|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation and operation of a park and recreation |
|
district in counties that share a border on the San Marcos River and |
|
to the authority of the district to collect fees and issue bonds; |
|
creating a criminal offense and providing penalties. |
|
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 324A to read as follows: |
|
CHAPTER 324A. PARK AND RECREATION DISTRICTS IN CERTAIN COUNTIES ON |
|
THE SAN MARCOS RIVER |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 324A.001. ELIGIBLE COUNTIES AND TERRITORY. (a) Two |
|
counties that share a border on the San Marcos River may create a |
|
district as provided by this chapter in all or part of the counties |
|
to: |
|
(1) conserve the natural resources in the district; |
|
and |
|
(2) improve the public health, safety, and welfare in |
|
the district. |
|
(b) The territory of a district created under this chapter |
|
must include all of at least one county election precinct on each |
|
side of the San Marcos River, except that the district territory |
|
must exclude all territory located in a state park. |
|
(c) The territory of a district created under this chapter |
|
may not include territory outside of the creating counties |
|
initially, but the district may annex territory outside the |
|
counties under Section 324A.121. |
|
Sec. 324A.002. DEFINITIONS. (a) In this chapter: |
|
(1) "Board" means the board of directors of a park and |
|
recreation district created under this chapter. |
|
(2) "District" means a park and recreation district |
|
created under this chapter. |
|
(3) "Eligible county" means a county described by |
|
Section 324A.001. |
|
(4) "Fee" includes a toll or any other charge. |
|
(b) A reference in this chapter to a county "in which the |
|
district is located" does not include a county in which the district |
|
was not located on the date the district was created. |
|
SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT |
|
Sec. 324A.021. CREATION ELECTIONS REQUIRED. A district may |
|
be created under this chapter only if: |
|
(1) the commissioners court of each eligible county in |
|
which the proposed district will be located: |
|
(A) receives a written petition for the creation |
|
of the district that: |
|
(i) is signed by a number of the registered |
|
voters who reside in the county equal to at least five percent of |
|
the votes received in the county in the most recent gubernatorial |
|
general election; and |
|
(ii) includes an accurate description of |
|
the territory to be included in the district by reference to county |
|
election precinct boundaries, by metes and bounds, by lot and block |
|
number if there is a recorded map or plat and survey of the area, or |
|
by other sufficient legal description; or |
|
(B) passes a motion favoring creation of the |
|
district that includes an accurate description of the territory to |
|
be included in the district by reference to county election |
|
precinct boundaries, by metes and bounds, by lot and block number if |
|
there is a recorded map or plat and survey of the area, or by other |
|
sufficient legal description; |
|
(2) the commissioners court of each county in which |
|
the proposed district will be located approves the creation of the |
|
district after a public hearing held to consider the creation of the |
|
district; and |
|
(3) the creation of the district is approved by the |
|
voters as provided by Section 324A.024. |
|
Sec. 324A.022. HEARING. (a) A commissioners court of an |
|
eligible county that receives a petition or passes a motion under |
|
Section 324A.021 shall hold a hearing on the creation of the |
|
district. |
|
(b) The commissioners court shall set a date for the hearing |
|
that is after the 20th day but on or before the 40th day after the |
|
date the petition is received or the passage of the motion, as |
|
applicable, under Section 324A.021. |
|
(c) The commissioners court shall publish in a newspaper of |
|
general circulation in the county notice of the petition or motion |
|
and the hearing date. |
|
(d) The notice must be published at least once each week for |
|
a period of two weeks before the hearing date. |
|
(e) At the hearing, the commissioners court shall hear all |
|
arguments for and against the creation of the district and shall |
|
take evidence as in civil cases in the county court. |
|
(f) The hearing may be adjourned from time to time on good |
|
cause shown. |
|
Sec. 324A.023. ORDER OF ELECTION. (a) After holding a |
|
hearing under Section 324A.022, the commissioners court may approve |
|
the creation of the district and order an election on the issue of |
|
the creation of the district only if the court finds that: |
|
(1) the petition, if any, was signed by the required |
|
number of registered voters in the county; |
|
(2) the district will serve the purposes prescribed by |
|
Section 324A.001; and |
|
(3) the territory of the proposed district includes at |
|
least one county election precinct in an eligible county on each |
|
side of the San Marcos River. |
|
(b) The commissioners court's election order must provide |
|
for the voters of the territory of the proposed district who reside |
|
in the county to vote for or against a proposition to approve the |
|
creation of the district. |
|
(c) A commissioners court that orders an election under this |
|
section shall notify the commissioners court of the other eligible |
|
county in which the proposed district will be located of the order. |
|
Sec. 324A.024. ELECTION; RESULT. (a) The election must be |
|
held on the date of the first regularly scheduled countywide |
|
election that follows the date of the order of the election and for |
|
which there is sufficient time to comply with other requirements of |
|
law. |
|
(b) The commissioners courts of the counties in which the |
|
proposed district will be located are not required to hold their |
|
respective creation elections on the same day. |
|
(c) The returns on the election shall be certified and the |
|
results declared in the same manner as provided for other county |
|
elections, except as provided by this section. |
|
(d) A commissioners court that holds an election under this |
|
section shall notify the commissioners court of the other county in |
|
which the district is proposed to be located of the results of the |
|
election, including the number of voters who voted for the |
|
proposition and the number of voters who voted against the |
|
proposition. |
|
(e) After an election is held in the proposed district |
|
territory of each eligible county, the two commissioners courts |
|
jointly shall determine whether the majority of the voters voting |
|
in the proposed district as a whole voted for or against the |
|
proposition to approve the creation of the district. The county |
|
commissioners courts jointly shall declare the district created if |
|
a majority of the voters who voted in the proposed district as a |
|
whole voted for the proposition. Each commissioners court shall |
|
enter the declaration in the court's minutes at the court's next |
|
meeting, or if the majority of the voters who voted in the proposed |
|
district as a whole voted against the proposition, each court shall |
|
enter in the court's minutes that the voters did not approve the |
|
creation of the district. |
|
Sec. 324A.025. COSTS OF CREATION AND ORGANIZATION. The |
|
costs necessarily incurred in the creation and organization of the |
|
district may be paid from the district's revenue from any source. |
|
SUBCHAPTER C. BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT |
|
Sec. 324A.041. APPOINTMENT OF BOARD MEMBERS; TERMS. (a) A |
|
district is governed by a board composed of seven members. |
|
(b) The commissioners court of each county in which the |
|
district is located shall appoint three members of the board. |
|
(c) A municipality in the district may nominate a candidate |
|
for the seventh board member position. The six board members |
|
appointed under Subsection (b) shall select a seventh board member |
|
from among the nominations or, if the board receives no |
|
nominations, shall select a seventh board member. |
|
(d) A commissioners court or the board shall file with the |
|
county clerk of each county in which the district is located a |
|
certificate of the appointment of each board member appointed by |
|
the court or board. The certificate is conclusive evidence of the |
|
proper appointment of the board member. |
|
(e) Three members of the initial board serve one-year terms |
|
and four members serve two-year terms. The members shall draw lots |
|
to determine which members serve the one-year terms. Thereafter, |
|
each board member is appointed for a term of two years from the date |
|
of the board member's appointment. |
|
(f) A board member may not serve more than four consecutive |
|
full terms. |
|
Sec. 324A.042. QUALIFICATIONS. (a) A board member must: |
|
(1) be a citizen of the United States; and |
|
(2) reside, own property, or own a business in the |
|
district. |
|
(b) A board member may not be an officer or employee of a |
|
county in which the district is located or of a municipality in the |
|
district. |
|
(c) Not more than two board members may be owners, |
|
operators, or employees of the same type of business. |
|
Sec. 324A.043. VACANCIES. A vacancy that occurs on the |
|
board shall be filled for the unexpired term by appointment in the |
|
manner in which the vacating board member was appointed. |
|
Sec. 324A.044. OATH AND BOND. (a) Not later than the 30th |
|
day after the date a board member is appointed, the member must |
|
qualify by taking the official oath and by filing a good and |
|
sufficient bond with the district. |
|
(b) The bond must be: |
|
(1) payable to the district; |
|
(2) payable in an amount prescribed by the district of |
|
$5,000 or more; and |
|
(3) conditioned that the board member will faithfully |
|
perform the duties of a board member, including the proper handling |
|
of all money that comes into the board member's hands in the board |
|
member's official capacity. |
|
Sec. 324A.045. COMPENSATION AND REIMBURSEMENT. A board |
|
member is not entitled to compensation but is entitled to |
|
reimbursement for necessary expenses, including travel expenses, |
|
incurred in performing the duties of a board member. A board |
|
member's reimbursement for necessary expenses in excess of $250 |
|
must be approved by the board. A board member's approved expense |
|
account shall be paid in due time by the board's check or warrant. |
|
Sec. 324A.046. QUORUM; MAJORITY VOTE. (a) Five board |
|
members constitute a quorum of the board. |
|
(b) An affirmative vote of a majority of the membership of |
|
the board is required for board action. |
|
Sec. 324A.047. APPROVAL OF COMMISSIONERS COURT. (a) The |
|
board is subject to the supervision of the commissioners courts of |
|
the counties in which the district is located in the exercise of all |
|
the board's rights, powers, and privileges and in the performance |
|
of the board's duties. |
|
(b) Not later than the 30th day after the date the board |
|
acts, the commissioners courts jointly may approve or disapprove |
|
the board's action. If the courts disapprove the act, the act is |
|
ineffective. Otherwise, the act becomes effective on the earlier |
|
of the date the commissioners courts approve the act or the 31st day |
|
after the date the board acted. |
|
Sec. 324A.048. ORGANIZATION; MEETINGS. (a) Annually, the |
|
board shall elect a president, a vice president, a secretary, and a |
|
treasurer. |
|
(b) The offices of secretary and treasurer may be held by |
|
the same person. If either the secretary or the treasurer is absent |
|
or unavailable, the president may appoint another board member to |
|
act for and perform the duties of the absent or unavailable officer. |
|
(c) The board shall set times for and hold regular meetings. |
|
On the request of two or more board members, the board may hold a |
|
special meeting at other times as necessary. |
|
(d) The board shall hold meetings at a public place in a |
|
county in which the district is located. |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 324A.061. DEPOSITORIES AND DISBURSEMENTS. (a) Money |
|
and other funds belonging to or under control of the board are |
|
public funds. |
|
(b) The board shall select depositories for the money. |
|
(c) A warrant or check for the withdrawal of money must be |
|
signed by two persons authorized to sign a warrant or check by |
|
resolution entered in the board's minutes. |
|
Sec. 324A.062. ADMINISTRATION. (a) The board may employ a |
|
manager and a secretary. |
|
(b) The board shall determine the qualifications and set the |
|
duties of employees. |
|
(c) The board may call on the county attorney, district |
|
attorney, or criminal district attorney of a county in which the |
|
district is located for legal services the board requires. The |
|
board may contract for and compensate the board's own legal staff. |
|
(d) The district may maintain and operate an office. |
|
(e) The board may acquire insurance for the district. |
|
Sec. 324A.063. SEAL. The board shall adopt a seal to place |
|
on each lease, deed, or other instrument usually executed under |
|
seal and on other instruments as the board requires. |
|
Sec. 324A.064. CONTRACTS. (a) The board may enter into any |
|
contract that the board considers necessary or convenient to carry |
|
out the purposes and powers granted by this chapter. |
|
(b) If the contract is for an amount less than or equal to |
|
the amount prescribed by Section 262.023, the board may enter into |
|
the contract without advertisement. If the contract is for more |
|
than that amount, the contract is subject to the bidding provisions |
|
applicable to county contracts. |
|
(c) To be effective, a contract must be: |
|
(1) approved by board resolution; |
|
(2) executed by the president or vice president; and |
|
(3) attested by the secretary or treasurer. |
|
Sec. 324A.065. SUITS. The board may sue and be sued in the |
|
board's own name. |
|
Sec. 324A.066. DISTRICT RULES AND ORDINANCES; CRIMINAL |
|
PENALTY. (a) The board may adopt reasonable rules and ordinances |
|
applicable to: |
|
(1) the administration, enforcement, and collection |
|
of district fees and the issuance, suspension, and cancellation of |
|
revenue permits; |
|
(2) littering and litter abatement on public water in |
|
the district, including the possession and disposition of plastic |
|
and glass containers; |
|
(3) activities that endanger the health and safety of |
|
persons or property on public water in the district, including the |
|
possession or consumption of alcohol by minors, subject to the |
|
public's paramount right to navigate inland water; and |
|
(4) conservation of the district's natural resources |
|
and regulation of activities affecting the district's natural |
|
resources, including hunting, fishing, boating, camping, tubing, |
|
and swimming. |
|
(b) A program adopted under this section may require a |
|
revenue permit holder to participate in a litter abatement program |
|
where the permit holder issues a trash bag to a customer. |
|
(c) A person who violates a rule or ordinance adopted under |
|
this section commits an offense. An offense under this subsection |
|
is a Class C misdemeanor punishable by: |
|
(1) a fine not to exceed $500 for a violation of a rule |
|
or ordinance not described by Subsection (a)(2); and |
|
(2) a fine not to exceed $1,000 for a violation of a |
|
rule or ordinance described by Subsection (a)(2). |
|
Sec. 324A.067. ENFORCEMENT. (a) A police officer, |
|
constable, sheriff, or other law enforcement officer with |
|
jurisdiction in a county in which the district is located may arrest |
|
a person who violates a district rule or ordinance, including a |
|
revenue permit requirement, in the officer's, constable's, or |
|
sheriff's county and carry out the prosecution of that person in the |
|
proper court. |
|
(b) The county attorney, district attorney, or criminal |
|
district attorney of a county in which the district is located, or |
|
an attorney retained by the board for this purpose, may bring an |
|
action to enjoin a violation of a district rule or ordinance, and if |
|
the board authorizes, may seek damages and attorney's fees based on |
|
the violation, if the violation involves: |
|
(1) the providing or offering of a rental or service |
|
for which collection of a fee is required under Section 324A.092; |
|
(2) the failure of a revenue permit holder to remit a |
|
fee imposed under Section 324A.092 if the fee has been due for more |
|
than 60 days; or |
|
(3) the violation by a revenue permit holder of a |
|
district rule or ordinance relating to an activity that endangers |
|
the health or safety of a person or property in the district. |
|
Sec. 324A.068. BOND. If the board brings an action to |
|
enforce this subchapter or enjoin a violation of a district rule or |
|
ordinance adopted under this subchapter, the board is not required |
|
to post a bond. |
|
Sec. 324A.069. HEALTH AND SAFETY SERVICES. The district |
|
may provide for fire protection, law enforcement, or emergency |
|
medical services in the district. |
|
Sec. 324A.070. WATER QUALITY. The district may conduct a |
|
program to improve water quality and sanitary conditions in the |
|
district. |
|
Sec. 324A.071. GRANTS AND GRATUITIES. To promote or |
|
accomplish a purpose of this chapter, the board may: |
|
(1) accept grants or gratuities in any form from any |
|
source, including the United States government, this state, a state |
|
or federal agency, a private or public corporation, or any other |
|
person; or |
|
(2) accept donations of money or other property. |
|
Sec. 324A.072. DISTRICT AS TRUSTEE. To promote or |
|
accomplish a purpose of this chapter, the district may act as |
|
trustee of land, money, or other property. |
|
Sec. 324A.073. MANAGEMENT PLAN; ANNUAL BUDGET; FILING. (a) |
|
The board shall develop and approve a three-year master plan for the |
|
management of the district. |
|
(b) The board shall annually review and revise the master |
|
