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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and operation of a park and recreation |
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district in counties that share a border on the San Marcos River and |
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to the authority of the district to collect fees and issue bonds; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Local Government Code, is |
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amended by adding Chapter 324A to read as follows: |
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CHAPTER 324A. PARK AND RECREATION DISTRICTS IN CERTAIN COUNTIES ON |
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SAN MARCOS RIVER |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 324A.001. ELIGIBLE COUNTIES AND TERRITORY; PURPOSE. |
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(a) Two counties that share a border on the San Marcos River may |
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create a district as provided by this chapter in all or part of the |
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counties to: |
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(1) conserve the natural resources in the district; |
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and |
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(2) improve the public health, safety, and welfare in |
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the district. |
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(b) The territory of a district created under this chapter |
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must include all of at least one county election precinct on each |
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side of the San Marcos River, except that the district territory |
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must exclude all territory located in a state park. |
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Sec. 324A.002. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of a park and |
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recreation district created under this chapter. |
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(2) "District" means a park and recreation district |
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created under this chapter. |
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(3) "Eligible county" means a county described by |
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Section 324A.001. |
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(4) "Fee" includes a toll or any other charge. |
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SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT |
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Sec. 324A.021. CREATION ELECTIONS REQUIRED. A district may |
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be created under this chapter only if: |
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(1) the commissioners court of each eligible county in |
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which the proposed district will be located: |
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(A) receives a written petition for the creation |
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of the district that: |
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(i) is signed by a number of the registered |
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voters who reside in the county equal to at least five percent of |
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the votes received in the county in the most recent gubernatorial |
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general election; and |
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(ii) includes an accurate description of |
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the territory to be included in the district by reference to county |
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election precinct boundaries, by metes and bounds, by lot and block |
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number if there is a recorded map or plat and survey of the area, or |
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by other sufficient legal description; or |
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(B) passes a motion favoring creation of the |
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district that includes an accurate description of the territory to |
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be included in the district by reference to county election |
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precinct boundaries, by metes and bounds, by lot and block number if |
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there is a recorded map or plat and survey of the area, or by other |
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sufficient legal description; |
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(2) the commissioners court of each county in which |
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the proposed district will be located approves the creation of the |
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district after a public hearing held to consider the creation of the |
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district; and |
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(3) the creation of the district is approved by the |
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voters as provided by Section 324A.024. |
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Sec. 324A.022. HEARING. (a) A commissioners court of an |
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eligible county that receives a petition or passes a motion under |
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Section 324A.021 shall hold a hearing on the creation of the |
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district. |
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(b) The commissioners court shall set a date for the hearing |
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that is after the 20th day but on or before the 40th day after the |
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date the petition is received or the passage of the motion, as |
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applicable, under Section 324A.021. |
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(c) The commissioners court shall publish in a newspaper of |
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general circulation in the county notice of the petition or motion |
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and the hearing date. |
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(d) The notice must be published at least once each week for |
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a period of two weeks before the hearing date. |
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(e) At the hearing, the commissioners court shall hear all |
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arguments for and against the creation of the district and shall |
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take evidence as in civil cases in the county court. |
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(f) The hearing may be adjourned from time to time on good |
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cause shown. |
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Sec. 324A.023. ORDER OF ELECTION. (a) After holding a |
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hearing under Section 324A.022, the commissioners court may approve |
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the creation of the district and order an election on the issue of |
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the creation of the district only if the court finds that: |
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(1) the petition, if any, was signed by the required |
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number of registered voters in the county; |
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(2) the district will serve the purposes prescribed by |
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Section 324A.001; and |
