1-1 By: Zaffirini S.B. No. 199
1-2 (In the Senate - Filed January 14, 1997; January 15, 1997,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 20, 1997, reported favorably by the following
1-5 vote: Yeas 11, Nays 0; February 20, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the administration of park and recreation districts in
1-9 certain counties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (c), Section 324.062, Local Government
1-12 Code, is amended to read as follows:
1-13 (c) The board may call on the county attorney or district
1-14 attorney for the legal services it requires. In addition, or in
1-15 the alternative, the board may contract for and compensate its own
1-16 legal staff.
1-17 SECTION 2. Subsection (b), Section 324.064, Local Government
1-18 Code, is amended to read as follows:
1-19 (b) If the contract is for $15,000 or less [than $10,000],
1-20 the board may enter into the contract without advertisement. If
1-21 the contract is for more than $15,000 [$10,000 or more], the
1-22 contract is subject to the bidding provisions for contracts
1-23 applicable to the county.
1-24 SECTION 3. Subsection (d), Section 324.066, Local Government
1-25 Code, is amended to read as follows:
1-26 (d) The county attorney, the district attorney, or an
1-27 attorney retained by the board for this purpose may bring an action
1-28 to enjoin a violation of board rules or ordinances, and if the
1-29 board authorizes, may seek damages and attorney's fees based on the
1-30 violation, if the violation involves:
1-31 (1) the providing or offering of a service or the use
1-32 or rental of a facility or an item for remuneration by a person who
1-33 does not hold a revenue permit issued by the district or for which
1-34 collection of a tax is required;
1-35 (2) failure of a revenue permit holder to remit a tax
1-36 imposed and the tax has been due for more than 60 days; or
1-37 (3) violation by a revenue permit holder of a district
1-38 rule relating to an activity that endangers the health or safety of
1-39 a person or property in the district.
1-40 SECTION 4. Subchapter D, Chapter 324, Local Government Code,
1-41 is amended by adding Section 324.0665 to read as follows:
1-42 Sec. 324.0665. BOND. If the board brings an action to
1-43 enforce this subchapter or enjoin a violation of a rule or
1-44 ordinance adopted by the board under this subchapter, the board is
1-45 not required to post a bond.
1-46 SECTION 5. The change in law made by this Act by the
1-47 amendment of Subsection (b), Section 324.064, Local Government
1-48 Code, and by the addition of Section 324.0665, Local Government
1-49 Code, applies only to a contract entered into or an action brought
1-50 by a park and recreation district on or after the effective date of
1-51 this Act. A contract entered into or an action brought by a park
1-52 and recreation district before the effective date of this Act is
1-53 governed by the law in effect when the contract was entered into or
1-54 the action was brought, and the former law is continued in effect
1-55 for that purpose.
1-56 SECTION 6. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended,
1-61 and that this Act take effect and be in force from and after its
1-62 passage, and it is so enacted.
1-63 * * * * *