Texas 2013 - 83rd Regular

Texas Senate Bill SB280 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 280
2	2	(Kleinschmidt)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and operation of a park and recreation
8	8	district in a county with frontage on the San Marcos River and to
9	9	the authority of the district to collect fees; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 10, Local Government Code, is
12	12	amended by adding Chapter 324A to read as follows:
13	13	CHAPTER 324A. PARK AND RECREATION DISTRICTS IN COUNTIES WITH
14	14	FRONTAGE ON SAN MARCOS RIVER
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 324A.001. ELIGIBLE COUNTIES. In a county that has
17	17	river frontage on the San Marcos River and a population of more than
18	18	35,000 but not more than 100,000, a district may be created for all
19	19	or part of the unincorporated area in the county to:
20	20	(1) improve, equip, maintain, finance, and operate any
21	21	public park located in the district and owned or leased by the
22	22	county;
23	23	(2) conserve the natural resources in the district;
24	24	and
25	25	(3) improve the public health, safety, and welfare in
26	26	the district.
27	27	Sec. 324A.002. DEFINITIONS. In this chapter:
28	28	(1) "Board" means the board of directors of a park and
29	29	recreation district.
30	30	(2) "District" means a park and recreation district
31	31	created under this chapter.
32	32	(3) "District facility" includes any facility, land,
33	33	or improvement to land, whether permanent or temporary, that is
34	34	owned, leased, or acquired by the district.
35	35	(4) "Fee" includes a toll or any other charge.
36	36	(5) "Recreational vehicle" has the meaning assigned by
37	37	Section 522.004(b), Transportation Code.
38	38	(6) "Recreational vehicle park" means property on
39	39	which utility service connections are made for recreational vehicle
40	40	transient guest use and for which fees are paid at intervals of one
41	41	day or longer.
42	42	SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT
43	43	Sec. 324A.021. ORDER OF ELECTION. (a) The commissioners
44	44	court of the county may order an election on the issue of the
45	45	creation of a district:
46	46	(1) on the commissioners court's own motion; or
47	47	(2) after the filing of a written petition signed by a
48	48	number of the registered voters who reside in the county equal to at
49	49	least five percent of the votes received in the county in the most
50	50	recent gubernatorial general election.
51	51	(b) The petition or commissioners court's motion must
52	52	include:
53	53	(1) the name of the proposed district;
54	54	(2) an accurate description of the area to be included
55	55	in the district by metes and bounds and by public roads or
56	56	rights-of-way; and
57	57	(3) an accurate plat of the area to be included in the
58	58	district.
59	59	Sec. 324A.022. NOTICE OF HEARING. (a) After the filing of
60	60	the petition, the commissioners court shall set a date for a hearing
61	61	on the petition that is after the 20th day but on or before the 40th
62	62	day after the date the petition is filed.
63	63	(b) The commissioners court shall publish notice of the
64	64	petition and the hearing date in a newspaper of general circulation
65	65	in the county.
66	66	(c) The notice must be published once each week for a period
67	67	of two weeks before the hearing date.
68	68	Sec. 324A.023. HEARING. (a) At the hearing, evidence
69	69	shall be taken as in civil cases in the county court. The
70	70	commissioners court shall hear all arguments for and against the
71	71	creation of the district.
72	72	(b) The hearing may be adjourned from time to time on good
73	73	cause shown.
74	74	(c) The commissioners court shall grant the petition and
75	75	order the election on the issue of the creation of the district if
76	76	the court finds that:
77	77	(1) the petition is signed by the required number of
78	78	registered voters in the county;
79	79	(2) the district will serve the purposes prescribed by
80	80	Section 324A.001; and
81	81	(3) the district does not include any incorporated
82	82	area.
83	83	Sec. 324A.024. CREATION ELECTION. (a) The election shall
84	84	be held on the date of the first regularly scheduled countywide
85	85	election that follows the date of the order of the election and for
86	86	which there is sufficient time to comply with other requirements of
87	87	law.
88	88	(b) The returns on the election shall be certified and the
89	89	results declared in the same manner as provided for other county
90	90	elections. If a majority of the votes received on the issue favor
91	91	creation of the district, the commissioners court shall declare the
92	92	district created and shall enter the results in the commissioners
93	93	court's minutes at the commissioners court's next regularly
94	94	scheduled meeting.
