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                                  * * * * *