plan during the budget process and shall file a copy of the master |
|
plan and revisions with the county clerk of each county in which the |
|
district is located. |
|
(c) The board shall annually develop and approve a one-year |
|
budget that must include the suggested revisions and additions to |
|
the master plan. |
|
(d) The board shall submit the annual budget to the |
|
commissioners court of each county in which the district is located |
|
for approval and shall file a copy with the county clerk. |
|
Sec. 324A.074. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
SUBCHAPTER E. FEES; BONDS; FINANCIAL PROVISIONS |
|
Sec. 324A.091. NO AD VALOREM TAXES. The district may not |
|
impose an ad valorem tax. |
|
Sec. 324A.092. FEES FOR EQUIPMENT RENTALS AND SHUTTLE |
|
SERVICE; REVENUE PERMITS; CRIMINAL PENALTY. (a) The district may |
|
collect fees and issue revenue permits under this section in the |
|
district to carry out any purposes prescribed by this chapter and to |
|
pay the obligations and expenses of the district. |
|
(b) The board by resolution may impose fees for the rental |
|
of water-oriented recreational equipment intended for use on a |
|
river in the district, including a canoe, tube, raft, boat, or |
|
kayak, or for the provision of shuttle service in, or into or out |
|
of, the district, including a service for river ingress and egress. |
|
The board may impose different fee rates for different types of |
|
rental equipment or services, except that a fee may not be imposed |
|
at a rate greater than $3 per person: |
|
(1) for each rental of water-oriented recreational |
|
equipment; or |
|
(2) if the person does not rent equipment described by |
|
Subdivision (1), for each person using shuttle service. |
|
(c) A fee imposed under this section is payable by the |
|
purchaser or consumer of the item or service subject to the fee |
|
except that if the person responsible for collecting the fee does |
|
not comply with this chapter by collecting and remitting the fee to |
|
the district, the person responsible for collecting the fee is |
|
liable for the fee. |
|
(d) A person who does not hold a revenue permit issued by the |
|
board commits an offense if the person provides or offers for |
|
compensation a rental or service if the price paid for the rental or |
|
service is subject to a fee under this section. Each provision or |
|
offer for compensation of the rental or service is a separate |
|
offense. An offense under this subsection is a Class C misdemeanor, |
|
unless it is shown at the trial of the defendant that the defendant |
|
has previously been convicted of an offense under this subsection, |
|
in which case the offense is a Class B misdemeanor. |
|
(e) A person who holds a revenue permit issued by the |
|
district shall collect the fees imposed under this section and |
|
shall report and remit the collected fees to the district as the |
|
district requires. |
|
(f) If a revenue permit holder remits fees imposed under |
|
this section after the due date but on or before the 30th day after |
|
the due date, the revenue permit holder shall pay the district a |
|
penalty of five percent of the amount of fees due. If the revenue |
|
permit holder remits the fees after the 30th day after the due date, |
|
the revenue permit holder shall pay the district a penalty of 10 |
|
percent of the amount of fees due. |
|
(g) Delinquent fees and accrued penalties draw interest at |
|
the rate of 10 percent a year beginning on the 60th day after the |
|
date the fees imposed under this section were due. |
|
(h) If a revenue permit holder does not collect and remit a |
|
fee imposed under this section, the board may suspend, revoke, or |
|
cancel the holder's revenue permit and pursue any other remedy the |
|
district may have to collect the fee under civil or criminal law. |
|
(i) The board may settle a claim for a penalty or interest |
|
accrued on a fee imposed under this section if the board finds that |
|
the revenue permit holder exercised reasonable diligence to comply |
|
with this chapter. |
|
(j) In the same manner that this section applies to a person |
|
who provides or offers a rental or service for compensation in the |
|
district, this section applies to a person who resides or does |
|
business outside the district but: |
|
(1) provides or offers a rental or service for |
|
compensation in the district; and |
|
(2) regularly transports customers into or out of the |
|
district for river or parking access. |
|
Sec. 324A.093. FEE EXEMPTION. The district may not collect |