95	95	Sec. 324A.025. COSTS OF CREATION AND ORGANIZATION. The
96	96	costs necessarily incurred in the creation and organization of the
97	97	district may be paid from the district's revenue from any source.
98	98	SUBCHAPTER C. BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT
99	99	Sec. 324A.041. COMPOSITION AND APPOINTMENT OF BOARD.
100	100	(a) A district is governed by a board composed of seven members.
101	101	(b) The commissioners court shall appoint the members of the
102	102	board.
103	103	(c) A board member must be a citizen of the United States and
104	104	must reside in the county. Four of the board members must reside,
105	105	own property, or own a business in the district. One board member
106	106	must live outside the district.
107	107	(d) A board member may not be an officer or employee of the
108	108	county in which the district is created or of a municipality in that
109	109	county.
110	110	(e) Three members of the initial board serve one-year terms
111	111	and four members serve two-year terms. The members shall draw lots
112	112	to determine who serves the one-year terms. Thereafter, each
113	113	director is appointed for a term of two years from the date of the
114	114	director's appointment.
115	115	(f) If a vacancy occurs on the board, the commissioners
116	116	court shall appoint a person to fill the vacancy for the unexpired
117	117	term.
118	118	(g) The commissioners court shall file a certificate of the
119	119	appointment of each board member with the county clerk. The
120	120	certificate is conclusive evidence of the proper appointment of the
121	121	board member.
122	122	(h) A board member may not serve more than four consecutive
123	123	full terms.
124	124	Sec. 324A.042. OATH AND BOND. (a) Not later than the 30th
125	125	day after the date a board member is appointed, the member must
126	126	qualify by taking the official oath and by filing a good and
127	127	sufficient bond with the county clerk.
128	128	(b) The bond must be:
129	129	(1) payable to the order of the commissioners court;
130	130	(2) payable in an amount prescribed by the
131	131	commissioners court of $5,000 or more; and
132	132	(3) conditioned that the board member will faithfully
133	133	perform the duties of a board member, including the proper handling
134	134	of all money that comes into the board member's hands in the board
135	135	member's official capacity.
136	136	Sec. 324A.043. COMPENSATION AND REIMBURSEMENT. A board
137	137	member is not entitled to compensation but is entitled to
138	138	reimbursement for necessary expenses, including travel expenses,
139	139	incurred in performing the duties of a board member. A board
140	140	member's reimbursement for necessary expenses in excess of $250
141	141	must be approved by the commissioners court. A board member's
142	142	approved expense account shall be paid in due time by the board's
143	143	check or warrant.
144	144	Sec. 324A.044. QUORUM; MAJORITY VOTE. Four board members
145	145	constitute a quorum of the board. The board may act on the majority
146	146	of the vote of the assembled quorum.
147	147	Sec. 324A.045. APPROVAL OF COMMISSIONERS COURT. (a) The
148	148	board is subject to the supervision of the commissioners court in
149	149	the exercise of all the board's rights, powers, and privileges and
150	150	in the performance of the board's duties.
151	151	(b) Not later than the 30th day after the date the board
152	152	acts, the commissioners court may approve or disapprove the board's
153	153	action. If the court disapproves the act, the act is ineffective.
154	154	Otherwise, the act becomes effective on the earlier of the date the
155	155	commissioners court approves the act or the 31st day after the date
156	156	the board acted.
157	157	Sec. 324A.046. ORGANIZATION; MEETINGS. (a) Annually, the
158	158	board shall elect a president, a vice president, a secretary, and a
159	159	treasurer, except that the first president shall be designated by
160	160	the commissioners court at the time of the appointment of the first
161	161	board.
162	162	(b) The offices of secretary and treasurer may be held by
163	163	the same person. If either the secretary or the treasurer is absent
164	164	or unavailable, the president may appoint another board member to
165	165	act for and perform the duties of the absent or unavailable officer.
166	166	(c) The board shall set times for and hold regular meetings.
167	167	On the request of two or more board members, the board may hold a
168	168	special meeting at other times as necessary.
169	169	(d) The board shall hold meetings at a public place in a
170	170	county in which at least part of the district is located.
171	171	SUBCHAPTER D. POWERS AND DUTIES
172	172	Sec. 324A.061. DEPOSITORIES AND DISBURSEMENTS. (a) Money
173	173	and other funds belonging to or under control of the board are
174	174	public funds.
175	175	(b) The board shall select depositories for the money.
176	176	(c) A warrant or check for the withdrawal of money must be
177	177	signed by two persons authorized to sign a warrant or check by
178	178	resolution entered in the board's minutes.
179	179	Sec. 324A.062. PERSONNEL. (a) The board may employ a
180	180	manager, secretary, stenographer, bookkeeper, accountant, and
181	181	technical expert and any other support personnel or agent the board
182	182	considers necessary.
183	183	(b) The board shall determine the qualifications and set the
184	184	duties of employees.
185	185	(c) The board may call on the county attorney, district
186	186	attorney, or criminal district attorney for the legal services the
187	187	board requires. The board may contract for and compensate the
188	188	board's own legal staff.
189	189	Sec. 324A.063. SEAL. The board shall adopt a seal to place
190	190	on each lease, deed, or other instrument usually executed under
191	191	seal and on other instruments as the board requires.
192	192	Sec. 324A.064. CONTRACTS. (a) The board may enter into
193	193	any contract that the board considers necessary or convenient to
194	194	carry out the purposes and powers granted by this chapter,
195	195	including a lease or other contract connected with, incident to, or
196	196	affecting the acquisition, financing, construction, equipment,
197	197	maintenance, renovation, repair, improvement, or operation of real
198	198	property or facilities.
199	199	(b) If the contract is for an amount less than or equal to
200	200	the amount prescribed by Section 262.023, the board may enter into
201	201	the contract without advertisement. If the contract is for more
202	202	than that amount, the contract is subject to the bidding provisions
203	203	applicable to county contracts.
204	204	(c) To be effective, a contract must be:
205	205	(1) approved by board resolution;
206	206	(2) executed by the president or vice president; and
207	207	(3) attested by the secretary or treasurer.
208	208	Sec. 324A.065. SUITS. The board may sue and be sued in the
209	209	board's own name.
210	210	Sec. 324A.066. DISTRICT RULES AND ORDINANCES; CRIMINAL
211	211	PENALTY; CIVIL ENFORCEMENT. (a) The board may adopt reasonable
212	212	rules and ordinances applicable to:
213	213	(1) the administration, enforcement, and collection
214	214	of district fees and the issuance, suspension, and cancellation of
215	215	revenue permits;
216	216	(2) littering and litter abatement on public water in
217	217	the district, including the possession and disposition of plastic
218	218	containers of not more than two ounces and glass containers;
219	219	(3) activities that endanger the health and safety of
220	220	persons or property on public water in the district, subject to the
221	221	public's paramount right to navigate inland water; and
222	222	(4) tenants, business privileges, concessionaires,
223	223	users, and activities affecting district property and facilities,
224	224	including hunting, fishing, boating, camping, tubing, swimming,
225	225	and conservation of natural resources.
226	226	(b) The board may not prohibit the possession of 12-ounce
227	227	aluminum cans.
228	228	(c) A police officer, constable, sheriff, or other law
229	229	enforcement officer with jurisdiction in the county may arrest
230	230	persons violating board rules or ordinances and carry out the
231	231	prosecution of those persons in the proper court.
232	232	(d) A person who violates a rule or ordinance adopted under
233	233	this section commits an offense. An offense under this subsection
234	234	is a Class C misdemeanor punishable by:
235	235	(1) a fine not to exceed $500 for a violation of a rule
236	236	or ordinance not described by Subsection (a)(2); and
237	237	(2) a fine not to exceed $1,000 for a violation of a
238	238	rule or ordinance described by Subsection (a)(2).
239	239	(e) The county attorney, the district attorney, the
240	240	criminal district attorney, or an attorney retained by the board
241	241	for this purpose may bring an action to enjoin a violation of board
242	242	rules or ordinances and, if the board authorizes, may seek damages
243	243	and attorney's fees based on the violation, if the violation
244	244	involves:
245	245	(1) the providing or offering of a service or the use
246	246	or rental of a facility or an item for remuneration by a person who
247	247	does not hold a revenue permit issued by the district or for which
248	248	collection of a fee is required;
249	249	(2) the failure of a revenue permit holder to remit a
250	250	fee imposed if the fee has been due for more than 60 days; or
251	251	(3) the violation by a revenue permit holder of a
252	252	district rule or ordinance relating to an activity that endangers
253	253	the health or safety of a person or property in the district.
254	254	Sec. 324A.067. BOND. If the board brings an action to
255	255	enforce this subchapter or enjoin a violation of a rule or ordinance
256	256	adopted by the board under this subchapter, the board is not
257	257	required to post a bond.
258	258	Sec. 324A.068. POWER TO ACQUIRE PROPERTY. (a) For the
259	259	conservation of the natural resources of the county, the board may
260	260	acquire land in the county, in or outside the district, including a
261	261	stream, a lake, submerged land, and swampland, to create parks. The
262	262	board may develop, improve, protect, and promote the land in a
263	263	manner the board considers conducive to the general welfare.
264	264	(b) The land may be acquired by:
265	265	(1) gift or devise;
266	266	(2) lump-sum payment; or
267	267	(3) installment payments with or without option to
268	268	purchase.
269	269	(c) The district does not have the power of eminent domain.
270	270	(d) The commissioners court by eminent domain may not
271	271	acquire land for park purposes after August 31, 2013, and
272	272	subsequently transfer by any means the land or control of the land
273	273	to the board for park purposes or other purposes. If the
274	274	commissioners court by eminent domain acquires land for purposes
275	275	other than park purposes after August 31, 2013, the court may not
276	276	transfer by any means the land or control of the land to the board
277	277	for park purposes or other purposes before the 10th anniversary of
278	278	the date the court acquired the land.
279	279	Sec. 324A.069. SALE OR LEASE OF LANDS. (a) If the board
280	280	determines that any land owned by the district is not necessary for
281	281	the purposes for which the land was acquired, the board may sell and
282	282	dispose of the land on terms the board considers advisable.
283	283	(b) The board may lease or permit the use of land for
284	284	purposes consistent with the purposes for which the land was
285	285	acquired and on terms the board considers advisable.
286	286	(c) Before land owned by the district may be sold, once a
287	287	week for four consecutive weeks in a newspaper of general
288	288	circulation in the county, the board must publish a notice of the
289	289	board's intention to sell the land. The notice must include an
290	290	accurate description of the land, the time of a public hearing that
291	291	is not later than the 10th day before the disposition date, and the
292	292	time and place at which sealed bids will be received.
293	293	Sec. 324A.070. GRANTS AND GRATUITIES. To promote,
294	294	establish, or accomplish a purpose of this chapter, the board may:
295	295	(1) accept grants and gratuities in any form from any
296	296	source, including the United States government, this state, any
297	297	state or federal agency, any private or public corporation, or any
298	298	other person;
299	299	(2) accept donations of money or other property; and
300	300	(3) act as trustee of land, money, or other property.
301	301	Sec. 324A.071. COOPERATION WITH OTHER PUBLIC AUTHORITIES.
302	302	Under an agreement with a public authority in control of parkland in
303	303	the county, the district may assume control of all or part of the
304	304	parkland in the district or contiguous to the district or may
305	305	contract or cooperate with the public authority in connection with
306	306	the use, development, improvement, and protection of the parkland.
307	307	Sec. 324A.072. IMPROVEMENT OF PUBLIC HIGHWAY. The board
308	308	may enter into an agreement with a public authority in control of a
309	309	highway in a park area or connecting two or more park areas to make
310	310	alterations in the route or width of the highway or to grade, drain,
311	311	pave, or otherwise improve the highway.
312	312	Sec. 324A.073. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL
313	313	BUDGET; FILING. (a) The board shall develop and approve a
314	314	three-year master plan for capital development and the development
315	315	of parks and district facilities.
316	316	(b) The board shall annually review and revise the master
317	317	plan during the budget process and shall file a copy of the master
318	318	plan and revisions with the county clerk.
