Amend CSSB 624 (committee printing) by striking all below the
enacting clause and substituting the following:
SECTION 1. Section 49.001(a)(10), Water Code, is amended to
read as follows:
(10) "District facility" means tangible real and
personal property of the district, including any plant, equipment,
means, recreational facility as defined by Section 49.462, or
instrumentality owned, leased, operated, used, controlled,
furnished, or supplied for, by, or in connection with the business
or operations of a district. The term specifically includes a
reservoir or easement of a district.
SECTION 2. Section 49.461(a), Water Code, is amended to
read as follows:
(a) The legislature finds that:
(1) the provision of parks and recreational facilities
is necessary and desirable for the health and well-being of the
people of this state; and
(2) it is the policy of the state and the purpose of
this subchapter to encourage persons in districts to provide parks
and recreational facilities for their use and benefit[;
[(3) within constitutional limitations, the power to
enact laws vested in the legislature by Section 1, Article III,
Texas Constitution, is supreme;
[(4) there is no constitutional inhibition that would
prohibit the legislature from authorizing districts to acquire,
own, develop, construct, improve, manage, operate, and maintain
parks and recreational facilities; and
[(5) the general legislative power alone is adequate
to support the enactment of this subchapter without reference to
any specific constitutional authorization].
SECTION 3. Section 49.463, Water Code, is amended to read as
follows:
Sec. 49.463. AUTHORIZATION OF RECREATIONAL FACILITIES. In
addition to the other purposes for which a district is created, a
district is created for the purpose of financing, developing, and
maintaining recreational facilities for the people in the district.
A district may accomplish this purpose as provided in this
subchapter.
SECTION 4. Section 49.464(a), Water Code, is amended to
read as follows:
(a) Except as provided by Section 49.4645, a [A] district
may not issue bonds supported by ad valorem taxes to pay for the
development and maintenance of recreational facilities.
SECTION 5. Subchapter N, Chapter 49, Water Code, is amended
by adding Section 49.4645 to read as follows:
Sec. 49.4645. DISTRICT IN CERTAIN COUNTIES: BONDS FOR
RECREATIONAL FACILITIES. (a) A district all or part of which is
located in Harris County, Galveston County, Brazoria County, Fort
Bend County, or Montgomery County may issue bonds supported by ad
valorem taxes to pay for the development and maintenance of
recreational facilities only if the bonds are authorized by a
majority vote of the qualified voters of the district voting in an
election held for that purpose. The outstanding principal amount
of bonds, notes, and other obligations issued to finance parks and
recreational facilities payable from any source may not exceed an
amount equal to one percent of the value of the taxable property in
the district as shown by the tax rolls of the central appraisal
district at the time of the issuance of the bonds, notes, and other
obligations. The board may issue bonds payable solely from
revenues by resolution or by order of the board without an election.
The district may not issue bonds supported by ad valorem taxes to
pay for the development and maintenance of:
(1) indoor or outdoor swimming pools; or
(2) golf courses.
(b) Not later than the 10th day before an election is held to
authorize the issuance of bonds for the development and maintenance
of recreational facilities, the board shall file in the district
office for review by the public a park plan covering the land,
improvements, facilities, and equipment to be purchased or
constructed and their estimated cost, together with maps, plats,
drawings, and data fully showing and explaining the park plan. The
park plan is not part of the proposition to be voted on and the park
plan does not create a contract with the voters.
(c) Notice of a bond election for the development and
maintenance of recreational facilities must contain the
proposition to be voted on, which must include the estimate of the
probable cost of design, construction, purchase, acquisition, and
maintenance of improvements and additions, and incidental expenses
connected with the improvements and the issuance of bonds.
(d) A bond election for the development and maintenance of
recreational facilities may be held on the same day as another
district election. The board may call a bond election by a separate
election order or as part of another election order. The board may
submit multiple purposes in a single proposition at an election.
(e) The board may call a bond election for the development
and maintenance of recreational facilities as a result of an
agreement to annex additional territory into the district.
SECTION 6. Subchapter N, Chapter 49, Water Code, is amended
by adding Section 49.466 to read as follows:
Sec. 49.466. COMMISSION RULES. (a) The commission shall
adopt rules regarding the provision and financing of recreational
facilities funded through the issuance of bonds that are supported
by ad valorem taxes.
(b) The commission rules shall:
(1) emphasize the primary goal of financing water,
sewer, and drainage facilities to serve the district;
(2) emphasize and encourage the secondary goal of
financing recreational facilities; and
(3) encourage the conveyance of land to be used for
recreational facilities.
SECTION 7. Section 49.461(b), Water Code, and Subchapter I,
Chapter 54, Water Code, are repealed.
SECTION 8. This Act takes effect on the date on which the
constitutional amendment proposed by the 78th Legislature, Regular
Session, 2003, relating to the provision of parks and recreational
facilities by certain conservation and reclamation districts is
approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.