|
a fee on a transaction between a person and an interest operated in |
|
the district by: |
|
(1) the United States; |
|
(2) a state park; or |
|
(3) a nonprofit youth-oriented organization. |
|
Sec. 324A.094. REVENUE BOND ELECTION. (a) Revenue bonds |
|
may not be issued by the district until authorized by a majority |
|
vote of the district's voters voting at an election called and held |
|
for that purpose. |
|
(b) Not later than two years after the date the district is |
|
declared created under Section 324A.024, the board may order a bond |
|
election. Regardless of the requirements of Section 324A.047(b), |
|
the order is not effective unless approved by the commissioners |
|
court of each county in which the district is located. Except as |
|
provided by this section, the election shall be held in the manner |
|
provided by the Election Code. |
|
(c) At the election, the ballot must be printed to provide |
|
for voting for or against the issuance of revenue bonds. |
|
(d) If a majority of the votes cast at the election favor the |
|
issuance of the bonds, the bonds may be issued by the board. If a |
|
majority of the votes cast at the election do not favor issuance of |
|
the bonds, the bonds may not be issued. |
|
Sec. 324A.095. REVENUE BONDS. (a) The district may issue |
|
not more than $300,000 in revenue bonds and may issue the bonds only |
|
to provide funds for the initial operation of the district. The |
|
bonds must be approved at an election called under Section |
|
324A.094. |
|
(b) The district may make the bonds payable out of any |
|
revenue of the district. |
|
(c) The bonds must be: |
|
(1) issued in the name of the district; |
|
(2) signed by the county judge of each county in which |
|
the district is located; and |
|
(3) attested by the county clerk and ex officio clerk |
|
of the commissioners court of each county in which the district is |
|
located. |
|
(d) The seal of the commissioners court of each county in |
|
which the district is located must be impressed on the bonds. |
|
(e) The bonds must mature serially or otherwise in not more |
|
than 40 years and may be sold at a price and under terms determined |
|
by the board to be the most advantageous reasonably obtainable. |
|
(f) The resolution authorizing the issuance of the bonds may |
|
contain provisions for redemption of the bonds before their |
|
respective maturity dates at prices and times prescribed in the |
|
resolution. Except for rights of redemption expressly reserved in |
|
the resolution and in the revenue bonds, the bonds are not subject |
|
to redemption before maturity. |
|
(g) The bonds may be made payable at times and at places, |
|
inside or outside the state, prescribed in the resolution. |
|
(h) The bonds may be made registrable as to principal or as |
|
to both principal and interest. |
|
Sec. 324A.096. BOND ANTICIPATION NOTES. (a) If funds are |
|
not available to pay the principal of or interest on bonds issued by |
|
the district or to pay other obligations of the district, the board |
|
may declare an emergency and may issue negotiable bond anticipation |
|
notes to borrow the money needed. The bond anticipation notes may |
|
bear interest at a rate that does not exceed the maximum rate |
|
provided by Chapter 1204, Government Code, and must mature within |
|
one year after their date of issuance. |
|
(b) Bond anticipation notes may also be issued for any |
|
purpose for which bonds of the district have been voted or to refund |
|
previously issued bond anticipation notes. |
|
(c) Bond anticipation notes issued under this section must |
|
be authorized by resolution of the board, subject to approval by the |
|
commissioners courts under Section 324A.047, and must be executed |
|
by the president of the board and attested by the secretary of the |
|
board. |
|
Sec. 324A.097. REFUNDING BONDS. The district may issue |
|
refunding bonds under Chapter 1207, Government Code. |
|
Sec. 324A.098. REPAYMENT OF BONDS THROUGH FEE REVENUE. (a) |
|
This section applies only to fees charged by the district while the |
|
district has outstanding bonds or interest. |
|
(b) The board shall charge or require the payment of fees |
|
while the principal of or interest on district bonds is |
|
outstanding. |
|
(c) The board shall set the fees in amounts that will yield |
|
revenues at least sufficient to pay district expenses, to comply |
|
with the covenants in the bond resolution, and to make payments |
|
prescribed by the bond resolution for debt service. "Debt |
|
