By Zaffirini                                     S.B. No. 199

      75R2653 SKB-D                           

                                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 or district

 1-8     attorney for the legal services it requires.  In addition, or in

 1-9     the alternative,  the board may contract for and compensate its own

1-10     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, or an

1-21     attorney retained by the board for this purpose may bring an action

1-22     to enjoin a violation of board rules or ordinances, and if the

1-23     board authorizes, may seek damages and attorney's fees based on the

1-24     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 Section 324.064(b), Local Government Code, and by the

2-18     addition of Section 324.0665, Local Government Code, applies only

2-19     to a contract entered into or an action brought by a district on or

2-20     after the effective date of this Act.  A contract entered into or

2-21     an action brought by a district before the effective date of this

2-22     Act is governed by the law in effect when the contract was entered

2-23     into or the action was brought, and the former law is continued in

2-24     effect for that purpose.

2-25           SECTION 6.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended,

 3-3     and that this Act take effect and be in force from and after its

 3-4     passage, and it is so enacted.