1-1 By: Ogden S.B. No. 1512
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 29, 1999, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; March 29, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to authorizing counties and municipalities to jointly
1-9 establish certain recreational and cultural facilities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The heading of Chapter 301, Local Government
1-12 Code, is amended to read as follows:
1-13 CHAPTER 301. RECREATIONAL AND CULTURAL FACILITIES [AUDITORIUMS]
1-14 JOINTLY ESTABLISHED BY COUNTIES AND MUNICIPALITIES
1-15 SECTION 2. Sections 301.001, 301.002, 301.003, 301.006,
1-16 301.007, and 301.008, Local Government Code, are amended to read as
1-17 follows:
1-18 Sec. 301.001. AUTHORITY TO ESTABLISH RECREATIONAL OR
1-19 CULTURAL FACILITY [AUDITORIUM]. (a) In this chapter,
1-20 "recreational or cultural facility" means an auditorium, civic
1-21 center, convention center, or exposition center.
1-22 (b) The commissioners court of a county [with a population
1-23 of 20,000 or less] and the governing body of a municipality in that
1-24 county [with a population of 10,000 or more] may jointly erect,
1-25 acquire, equip, maintain, and operate a recreational or cultural
1-26 facility [an auditorium].
1-27 Sec. 301.002. FINANCING OF RECREATIONAL OR CULTURAL FACILITY
1-28 [AUDITORIUM]. The recreational or cultural facility [auditorium]
1-29 may be financed out of the general revenues of the county and the
1-30 municipality in proportions that the commissioners court of the
1-31 county and the governing body of the municipality decide are
1-32 appropriate.
1-33 Sec. 301.003. DELEGATION OF AUTHORITY TO BOARD OF MANAGERS;
1-34 DONATIONS. (a) The commissioners court of the county and the
1-35 governing body of the municipality, by resolution or other proper
1-36 action, may delegate to a board of managers the authority to
1-37 acquire land for a recreational or cultural facility [an
1-38 auditorium] by purchase or lease and to erect, maintain, and equip
1-39 a recreational or cultural facility [an auditorium].
1-40 (b) The board, for the benefit of the recreational or
1-41 cultural facility [auditorium], may accept gifts and bequests on
1-42 behalf of the county and municipality and may borrow, receive,
1-43 exchange, sell, and lend property. If a donor specifies a purpose
1-44 for a gift or loan, the board shall use the gift or loan for that
1-45 purpose.
1-46 Sec. 301.006. AUTHORITY OF BOARD TO CONTRACT. The board may
1-47 make any contract connected with or incidental to establishing,
1-48 equipping, maintaining, or operating the recreational or cultural
1-49 facility [auditorium] and may expend funds set aside by the county
1-50 and the municipality for purposes connected with operating and
1-51 maintaining the recreational or cultural facility [auditorium].
1-52 However, the board may not bind the county or the municipality to
1-53 make an expenditure of funds not specifically appropriated by the
1-54 county or the municipality for the benefit of the recreational or
1-55 cultural facility [auditorium].
1-56 Sec. 301.007. FINANCIAL STATEMENT AND BUDGET. (a) Each
1-57 year the board shall prepare and present to the commissioners court
1-58 of the county and the governing body of the municipality a complete
1-59 financial statement about the condition of the recreational or
1-60 cultural facility [auditorium] and a proposed budget for the
1-61 anticipated financial needs of the recreational or cultural
1-62 facility [auditorium] for the next year.
1-63 (b) On the basis of the financial statement and budget, the
1-64 commissioners court of the county and the governing body of the
2-1 municipality may appropriate to the board an amount of money that
2-2 the commissioners court of the county and the governing body of the
2-3 municipality consider proper and necessary for the operation of the
2-4 recreational or cultural facility [auditorium].
2-5 Sec. 301.008. PERSONNEL. The board may employ a
2-6 superintendent or manager of the recreational or cultural facility
2-7 [auditorium]. The superintendent or manager, with the consent of
2-8 the board, may employ permanent or temporary personnel that are
2-9 necessary for the maintenance and operation of the recreational or
2-10 cultural facility [auditorium].
2-11 SECTION 3. This Act takes effect September 1, 1999.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *