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By: West S.B. No. 1472
Substitute the following for S.B. No. 1472:
By: Smith of Harris C.S.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.
[Sections 327.002-327.050 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
one million by order may authorize the creation of a zoo board under
this chapter 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.
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 assess and collect a separate ad valorem tax to provide
revenue for a zoo board that it has created. The tax may not exceed
a rate of three 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 county commissioners court 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 assess and collect a
separate ad valorem tax, in an amount not to exceed _______ (rate,
not to exceed three 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 use the 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) A zoo board consists
of seven directors appointed by the county commissioners court as
follows:
(1) one director appointed by each member of the
county commissioners court; and
(2) two directors appointed jointly by the county
commissioners court.
(b) Each director serves at the pleasure of the county
commissioners court.
Sec. 327.102. VACANCY. A vacancy on the zoo board is filled
in the same manner as the original appointment.
Sec. 327.103. OFFICERS. (a) The county commissioners
court shall designate the presiding officer for the zoo board to
serve in that capacity at the pleasure of the commissioners court.
(b) The zoo board shall elect a vice presiding officer,
secretary, and treasurer from among its members.
(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. 327.104. MEETINGS. A zoo board shall hold regular
meetings at times to be fixed by the zoo board or special meetings
as necessary.
Sec. 327.105. 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. 327.106. 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 327.107-327.150 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 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; APPROVAL REQUIRED. (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 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) Before entering into a contract under this section, the
zoo board must obtain the approval of the county commissioners
court.
Sec. 327.156. AGREEMENT TO OPERATE DISTRICT. (a) In
selecting a person to operate a zoo under Section 327.155, the 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; APPROVAL REQUIRED. A zoo board may
acquire and sell property for any zoo board purpose. Before the
acquisition or sale, the zoo board must obtain the approval of the
county commissioners court.
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.
(c) Before making a transfer under this section, the
governmental entity must obtain the approval of the county
commissioners court.
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) A zoo board may accept a
donation, grant, or other gift from any person for any zoo board
purpose.
(b) Before accepting a donation, grant, or other gift under
this section, the zoo board must obtain the approval of the county
commissioners court.
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 or district attorney may perform any
necessary legal services for the zoo board.
Sec. 327.162. SUPERVISION BY COUNTY. (a) The county
commissioners court may supervise the zoo board in the exercise of
all powers and duties under this chapter, including Subchapter E.
(b) The county commissioners court may decide to approve all
zoo board contracts, leases, deeds, or other agreements. An
appropriate entry in the minutes of the commissioners 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 AND COUNTY POWER OVER
FUNDS. A zoo board shall manage and control zoo board funds subject
to the supervision or approval of the county commissioners court
under Section 327.162 and subject to the approval of the county
commissioners court of a budget under Section 327.207.
Sec. 327.202. ACCOUNTING AND CONTROL PROCEDURES. A zoo
board by rule may adopt accounting and control procedures for the
zoo board, subject to the supervision of the county commissioners
court under Section 327.162.
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; HEARINGS. (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 county commissioners court.
(f) The budget is not considered final until the county
commissioners court has approved the budget, including any
revisions, after a public hearing and a vote by the commissioners
court in favor of 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 county
commissioners court 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 county commissioners court
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 county
commissioner court 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 a separate ad valorem tax in an amount not to
exceed the limit approved by the voters under Subchapter B.
(b) The taxes may be used to pay:
(1) the bonds issued by:
(A) the county under Subchapter F; or
(B) any other governmental entity for property
transferred by that entity under Section 327.158; or
(2) maintenance or other expenses of the zoo board.
Sec. 327.302. TAX RATE. In adopting the tax rate, the
county may consider the zoo board's income from sources other than
taxation.
[Sections 327.303-327.350 reserved for expansion]
SUBCHAPTER H. DISSOLUTION
Sec. 327.351. DISSOLUTION BY COUNTY. (a) The county
commissioners court may dissolve the zoo board if all zoo board
debts and obligations have been discharged.
(b) Any property remaining after dissolution is transferred
to the county.
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.