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.