319	319	(c) The board shall annually develop and approve a one-year
320	320	budget that must include the suggested revisions and additions to
321	321	the master plan.
322	322	(d) The board shall submit the annual budget to the
323	323	commissioners court for approval and shall file a copy with the
324	324	county clerk.
325	325	Sec. 324A.074. PERMANENT IMPROVEMENTS ON LAND WITH RIVER
326	326	FRONTAGE. (a) The district may not purchase a river access
327	327	location except for use as:
328	328	(1) a sanitary facility;
329	329	(2) a litter receptacle;
330	330	(3) a drinking water facility;
331	331	(4) a parking lot;
332	332	(5) a road or trail;
333	333	(6) a river ingress or egress facility;
334	334	(7) an information booth;
335	335	(8) a fee collection facility;
336	336	(9) a visitor's center; or
337	337	(10) a district office.
338	338	(b) At a river access location permitted under this section,
339	339	the district may not engage in any activity that competes with
340	340	private enterprise except for the provision and operation of a
341	341	permanent improvement permitted under this section.
342	342	(c) Subject to the restrictions provided by Section
343	343	324A.068(d), the district may accept as a grant, gratuity, gift, or
344	344	devise land with river access and any improvement that may exist on
345	345	the land at the time of the gift.
346	346	SUBCHAPTER E. FEES AND FINANCIAL PROVISIONS
347	347	Sec. 324A.091. NO AD VALOREM TAXES OR BONDS. The district
348	348	may not impose an ad valorem tax or issue a bond.
349	349	Sec. 324A.092. FEES FOR USE OF DISTRICT FACILITY. (a) The
350	350	board may charge or require the payment of a fee for the use of a
351	351	district facility except a drinking water or sanitary facility.
352	352	(b) A fee assessed under this section must be equal and
353	353	uniform within classes defined by the board.
354	354	(c) Except as provided by a contract entered into by the
355	355	board, the board may determine the rate of fees charged for the use,
356	356	operation, or lease of district facilities, services, or equipment.
357	357	The fees must be in amounts that will produce revenue at least
358	358	sufficient to pay the expenses of operating and maintaining
359	359	district facilities.
360	360	Sec. 324A.093. FINANCIAL STATEMENT; BUDGET. (a) On or
361	361	before February 1 of each year, the board shall prepare and file
362	362	with the officer responsible for the county budget a complete
363	363	financial statement showing the financial status of the district
364	364	and the district's properties, funds, and indebtedness.
365	365	(b) The financial statement must be prepared in accordance
366	366	with standards adopted by the Governmental Accounting Standards
367	367	Board and must show separately all information concerning:
368	368	(1) leases, promissory notes, and other indebtedness
369	369	of the district; and
370	370	(2) fee revenue of the district.
371	371	(c) At the time the financial statement is filed, the board
372	372	shall file with the commissioners court a proposed budget of the
373	373	board's needs for the next fiscal year. The proposed budget shall
374	374	include items that:
375	375	(1) the board is unable to finance from the district's
376	376	revenues; and
377	377	(2) the board requests purchase of with county funds.
378	378	(d) The officer responsible for the county budget shall
379	379	include the district's proposed budget on the calendar for the next
380	380	regularly scheduled meeting of the commissioners court. As part of
381	381	the county's tentative budget, the items certified by the board are
382	382	subject to state law relating to county budgets.
383	383	(e) The county auditor may conduct a general audit and issue
384	384	a financial statement of the district at times the auditor
385	385	considers appropriate.
386	386	(f) The board shall operate the parks and facilities under
387	387	the board's control in a manner that will produce revenue at least
388	388	sufficient to pay the expenses of operating and maintaining the
389	389	district's parks and facilities without seeking from the
390	390	commissioners court the appropriation of additional money for those
391	391	expenses.
392	392	Sec. 324A.094. IMPOSITION AND COLLECTION OF FEES; CRIMINAL
393	393	PENALTY. (a) The district may collect fees and issue revenue
394	394	permits within the district to carry out any purposes prescribed by
395	395	this chapter and to pay the obligations of the district.
