By Ogden S.B. No. 1512
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.