By: West S.B. No. 1472
A BILL TO BE ENTITLED
AN ACT
relating to zoological operation and maintenance boards;
authorizing taxes and bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Local Government Code, is
amended by adding Chapter 327 to read as follows:
CHAPTER 327. ZOOLOGICAL OPERATION AND MAINTENANCE BOARDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 327.001. DEFINITIONS. In this chapter:
(1) "County" means the county that created the zoo
board.
(2) "Director" means a zoo board member.
(3) "Zoo board" means a zoological operation and
maintenance board created under this chapter.
Sec. 327.002. PURPOSE AND NATURE OF ZOO BOARD. A zoo board
is created to establish, finance, and manage facilities and
services to provide conservation, education, research, public
recreation, and care relating to the study and display of animals
and other specimens in a public zoological park.
[Sections 327.003-327.050 reserved for expansion]
SUBCHAPTER B. CREATION OF ZOO BOARD
Sec. 327.051. COUNTIES AUTHORIZED TO CREATE ZOO BOARD. The
commissioners court of a county with a population of more than 1.5
million that is adjacent to a county with a population of more than
1 million by order may authorize the creation of a zoo board under
this chapter.
Sec. 327.052. ORDER CREATING ZOO BOARD. (a) The order
authorizing the creation of a zoo board must specify that the zoo
board:
(1) is being created under this chapter; and
(2) has the powers and duties provided in this
chapter.
(b) The order authorizing the creation of the zoo board may
also serve as the election order under Section 327.054.
Sec. 327.053. AUTHORITY TO TAX; ELECTION REQUIRED. The
county may designate and use a portion of its ad valorem taxing
authority to provide revenue for a zoo board that it has created.
The tax may not exceed a rate of 3 cents per $100 valuation of
taxable property and the amount of the tax must be approved by a
majority of the voters of the county voting at an election held for
that purpose by the county.
Sec. 327.054. ELECTION ORDER. (a) An order for an
election under Section 327.053 must state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open;
(4) the location of the polling places; and
(5) the proposed maximum ad valorem tax rate.
(b) The election order may contain additional information
about the zoo board that the commissioners court of the county
considers appropriate to inform the voters of, including
information about the zoo board's mission or finances.
Sec. 327.055. CONDUCT OF ELECTION. (a) The county shall
hold the election under the Election Code to the extent not
inconsistent with this chapter.
(b) The ballot for the election shall be printed to permit
voting for or against the following summary of the proposition:
"Authorizing ___________ (name of county) to pledge a portion of
its existing ad valorem taxing authority, in an amount not to exceed
_______ (rate, not to exceed 3 cents) cents per $100 valuation of
taxable property, to fund the acquisition, construction,
operation, and maintenance of one or more zoos to be operated for
the county by the _____________ (name of zoo board)."
Sec. 327.056. ELECTION RESULTS. (a) Not earlier than the
second day or later than the 13th day after the election date, the
county shall canvass the election returns.
(b) If a majority of the votes cast favor the proposition
under Section 327.055, the county may designate and use a portion of
its existing ad valorem taxing authority as provided in the
proposition and this chapter.
(c) If less than a majority of the votes cast favor the
proposition, the county may not order another election on the
matter earlier than the anniversary of the date of the preceding
election.
[Sections 327.057-327.100 reserved for expansion]
SUBCHAPTER C. ORGANIZATION OF BOARD OF DIRECTORS
Sec. 327.101. BOARD OF DIRECTORS. A zoo board consists of
11 directors appointed by the commissioners court of the county.
Sec. 327.102. TERMS; INITIAL APPOINTMENTS. (a) A director
serves a two-year term.
(b) In appointing the initial zoo board, the commissioners
court of the county shall designate five directors to serve a
one-year term.
Sec. 327.103. VACANCY. A vacancy on the zoo board is filled
in the same manner as the original appointment. The director
appointed to fill the vacancy shall serve the unexpired term.
Sec. 327.104. OFFICERS. (a) Except as provided in
Subsection (b), the zoo board shall elect a presiding officer, vice
presiding officer, secretary, and treasurer from among its members.
(b) The county shall designate the presiding officer for the
initial zoo board to serve in that capacity until the expiration of
that director's term.
(c) The offices of secretary and treasurer may be held by
the same director. If either the secretary or treasurer is
unavailable, the other officer, if the offices are held by
different directors, may act for and perform the duties of the
unavailable officer.
Sec. 327.105. MEETINGS. A zoo board shall hold regular
meetings at times to be fixed by the zoo board or special meetings
as necessary.
Sec. 327.106. COMPENSATION; EXPENSES. (a) A director
serves without compensation but may be reimbursed for a reasonable
and necessary expense, including a travel expense, incurred in
performing an official duty.
(b) To receive reimbursement under Subsection (a):
(1) the director must report the expense in the zoo
board's minute book or other zoo board record; and
(2) the zoo board must approve the expense.
Sec. 327.107. IMMUNITY FROM LIABILITY. A director is not
liable for civil damages or criminal prosecution for any act
performed in good faith in the execution of the director's duties or
for any action taken by the zoo board.
[Sections 327.108-327.150 reserved for expansion]
SUBCHAPTER D. ZOO BOARD POWERS AND DUTIES
Sec. 327.151. GENERAL POWERS. A zoo board may exercise any
power necessary or appropriate to further a zoo board purpose,
including establishing or operating one or more zoos.
Sec. 327.152. RULES. The zoo board may adopt rules to
implement this chapter, including rules to govern the zoo board or
manage zoos.
Sec. 327.153. EXECUTIVE DIRECTOR; RULES. (a) A zoo board
may appoint an executive director to manage the zoo board's
operations.
(b) The zoo board by rule may define the powers, duties, and
compensation of the executive director.
Sec. 327.154. EMPLOYEES; RULES. (a) A zoo board may
delegate to the executive director the power to hire and fire
persons necessary to carry out the zoo board's duties.
(b) The zoo board may adopt rules regarding the powers,
duties, qualifications, and compensation of zoo board employees.
Sec. 327.155. CONTRACTS--GENERAL. (a) A zoo board may
contract with any person, including a governmental entity, private
vendor, or foreign state, for any zoo board purpose, including
contracting with the following entities to furnish staff,
facilities, equipment, programs, utilities, and services the zoo
board considers necessary or appropriate to effectively operate the
zoo board or a zoo under its control:
(1) a municipality, county, special district, or other
political subdivision of the state;
(2) a state or federal agency;
(3) an individual; or
(4) an entity in the private sector.
(b) A contract may be on terms and conditions and for the
length of time as agreed to by the zoo board.
(c) A contract binds the zoo board and the county without
reference to any other law.
Sec. 327.156. AGREEMENT TO OPERATE DISTRICT. (a) In
selecting a person to operate a zoo under Section 327.155, the zoo
board shall consider:
(1) the financial capability of the person;
(2) the experience and qualifications of the person;
and
(3) the likelihood that the person will obtain from
the United States Department of Agriculture:
(A) accreditation of a zoo; and
(B) necessary permits.
(b) The agreement may allow a reasonable time after it
becomes effective for the person to obtain accreditation and
permits under Subsection (a)(3).
Sec. 327.157. PROPERTY. A zoo board may acquire and sell
property for any zoo board purpose.
Sec. 327.158. PUBLIC PURPOSE OF DONATIONS, AGREEMENTS, OR
TRANSFERS WITH OR FROM OTHER POLITICAL ENTITIES; EXCEPTION TO
COMPETITIVE BIDDING. (a) A governmental entity, including a
municipality, county, special district, or other political
subdivision of the state, may sell, lease, donate, or otherwise
transfer to a zoo board a zoo, zoo-related property, or any other
property on a finding by the transferring entity that the action is
being carried out to further the public purpose of providing and
maintaining the zoo-related property.
(b) The entity may make the transfer without complying with
laws on competitive bids or proposals.
Sec. 327.159. ZOO BOARD RECORDS. (a) A zoo board shall:
(1) keep a complete account of each zoo board meeting
or other proceeding; and
(2) maintain zoo board records in a secure manner.
(b) The records are the property of the zoo board.
(c) The commissioners court of the county and other county
officers may inspect zoo board records at all reasonable times
during regular business hours.
Sec. 327.160. DONATIONS. A zoo board may accept a donation,
grant, or other gift from any person for any zoo board purpose.
Sec. 327.161. SUITS; SERVICE OF PROCESS; LEGAL SERVICES.
(a) A zoo board may sue and be sued.
(b) In a suit against a zoo board, process may be served on a
director or registered agent.
(c) The county attorney may perform any necessary legal
services for the zoo board.
Sec. 327.162. SUPERVISION BY COUNTY. (a) The
commissioners court of the county may supervise the zoo board in the
exercise of all powers and duties under this chapter.
(b) The commissioners court of the county may decide to
approve all zoo board contracts, leases, deeds, or other
agreements. An appropriate entry in the minutes of the
commissoners court of the county is sufficient evidence of
approval.
Sec. 327.163. SEAL. A zoo board shall adopt a seal for the
zoo board.
[Sections 327.164-327.200 reserved for expansion]
SUBCHAPTER E. GENERAL FISCAL PROVISIONS
Sec. 327.201. GENERAL ZOO BOARD POWER OVER FUNDS. A zoo
board shall manage and control zoo board funds.
Sec. 327.202. ACCOUNTING AND CONTROL PROCEDURES. A zoo
board by rule may adopt accounting and control procedures for the
zoo board.
Sec. 327.203. PURCHASING AND EXPENDITURE METHOD. A zoo
board by rule may prescribe the zoo board's method of making
purchases and expenditures.
Sec. 327.204. FISCAL YEAR. (a) A zoo board by rule shall
establish the zoo board's fiscal year.
(b) The zoo board may not change the fiscal year more than
once in a two-year period.
Sec. 327.205. ANNUAL AUDIT REQUIRED. A zoo board shall have
an annual audit of the zoo board's financial condition performed by
an independent auditor.
Sec. 327.206. ANNUAL BUDGET PROPOSAL. (a) A zoo board
shall propose an annual budget.
(b) The proposed budget must contain a complete financial
statement, including the:
(1) outstanding zoo board obligations;
(2) amount of cash on hand to the credit of each zoo
board fund;
(3) amount of money received by the zoo board from all
sources during the previous year;
(4) estimated amount of money available to the zoo
board from all sources during the current fiscal year;
(5) amount of money needed to fund programs approved
for funding by the zoo board;
(6) amount of the balances expected at the end of the
fiscal year in which the budget is being prepared; and
(7) estimated amount of revenue and balances available
to cover the proposed budget.
Sec. 327.207. ADOPTION OF ANNUAL BUDGET; HEARING. (a) Not
later than the 100th day before the date each fiscal year begins,
the zoo board shall hold a public hearing on the proposed annual
budget.
(b) The zoo board shall publish notice of the hearing in a
newspaper with general circulation in the county not later than the
10th day before the date of the hearing.
(c) Any county resident is entitled to be present and
participate at the hearing.
(d) Not later than the 80th day before the date each fiscal
year begins, the zoo board shall adopt a budget. The zoo board may
make any changes in the proposed budget that in its judgment the
interests of the taxpayers demand.
(e) Not later than the 10th day after the date the budget is
adopted, the zoo board shall submit the budget, with any revisions,
to the commissioners court of the county for final approval.
Sec. 327.208. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.
(a) A zoo board may not spend money unless the expense is included
in the annual budget.
(b) A zoo board may not incur a debt payable from zoo board
revenue except for revenue in the current or immediately following
fiscal year.
Sec. 327.209. ACCOUNT OF ZOO BOARD DISBURSEMENTS. Not
later than the 60th day after the last day of each fiscal year, a zoo
board employee shall prepare for the zoo board a sworn statement
showing:
(1) the zoo board's funds; and
(2) the disbursements of those funds.
[Sections 327.210-327.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 327.251. GENERAL OBLIGATION BONDS. The commissioners
court of the county may issue and sell bonds to acquire, construct,
equip, or enlarge any zoo or zoo-related property, including a zoo
board building or other facility.
Sec. 327.252. TAXES TO PAY BONDS. (a) When the county
issues bonds under this chapter, the commissioners court of the
county shall impose an ad valorem tax on all property subject to
county taxation.
(b) The tax amount must be sufficient to create an interest
and sinking fund to pay the principal of and interest on the bonds
as they mature.
(c) The proceeds of the tax shall be used to pay the
principal of, interest on, and other fees and charges relating to
the bonds.
Sec. 327.253. AUTHORITY FOR BOND ELECTION. The
commissioners court of the county may order a bond election on its
own motion or on the zoo board's request.
Sec. 327.254. EXECUTION OF BONDS. The county judge shall
execute the bonds and the county clerk shall countersign the bonds.
[Sections 327.255-327.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 327.301. ANNUAL PROPERTY TAXES. (a) The county
annually shall impose an ad valorem tax in an amount:
(1) not to exceed the limit approved by the voters
under Subchapter B; and
(2) necessary to pay the county's bonds issued under
Subchapter F.
(b) The taxes may be used to pay:
(1) the bonds issued by the county under Subchapter F;
or
(2) maintenance or other expenses of the zoo board.
Sec. 327.302. TAX RATE. (a) In adopting the tax rate, the
county may consider the zoo board's income from sources other than
taxation.
(b) The tax rate for all purposes may not exceed the
county's available ad valorem tax.
[Sections 327.303-327.350 reserved for expansion]
SUBCHAPTER H. DISSOLUTION
Sec. 327.351. DISSOLUTION BY ZOO BOARD REQUEST. (a) A zoo
board may dissolve itself if all zoo board debts and obligations
have been discharged.
(b) Any property remaining after dissolution is transferred
to the county.
Sec. 327.352. DISSOLUTION BY COUNTY AND MUNICIPALITY.
(a) The governing bodies of the county and the most populous
municipality located in whole or in part in the county may dissolve
the zoo board if:
(1) both governing bodies agree to dissolve the zoo
board; and
(2) all zoo board debts and obligations have been
discharged.
(b) Property remaining after dissolution is transferred to:
(1) the county; or
(2) the municipality, if both the county and
municipality agree on the transfer of that property.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.