service," as defined by the bond resolution, may include the |
|
payment of principal and interest as each matures, the |
|
establishment and maintenance of funds for extensions and |
|
improvements, an operating reserve, and an interest and sinking |
|
fund reserve. |
|
Sec. 324A.099. FINANCIAL STATEMENT; BUDGET. (a) On or |
|
before February 1 of each year, the board shall prepare and file |
|
with the officer responsible for the county budget for each county |
|
in which the district is located a complete financial statement |
|
showing the financial status of the district and the district's |
|
properties, funds, and indebtedness. |
|
(b) The financial statement must be prepared in accordance |
|
with standards adopted by the Governmental Accounting Standards |
|
Board and must show separately all information concerning: |
|
(1) leases, promissory notes, and other indebtedness |
|
of the district; and |
|
(2) fee revenue of the district. |
|
(c) At the time the financial statement is filed, the board |
|
shall file with the commissioners court of each county in which the |
|
district is located a proposed budget of the board's needs for the |
|
next fiscal year. The proposed budget shall include items that: |
|
(1) the board is unable to finance from the district's |
|
revenues; and |
|
(2) the board requests purchase of with funds from |
|
that county. |
|
(d) The officer responsible for the county budget for each |
|
county in which the district is located shall include the |
|
district's proposed budget on the calendar for the next regularly |
|
scheduled meeting of the commissioners court. As part of the |
|
county's tentative budget, the items certified by the board are |
|
subject to state law relating to county budgets. |
|
(e) The county auditor of a county in which the district is |
|
located, after consultation with or notification to the county |
|
auditor of the other county in which the district is located, may |
|
conduct a general audit and issue a financial statement of the |
|
district at times the auditor considers appropriate. |
|
Sec. 324A.100. DISPOSITION OF REVENUE. A district may use |
|
district fee revenue and other revenue for any purpose authorized |
|
by this chapter or other law for the benefit of the district. |
|
SUBCHAPTER F. ANNEXATION; INCORPORATION; DISSOLUTION |
|
Sec. 324A.121. ANNEXATION. (a) The voters of an area that |
|
is contiguous to a district and is in a county election precinct |
|
that borders the San Marcos River may file a petition with the board |
|
to annex the area to the district. |
|
(b) The petition must contain an accurate description of the |
|
area proposed for annexation by reference to county election |
|
precinct boundaries, by metes and bounds, by lot and block number if |
|
there is a recorded map or plat and survey of the area, or by other |
|
sufficient legal description. |
|
(c) The petition must be signed by at least one percent of |
|
the registered voters in the area proposed for annexation. |
|
(d) The board shall give notice of a hearing on the petition |
|
and hold a hearing in the manner prescribed by Section 324A.022 for |
|
a commissioners court hearing. |
|
(e) After holding the hearing, the board may by order annex |
|
the area only if the board finds that the annexation promotes the |
|
purposes for which the district was created. |
|
(f) If the board annexes territory into the district located |
|
in a county other than the counties in which the district was |
|
located on the date of the district's creation, the commissioners |
|
court of the new county is not entitled to appoint members to the |
|
district's board, disapprove board actions, or otherwise |
|
participate in the governance of the district. |
|
Sec. 324A.122. EFFECT OF INCORPORATION OR ANNEXATION. The |
|
incorporation of a political subdivision or the annexation of any |
|
part of a district by a political subdivision does not affect the |
|
district's boundaries. |
|
Sec. 324A.123. DISANNEXATION. (a) The voters of or county |
|
commissioners for any area in a district may file a petition with |
|
the board to disannex the area from the district. |
|
(b) The petition must contain an accurate description of the |
|
area proposed for disannexation by reference to county election |
|
precinct boundaries, by metes and bounds, by lot and block number if |
|
there is a recorded map or plat and survey of the area, or by other |
|
sufficient legal description. |
|
(c) The petition must be signed by at least one percent of |
|
the registered voters in the area proposed for disannexation or by |
