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.