3-5 (3) a tax imposed by resolution of the board at a rate
3-6 not greater than five percent on the price paid for recreational
3-7 guide or shuttle services or on the rental of any parking space and
3-8 any water-oriented recreational equipment, including a canoe, tube,
3-9 raft, boat, personal watercraft, windsurfer, or sailing craft
3-10 intended for use on public inland water in the district; boat
3-11 slips; fishing tackle; and life jackets; and
3-12 (4) a tax imposed by resolution of the board at a rate
3-13 not greater than five percent on initiation fees and membership
3-14 fees of any private club or organization that owns and provides for
3-15 the use of its members water-oriented recreational equipment
3-16 described by Subdivision (3).
3-17 SECTION 6. The change in law made by this Act by the
3-18 amendment of Section 324.064(b), Local Government Code, and by the
3-19 addition of Section 324.0665, Local Government Code, applies only
3-20 to a contract entered into or an action brought by a district on or
3-21 after the effective date of this Act. A contract entered into or
3-22 an action brought by a district before the effective date of this
3-23 Act is governed by the law in effect when the contract was entered
3-24 into or the action was brought, and the former law is continued in
3-25 effect for that purpose.
3-26 SECTION 7. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.