AN ACT
1-1 relating to authorizing counties and municipalities to jointly
1-2 establish certain recreational and cultural facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Chapter 301, Local Government
1-5 Code, is amended to read as follows:
1-6 CHAPTER 301. RECREATIONAL AND CULTURAL FACILITIES [AUDITORIUMS]
1-7 JOINTLY ESTABLISHED BY COUNTIES AND MUNICIPALITIES
1-8 SECTION 2. Sections 301.001, 301.002, 301.003, 301.006,
1-9 301.007, and 301.008, Local Government Code, are amended to read as
1-10 follows:
1-11 Sec. 301.001. AUTHORITY TO ESTABLISH RECREATIONAL OR
1-12 CULTURAL FACILITY [AUDITORIUM]. (a) In this chapter,
1-13 "recreational or cultural facility" means an auditorium, civic
1-14 center, 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
3-1 of the county and the governing body of the municipality a complete
3-2 financial statement about the condition of the recreational or
3-3 cultural facility [auditorium] and a proposed budget for the
3-4 anticipated financial needs of the recreational or cultural
3-5 facility [auditorium] for the next year.
3-6 (b) On the basis of the financial statement and budget, the
3-7 commissioners court of the county and the governing body of the
3-8 municipality may appropriate to the board an amount of money that
3-9 the commissioners court of the county and the governing body of the
3-10 municipality consider proper and necessary for the operation of the
3-11 recreational or cultural facility [auditorium].
3-12 Sec. 301.008. PERSONNEL. The board may employ a
3-13 superintendent or manager of the recreational or cultural facility
3-14 [auditorium]. The superintendent or manager, with the consent of
3-15 the board, may employ permanent or temporary personnel that are
3-16 necessary for the maintenance and operation of the recreational or
3-17 cultural facility [auditorium].
3-18 SECTION 3. This Act takes effect September 1, 1999.
3-19 SECTION 4. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1512 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1512 passed the House on
May 19, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor