By Krusee                                             H.B. No. 1897
         76R5323 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing counties and municipalities to jointly
 1-3     establish certain recreational and cultural facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading of Chapter 301, Local Government
 1-6     Code, is amended to read as follows:
 1-7      CHAPTER 301.  RECREATIONAL AND CULTURAL FACILITIES [AUDITORIUMS]
 1-8             JOINTLY ESTABLISHED BY COUNTIES AND MUNICIPALITIES
 1-9           SECTION 2.  Sections 301.001-301.003 and 301.006-301.008,
1-10     Local Government Code, are amended to read as follows:
1-11           Sec. 301.001.  AUTHORITY TO ESTABLISH RECREATIONAL OR
1-12     CULTURAL FACILITY [AUDITORIUM]. (a)  In this chapter, "recreational
1-13     or  cultural facility" means an auditorium, civic center,
1-14     convention center, or exposition center.
1-15           (b)  The commissioners court of a county [with a population
1-16     of 20,000 or less] and the governing body of a municipality in that
1-17     county [with a  population of 10,000 or more] may jointly erect,
1-18     acquire, equip, maintain, and operate a recreational or cultural
1-19     facility [an auditorium].
1-20           Sec. 301.002.  FINANCING OF RECREATIONAL OR CULTURAL FACILITY
1-21     [AUDITORIUM].  The recreational or cultural facility [auditorium]
1-22     may  be financed out of the general revenues of the county and the
1-23     municipality in proportions that the commissioners court of the
1-24     county and the governing body of the municipality decide are
 2-1     appropriate.
 2-2           Sec. 301.003.  DELEGATION OF AUTHORITY TO BOARD OF MANAGERS;
 2-3     DONATIONS.  (a)  The commissioners court of the county and the
 2-4     governing body of the municipality, by resolution or other proper
 2-5     action, may delegate to a board of managers the authority to
 2-6     acquire land for a recreational or cultural facility [an
 2-7     auditorium] by purchase or lease and to erect, maintain, and equip
 2-8     a  recreational or cultural facility [an auditorium].
 2-9           (b)  The board, for the benefit of the recreational or
2-10     cultural facility [auditorium], may accept gifts and bequests on
2-11     behalf of the county and municipality and may borrow, receive,
2-12     exchange, sell, and lend property.  If a donor specifies a purpose
2-13     for a gift or loan, the board shall use the gift or loan for that
2-14     purpose.
2-15           Sec. 301.006.  AUTHORITY OF BOARD TO CONTRACT.  The board may
2-16     make any contract connected with or incidental to establishing,
2-17     equipping, maintaining, or operating the recreational or cultural
2-18     facility [auditorium] and may expend funds set aside by the county
2-19     and the municipality for purposes connected with  operating and
2-20     maintaining the recreational or cultural facility [auditorium].
2-21     However, the board may not bind the county or the municipality  to
2-22     make an expenditure of funds not specifically appropriated by the
2-23     county or the municipality for the benefit of the recreational or
2-24     cultural facility [auditorium].
2-25           Sec. 301.007.  FINANCIAL STATEMENT AND BUDGET.  (a)  Each
2-26     year the board shall prepare and present to the commissioners court
2-27     of the county and the governing body of the municipality a complete
 3-1     financial statement about the condition of the recreational or
 3-2     cultural facility [auditorium] and a proposed budget for  the
 3-3     anticipated financial needs of the recreational or cultural
 3-4     facility [auditorium] for the next year.
 3-5           (b)  On the basis of the financial statement and budget, the
 3-6     commissioners court of the county and the governing body of the
 3-7     municipality may appropriate to the board an amount of money that
 3-8     the commissioners court of the county and the governing body of the
 3-9     municipality consider proper and necessary for the operation of the
3-10     recreational or cultural facility [auditorium].
3-11           Sec. 301.008.  PERSONNEL.  The board may employ a
3-12     superintendent or manager of the recreational or cultural facility
3-13     [auditorium].  The superintendent or manager, with the consent of
3-14     the board, may employ permanent or temporary personnel that are
3-15     necessary for the maintenance and operation of the recreational or
3-16     cultural facility [auditorium].
3-17           SECTION 3.  This Act takes effect September 1, 1999.
3-18           SECTION 4.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended.