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.