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(3) the territory of the proposed district includes at |
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least one county election precinct in an eligible county on each |
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side of the San Marcos River. |
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(b) The commissioners court's election order must provide |
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for the voters of the territory of the proposed district who reside |
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in the county to vote for or against a proposition to approve the |
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creation of the district. |
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(c) A commissioners court that orders an election under this |
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section shall notify the commissioners court of the other eligible |
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county in which the proposed district will be located of the order. |
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Sec. 324A.024. ELECTION; RESULT. (a) The election must be |
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held on the date of the first regularly scheduled countywide |
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election that follows the date of the order of the election and for |
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which there is sufficient time to comply with other requirements of |
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law. |
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(b) The commissioners courts of the counties in which the |
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proposed district will be located are not required to hold their |
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respective creation elections on the same day. |
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(c) The returns on the election shall be certified and the |
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results declared in the same manner as provided for other county |
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elections, except as provided by this section. |
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(d) A commissioners court that holds an election under this |
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section shall notify the commissioners court of the other county in |
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which the district is proposed to be located of the results of the |
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election, including the number of voters who voted for the |
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proposition and the number of voters who voted against the |
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proposition. |
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(e) After an election is held in the proposed district |
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territory of each eligible county, the commissioners court of each |
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county shall determine whether the majority of the voters of the |
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proposed district territory in that county voting in the election |
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voted for or against the proposition to approve the creation of the |
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district. The county commissioners courts jointly shall declare |
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the district created if a majority of the voters who voted in each |
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county voted for the proposition. Each commissioners court shall |
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enter in the court's minutes at the court's next meeting that the |
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voters of the county approved or did not approve the creation of the |
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district. |
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Sec. 324A.025. COSTS OF CREATION AND ORGANIZATION. (a) The |
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costs necessarily incurred in the creation and organization of the |
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district may be paid from the district's revenue from any source. |
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(b) The district may borrow money on terms and conditions |
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determined by the board to pay costs incurred in the creation and |
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organization of the district. |
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SUBCHAPTER C. BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT |
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Sec. 324A.041. APPOINTMENT OF BOARD MEMBERS; TERMS. (a) A |
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district is governed by a board composed of seven members. |
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(b) The commissioners court of each county in which the |
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district is located shall appoint three members of the board. |
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(c) A municipality in the district may nominate a candidate |
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for the seventh board member position. The six board members |
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appointed under Subsection (b) shall appoint a seventh board member |
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from among the nominations or, if the board receives no |
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nominations, shall appoint a seventh board member. |
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(d) A commissioners court shall file with the county clerk |
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of each county in which the district is located a certificate of the |
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appointment of each board member appointed by the court. The board |
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shall file with the county clerk of each county in which the |
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district is located a certificate of the appointment of each board |
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member appointed by the board. A certificate is conclusive |
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evidence of the proper appointment of the board member. |
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(e) Before appointing a board member who succeeds an initial |
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board member, the commissioners court of a county shall request |
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from the district a report on the board members serving at that |
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time, which must include each member's qualifications to serve on |
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the board, occupation, and residence and any relevant demographic |
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information. The district shall submit the report in a timely |
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manner. |
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(f) Three members of the initial board serve one-year terms |
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and four members serve two-year terms. The members shall draw lots |
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to determine which members serve the one-year terms. Thereafter, |
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each board member is appointed for a term of two years from the date |
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of the board member's appointment. |
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(g) A board member may not serve more than four consecutive |
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full terms. |
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Sec. 324A.042. QUALIFICATIONS. (a) A board member must: |
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(1) be a citizen of the United States; and |
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(2) reside in a county in which the district is |
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located. |
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(b) A board member may not be an officer or employee of a |
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county in which the district is located or of a municipality in the |
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district. |
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(c) At least four board members must reside, own property, |
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or own a business in the district. |
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(d) Not more than three board members may be owners, |
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operators, or employees of businesses that provide as their main |
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business the same specific good or service. |
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Sec. 324A.043. VACANCIES. A vacancy that occurs on the |
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board shall be filled for the unexpired term by appointment in the |
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manner in which the vacating board member was appointed. |
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Sec. 324A.044. OATH AND BOND. (a) Not later than the 30th |
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day after the date a board member is appointed, the member must |
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qualify by taking the official oath and by filing a good and |
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sufficient bond with the district. |
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(b) The bond must be: |
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(1) payable to the district; |
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(2) payable in an amount prescribed by the district of |
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$5,000 or more; and |
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(3) conditioned that the board member will faithfully |
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perform the duties of a board member, including the proper handling |
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of all money that comes into the board member's hands in the board |
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member's official capacity. |
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Sec. 324A.045. COMPENSATION AND REIMBURSEMENT. A board |
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member is not entitled to compensation but is entitled to |
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reimbursement for necessary expenses, including travel expenses, |
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incurred in performing the duties of a board member. A board |
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member's reimbursement for necessary expenses in excess of $250 |
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must be approved by the board. A board member's approved expense |
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account shall be paid in due time by the board's check or warrant. |
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Sec. 324A.046. QUORUM; MAJORITY VOTE. (a) Four board |
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members constitute a quorum of the board. |
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(b) An affirmative vote of four members is required for |
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board action. |
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Sec. 324A.047. APPROVAL OF COMMISSIONERS COURT. (a) The |
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board is subject to the supervision of the commissioners courts of |
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the counties in which the district is located in the exercise of all |
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the board's rights, powers, and privileges and in the performance |
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of the board's duties. |
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(b) Not later than the 30th day after the date the board |
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acts, the commissioners courts may approve or disapprove the |
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board's action. If one of the courts disapproves the act, the act |
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is ineffective. Otherwise, the act becomes effective on the |
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earlier of the date each commissioners court approves the act or the |
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31st day after the date the board acted. |
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Sec. 324A.048. ORGANIZATION; MEETINGS. (a) Annually, the |
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board shall elect a president, a vice president, a secretary, and a |
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treasurer. |
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(b) The offices of secretary and treasurer may be held by |
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the same person. If either the secretary or the treasurer is absent |
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or unavailable, the president may appoint another board member to |
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act for and perform the duties of the absent or unavailable officer. |
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(c) The board shall set times for and hold regular meetings. |
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On the request of two or more board members, the board may hold a |
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special meeting at other times as necessary. |
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(d) The board shall hold meetings at a public place in a |
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county in which the district is located. |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 324A.061. DEPOSITORIES AND DISBURSEMENTS. (a) Money |
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and other funds belonging to or under control of the board are |
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public funds. |
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(b) The board shall select depositories for the money. |
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(c) A warrant or check for the withdrawal of money must be |
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signed by two persons authorized to sign a warrant or check by |
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resolution entered in the board's minutes. |
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Sec. 324A.062. ADMINISTRATION. (a) The board may employ a |
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manager and a secretary. |
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(b) The board shall determine the qualifications and set the |
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duties of employees. |
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(c) The board may call on the county attorney, district |
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attorney, or criminal district attorney of a county in which the |
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district is located for legal services the board requires. The |
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board may contract for and compensate the board's own legal staff. |
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(d) The district may maintain and operate an office. |
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(e) The board may acquire insurance for the district. |
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Sec. 324A.063. SEAL. The board shall adopt a seal to place |
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on each lease, deed, or other instrument usually executed under |
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seal and on other instruments as the board requires. |
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Sec. 324A.064. CONTRACTS. (a) The board may enter into |
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any contract that the board considers necessary or convenient to |
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carry out the purposes and powers granted by this chapter. |
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(b) If the contract is for an amount less than or equal to |
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$25,000, the board may enter into the contract without |
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advertisement. If the contract is for more than that amount, the |
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contract is subject to the bidding provisions applicable to county |
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contracts. |
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(c) To be effective, a contract must be: |
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(1) approved by board resolution; |
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(2) executed by the president or vice president; and |
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(3) attested by the secretary or treasurer. |
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Sec. 324A.065. SUITS. The board may sue and be sued in the |
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board's own name. |
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Sec. 324A.066. GENERAL DISTRICT POWERS. The district has |
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all powers necessary to accomplish the purposes for which the |
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district was created. |
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Sec. 324A.067. DISTRICT RULES AND ORDINANCES; CRIMINAL |
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PENALTY. (a) The board may adopt reasonable rules and ordinances |
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applicable to: |
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(1) the administration, enforcement, and collection |
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of district fees and the issuance, suspension, and cancellation of |
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revenue permits; |
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(2) noise abatement in the district; |
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(3) traffic control in the district; |
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(4) littering and litter abatement on public water in |
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the district, including the possession and disposition of glass |
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containers; |
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(5) activities that endanger the health, safety, or |
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welfare of persons or property on public water in the district, |
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subject to the public's paramount right to navigate inland water; |
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and |
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(6) conservation of the district's natural resources |
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and regulation of activities affecting the district's natural |
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resources. |
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(b) The district may not adopt a rule or ordinance that |
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would prevent a reasonably prudent person from operating a business |
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that the person operated immediately before the rule or ordinance |
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was adopted. |
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(c) A person who violates a rule or ordinance adopted under |
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this section commits an offense. An offense under this subsection |
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is a Class C misdemeanor. |
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Sec. 324A.068. ENFORCEMENT. (a) A police officer, |
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constable, sheriff, or other law enforcement officer with |
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jurisdiction in a county in which the district is located may arrest |
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a person who violates a district rule or ordinance, including a |
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revenue permit requirement, in the officer's, constable's, or |
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sheriff's county and carry out the prosecution of that person in the |
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proper court. |
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(b) The district may contract for or employ its own peace |
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officers with power to make arrests when necessary to prevent or |
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abate the commission of any offense against the rules or ordinances |
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of the district. |
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(c) A peace officer contracted for by the district, |
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individually or through a county, sheriff, constable, or |
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municipality, is an independent contractor, and the district is |
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responsible for the acts or omissions of the peace officer only to |
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the extent provided by law for other independent contractors. |
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(d) A law enforcement agency operating under a district |
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contract shall submit to the district a monthly report that |
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includes: |
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(1) the number of citations issued and arrests made by |
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the peace officers of the agency in the district; and |
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(2) the types of violations for which the citations |
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were issued and arrests made. |
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(e) The county attorney, district attorney, or criminal |
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district attorney of a county in which the district is located, or |
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an attorney retained by the board for this purpose, may bring an |
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action to enjoin a violation of a district rule or ordinance, and if |
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the board authorizes, may seek damages and attorney's fees based on |
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the violation, if the violation involves: |
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(1) the providing or offering of a rental or service |
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for which collection of a fee is required under Section 324A.092; |
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(2) the failure of a revenue permit holder to remit a |
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fee imposed under Section 324A.092 if the fee has been due for more |
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than 60 days; or |
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(3) the violation by a revenue permit holder of a |
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district rule or ordinance relating to an activity that endangers |
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the health, safety, or welfare of a person or property in the |
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district. |
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Sec. 324A.069. DISPOSITION OF FINES. (a) A justice of the |
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peace, a clerk of any court, or any other officer of this state |
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receiving any fine imposed by a court on a person who was issued a |
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citation or arrested for a violation by a peace officer operating |
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under a contract with the district at the time of the violation |
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shall: |
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(1) send 75 percent of the fine to the district and 25 |
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percent of the fine to the county in which the court is located; and |
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(2) note the docket number of the case, the name of the |
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person fined, and the law, rule, or ordinance violated. |
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(b) All costs of the court shall be retained by the court and |
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deposited as other fees in the proper fund. |
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Sec. 324A.070. BOND. If the board brings an action to |
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enforce this subchapter or enjoin a violation of a district rule or |
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ordinance adopted under this subchapter, the board is not required |
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to post a bond. |
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Sec. 324A.071. FIRE AND MEDICAL SERVICES. The district may |
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provide for fire protection and emergency medical services in the |
|
district. |
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Sec. 324A.072. WATER QUALITY; WASTE DISPOSAL. The district |
|
may conduct a program to improve water quality, sanitary |
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conditions, or waste disposal in the district, including a program |
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to provide trash bags to patrons of revenue permit holders. |
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Sec. 324A.073. CUSTOMER IDENTIFICATION. (a) The district |
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may require revenue permit holders to: |
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(1) ask customers to provide a driver's license, |
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personal identification certificate, military identification card, |
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or passport for the purpose of identifying customers who are 21 |
|
years of age or older; and |
|
(2) provide wristbands or another method of |
|
identification to customers who are 21 years of age or older. |
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(b) If the district imposes identification requirements |
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under Subsection (a): |
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(1) the district may not require a revenue permit |
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holder to hold a permit required by the Alcoholic Beverage Code; |
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(2) a revenue permit holder is not responsible for |
|
determining whether identification presented by a customer is |
|
valid; and |
|
(3) a revenue permit holder is not liable in a suit for |
|
damages for negligent performance or nonperformance of the |
|
requirements. |
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(c) The district may require revenue permit holders to |
|
ensure that each person who will use water-oriented recreational |
|
equipment rented from the permit holder is listed on a written |
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agreement for the rental of that equipment. |
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(d) A violation of a requirement adopted under this section |
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is not an offense. |
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Sec. 324A.074. 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 |
|
private or public corporation, or any other person; or |
|
(2) accept donations of money or other personal |
|
property. |
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Sec. 324A.075. 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. |
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Sec. 324A.076. CONTRIBUTIONS FOR ROADS. If the board has |
|
excess revenue, the board may make a contribution from the excess |
|
revenue to the general fund of a county in which the district is |
|
located or to the general fund of a municipality for the purposes of |
|
construction, improvement, or maintenance of a road that leads to |
|
or is in the district. |
|
Sec. 324A.077. NO PROMOTION. The district may not promote |
|
or advertise for a specific recreational river activity. |
|
Sec. 324A.078. 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. The district may |
|
not impose a fee other than a fee described by this section. |
|
(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 $4 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 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 pursue any 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) A revenue permit holder shall: |
|
(1) maintain records of fee receipts, monthly gross |
|
income from fees collected, and written rental agreements for at |
|
least five years after the date of the associated transaction; and |
|
(2) allow the district to inspect the records. |
|
(k) A revenue permit holder's records are subject to |
|
inspection and audit by the district or a certified public |
|
accountant representing the district. |
|
(l) The board may suspend, revoke, or cancel a revenue |
|
permit if the board finds that the permit holder has violated this |
|
chapter, a district rule or ordinance, or a district requirement |
|
adopted under this chapter. |
|
(m) 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; or |
|
(2) a state park. |
|
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) 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 make |
|
revenue bonds payable out of any revenue of the district. |
|
(b) 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. |
|
(c) The seal of the commissioners court of each county in |
|
which the district is located must be impressed on the bonds. |
|
(d) 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. |
|
(e) 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. |
|
(f) The bonds may be made payable at times and at places, |
|
inside or outside the state, prescribed in the resolution. |
|
(g) 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 DEBT THROUGH FEE REVENUE. |
|
(a) This section applies only to fees charged by the district |
|
while the district has outstanding loans, bonds, or interest. |
|
(b) The board shall charge or require the payment of fees |
|
authorized by Section 324A.092 while the principal of or interest |
|
on district bonds is outstanding. |
|
(c) Subject to the maximum fee amount prescribed by Section |
|
324A.092(b), 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. INCORPORATION; ANNEXATION; DISSOLUTION |
|
Sec. 324A.121. 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.122. 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 five 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.124(d), if a state |
|
park is created 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.123. 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.124. 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 a |
|
state park is created 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.125. DISPOSITION OF DISTRICT ASSETS AND DEBTS. |
|
(a) If the district is dissolved, the board shall administer the |
|
assets and debts, and charge fees as provided by Section 324A.098, |
|
until all money has been disposed of and all district debts have |
|
been paid or settled. |
|
(b) The district is dissolved when all money has been |
|
disposed of and all district debts have been paid or settled. |
|
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, 2017. |