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.

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