|
each county commissioner for the area proposed for disannexation. |
|
(d) The board shall give notice of a hearing on the petition |
|
and hold a hearing in the manner prescribed by Section 324A.022 for |
|
a commissioners court hearing. |
|
(e) The board may grant the petition and by order disannex |
|
the territory if the board finds that: |
|
(1) the petition meets the requirements of this |
|
section; |
|
(2) the district's projected revenue from all sources, |
|
except from the area proposed for disannexation, is sufficient to |
|
pay the district's outstanding debts; and |
|
(3) the disannexation is in the district's best |
|
interests. |
|
(f) Except as provided by Section 324A.125(d), if the Parks |
|
and Wildlife Department creates a state park that includes |
|
territory in the district, the board shall by order disannex the |
|
overlapping territory from the district. |
|
(g) The disannexation takes effect on the date stated by the |
|
order or, if the order does not state a date, on the date the order |
|
is issued. |
|
Sec. 324A.124. DISSOLUTION OF DISTRICT BY COMMISSIONERS |
|
COURTS. (a) The commissioners courts of each county in which the |
|
district is located by joint order may dissolve the district. The |
|
order may be adopted: |
|
(1) on a motion by a commissioners court; or |
|
(2) after the filing of a written petition with each |
|
county in which the district is located signed by a number of the |
|
registered voters who reside in the district equal to at least 10 |
|
percent of the votes received in the district in the most recent |
|
gubernatorial general election. |
|
(b) Each commissioners court that receives a petition shall |
|
give notice of a hearing on the petition or motion and hold a |
|
hearing in the manner prescribed by Section 324A.022. |
|
(c) The commissioners courts shall jointly grant a petition |
|
and order the dissolution of the district if the courts find that |
|
the petition, if any, meets the requirements of this section and |
|
that the dissolution is in the best interests of the counties. |
|
Sec. 324A.125. DISSOLUTION OF DISTRICT BY BOARD. (a) The |
|
board may by order dissolve the district. The order may be adopted: |
|
(1) on the board's own motion; or |
|
(2) after the filing of a written petition signed by a |
|
number of the registered voters who reside in the district equal to |
|
at least 10 percent of the votes received in the district in the |
|
most recent gubernatorial general election. |
|
(b) The board shall give notice of a hearing on the petition |
|
or motion and hold a hearing in the manner prescribed by Section |
|
324A.022 for a commissioners court hearing. |
|
(c) After the hearing, the board shall order the dissolution |
|
of the district if the board finds that the petition, if any, meets |
|
the requirements of this section and that the dissolution is in the |
|
best interests of the counties in which the district is located. |
|
(d) The board shall by order dissolve the district if the |
|
Parks and Wildlife Department creates a state park that includes: |
|
(1) all of the district's territory located in one of |
|
the counties in which the district is located; or |
|
(2) all of the district's territory. |
|
Sec. 324A.126. DISPOSITION OR TRANSFER OF DISTRICT ASSETS |
|
AND DEBTS. (a) If the district is dissolved, the board shall: |
|
(1) transfer the assets of the district to both of the |
|
counties in which the district is located; or |
|
(2) administer the assets and debts until all money |
|
has been disposed of and all district debts have been paid or |
|
settled. |
|
(b) If the district makes the transfer under Subsection |
|
(a)(1), the receiving counties assume the debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. |
|
(c) If Subsection (a)(1) does not apply and the board |
|
administers the assets and debts of the district under Subsection |
|
(a)(2), the district is dissolved when all money has been disposed |
|
of and all district debts have been paid or settled. |
|
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
|
Sec. 324A.901. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED |
|
RECREATIONAL EQUIPMENT. (a) This section applies only to the |
|
rental of water-oriented recreational equipment in a district. |
|
(b) A person may rent water-oriented recreational equipment |
|
only if each person who will use the equipment is listed on a |
|
written agreement for the rental of that equipment. |
|
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, 2015. |