By Green H.B. No. 3241 76R5691 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to restrictions on the construction or operations of 1-3 health and fitness facilities by a political subdivision. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 10, Local Government Code, is 1-6 amended to add Chapter 336 to read as follows: 1-7 CHAPTER 336. RESTRICTIONS ON CONSTRUCTION AND OPERATION 1-8 OF HEALTH AND FITNESS FACILITIES 1-9 Sec. 336.001. DEFINITIONS. In this section: 1-10 (1) "Construct or operate a health and fitness 1-11 facility" includes the following activities: 1-12 (A) building or enlarging a health and fitness 1-13 facility; or 1-14 (B) adding new equipment or employees to 1-15 increase the number of persons a health and fitness facility may 1-16 serve. 1-17 (2) "Health and fitness facility" means any facility 1-18 at which health and fitness services are offered to the public, 1-19 including a stadium, playing field, or gym. The term does not 1-20 include: 1-21 (A) a facility used exclusively for the benefit 1-22 of the employees of a political subdivision or the students of a 1-23 school district; 1-24 (B) a golf course, driving range, or other 2-1 golf-related facility used exclusively for the benefit of the 2-2 students of a school district; or 2-3 (C) a swimming pool used exclusively for 2-4 swimming or other water sports or activities. 2-5 (3) "Health and fitness service" means the 2-6 instruction, training, or assistance in any activity designed to 2-7 promote health or physical fitness, including bodybuilding, 2-8 exercising, weight reduction, figure development, tennis, squash, 2-9 racquetball, handball, volleyball, swimming, basketball, running, 2-10 or any other athletic activity or training. 2-11 (4) "Political subdivision" means a county, 2-12 municipality, special district, school district, junior college 2-13 district, or any other political subdivision of the state. 2-14 Sec. 336.002. RESTRICTIONS ON SPENDING. A political 2-15 subdivision may not use any public funds to construct or operate a 2-16 health and fitness facility or expand a health and fitness service 2-17 offered by the political subdivision unless the use of public funds 2-18 is approved under this chapter. 2-19 Sec. 336.003. REQUIRED HEARING. (a) A political 2-20 subdivision that proposes to use any public funds to construct or 2-21 operate a health and fitness facility or expand a health and 2-22 fitness service shall hold a hearing on the use of the public funds 2-23 for that purpose. 2-24 (b) The governing body of the political subdivision shall 2-25 publish notice of the hearing not less than three times in a 2-26 newspaper of general circulation in the political subdivision. 2-27 (c) At the hearing, the governing body may receive testimony 3-1 on: 3-2 (1) the number of private health and fitness 3-3 facilities in or near the political subdivision, including the 3-4 number of facilities providing similar health and fitness 3-5 facilities or services; and 3-6 (2) the impact on any private health and fitness 3-7 facility resulting from the proposed construction or operation of 3-8 the political subdivision's health and fitness facility or expanded 3-9 service. 3-10 Sec. 336.004. GOVERNING BODY APPROVAL. (a) After a hearing 3-11 under Section 336.003, the governing body of the political 3-12 subdivision may approve the use of public funds only if the 3-13 governing body adopts a written finding, by a three-fifths or 3-14 greater vote, that the use of public funds for the construction or 3-15 operation of a health and fitness facility or the expanded service: 3-16 (1) is necessary because the need for the facility or 3-17 service is not satisfied by the operation of private health and 3-18 fitness facilities; and 3-19 (2) will not have an adverse impact on the tax or 3-20 economic base of the political subdivision as a result of the 3-21 closing of or loss of tax revenue from any private health and 3-22 fitness facility operation caused by the construction or operation 3-23 of a health and fitness facility or the expanded service offered by 3-24 the political subdivision. 3-25 (b) The authority may spend public funds for the 3-26 construction or operation of a health and fitness facility or the 3-27 expanded service only if that action is confirmed by the voters. 4-1 If the governing body adopts a finding under Subsection (a), the 4-2 governing body shall order an election to confirm the use of public 4-3 funds for the construction or operation of the health and fitness 4-4 facility or the expanded service. The election shall be held on 4-5 the first uniform authorized election date that occurs on or after 4-6 the 45th day after the date the finding is approved. 4-7 Sec. 336.005. BALLOT PROPOSITION. The ballot for the 4-8 election shall be printed to permit voting for or against the 4-9 proposition: "Allowing ____________(name of political subdivision) 4-10 to spend _________(amount of public funds) for the 4-11 _______________(description of proposed construction or operation 4-12 of a health and fitness facility or the expansion of service)." 4-13 Sec. 336.006. RESULTS OF ELECTION. If a majority of the 4-14 votes received in the election favor the use of public funds, the 4-15 governing body of the political subdivision may use the public 4-16 funds for the designated purpose. 4-17 SECTION 2. Subtitle F, Title 10, Government Code, is amended 4-18 by adding Chapter 2259 to read as follows: 4-19 CHAPTER 2259. RESTRICTIONS ON CONSTRUCTION 4-20 AND OPERATION OF CERTAIN 4-21 STATE HEALTH AND FITNESS FACILITIES 4-22 Sec. 2259.001. DEFINITION. In this chapter, "state agency" 4-23 means a state officer, board, commission, or department with 4-24 statewide jurisdiction that makes rules or determines contested 4-25 cases. The term includes an institution of higher education. 4-26 Sec. 2259.002. RESTRICTIONS ON CERTAIN SPENDING BY STATE 4-27 AGENCIES. (a) The restrictions and requirements imposed on a 5-1 political subdivision under Sections 336.001-336.003, Local 5-2 Government Code, also apply to a state agency. 5-3 (b) Before a state agency uses any public funds to construct 5-4 or operate a health or fitness facility or expand a health and 5-5 fitness service offered by the state agency, the state agency shall 5-6 hold a hearing in the same manner that a political subdivision 5-7 holds a hearing under Section 336.003, Local Government Code. 5-8 Sec. 2259.003. AGENCY APPROVAL REQUIRED. (a) After a 5-9 hearing under Section 2259.002, the governing body of a state 5-10 agency may approve the use of public funds only if the governing 5-11 body adopts a written finding, by a three-fifths or greater vote, 5-12 approving the use of the funds to construct or operate a health or 5-13 fitness facility or expand a health and fitness service offered by 5-14 the state agency. 5-15 (b) A finding adopted under this section must comply with 5-16 the requirements of Section 336.004(a), Local Government Code. 5-17 SECTION 3. (a) This Act takes effect September 1, 1999. 5-18 (b) This Act applies only to a new or expanded health and 5-19 fitness service offered or a new or expanded health and fitness 5-20 facility operated or proposed to be operated under Chapter 336, 5-21 Local Government Code, or Chapter 2259, Government Code, as added 5-22 by this Act. 5-23 (c) This Act does not apply to a health and fitness service 5-24 offered or a health and fitness facility operated by a political 5-25 subdivision or a state agency before the effective date of this Act 5-26 if the service is offered or facility is operated at the same level 5-27 as the service or facility provided before the effective date of 6-1 this Act. 6-2 SECTION 4. The importance of this legislation and the 6-3 crowded condition of the calendars in both houses create an 6-4 emergency and an imperative public necessity that the 6-5 constitutional rule requiring bills to be read on three several 6-6 days in each house be suspended, and this rule is hereby suspended.