396	396	(b) The district may collect only the following fees:
397	397	(1) a fee, at a rate not greater than five percent
398	398	established by board resolution, imposed on each person who, under
399	399	a lease, concession, permit, right of access, license, contract, or
400	400	agreement, pays $1 or more:
401	401	(A) for each day to rent a camping space, picnic
402	402	space, or parking space, if the space is not part of a recreational
403	403	vehicle park;
404	404	(B) for each day to rent a boat slip, dry boat
405	405	storage, or fishing tackle;
406	406	(C) for each day of recreational guide services;
407	407	or
408	408	(D) for an initiation or membership fee of a
409	409	private club or organization that provides water-oriented
410	410	recreational equipment for use to a member; and
411	411	(2) a fee imposed by board resolution at a rate not
412	412	greater than $1 a person:
413	413	(A) for each rental of water-oriented
414	414	recreational equipment, including a canoe, tube, raft, boat, or
415	415	kayak, intended for use on a river in the district; or
416	416	(B) if the person does not rent equipment
417	417	described by Paragraph (A), for each person using shuttle service
418	418	in the district, including for river ingress and egress.
419	419	(c) A fee imposed under this section is payable by the
420	420	purchaser or consumer of the item subject to the fee, except that,
421	421	if the person responsible for collecting the fee does not comply
422	422	with this chapter by collecting and remitting the fee to the
423	423	district, the person responsible for collecting the fee is liable
424	424	for the fee.
425	425	(d) A person who does not hold a revenue permit issued by the
426	426	board may not provide or offer for remuneration a service, a use of
427	427	a facility, or a rental of an item if the price paid for the service,
428	428	use, or rental is subject to a fee under this section. A person who
429	429	holds a revenue permit issued by the district shall collect the fees
430	430	imposed under this section and shall report and remit the collected
431	431	fees to the district as the district requires.
432	432	(e) If a revenue permit holder remits fees after the due
433	433	date but on or before the 30th day after the due date, the revenue
434	434	permit holder shall pay the district a penalty of five percent of
435	435	the amount of fees due. If the revenue permit holder remits the
436	436	fees after the 30th day after the due date, the revenue permit
437	437	holder shall pay the district a penalty of 10 percent of the amount
438	438	of fees due.
439	439	(f) Delinquent fees and accrued penalties draw interest at
440	440	the rate of 10 percent a year beginning on the 60th day after the
441	441	date the fees were due.
442	442	(g) If a revenue permit holder does not collect and remit a
443	443	fee imposed, the board may suspend, revoke, or cancel the holder's
444	444	revenue permit and pursue any other remedy the district may have to
445	445	collect the fee under civil or criminal law.
446	446	(h) A person who violates Subsection (d) commits an offense
447	447	if the person rents or offers for rent an item subject to a fee under
448	448	this section. Each provision or offer for remuneration of the
449	449	service, use, or rental is a separate offense. An offense under
450	450	this subsection is a Class C misdemeanor unless it is shown at the
451	451	trial of the defendant that the defendant has previously been
452	452	convicted of an offense under this subsection, in which case the
453	453	offense is a Class B misdemeanor.
454	454	(i) In the same manner that this section applies to a person
455	455	who provides or offers a service, a use of a facility, or a rental of
456	456	an item in the district, this section applies to a person who
457	457	resides or does business outside the district but:
458	458	(1) provides or offers recreational guide or shuttle
459	459	services or the rental of water-oriented recreational equipment in
460	460	the district; and
461	461	(2) regularly transports customers into or out of the
462	462	district for river or parking access.
463	463	(j) The board may settle a claim for a penalty or interest
464	464	accrued on a fee imposed by this chapter if the board finds that the
465	465	revenue permit holder exercised reasonable diligence to comply with
466	466	this chapter.
467	467	(k) The district may impose different fee rates for
468	468	different types of services or rental items described by Subsection
469	469	(b)(2). A fee rate may not exceed the maximum rate provided by that
470	470	subdivision.
471	471	Sec. 324A.095. FEE EXEMPTION. The district may not collect
472	472	a fee on a transaction between a person and an interest operated by:
473	473	(1) the United States in the district; or
474	474	(2) a state park in the district.
475	475	Sec. 324A.096. DISPOSITION OF REVENUE. In addition to any
476	476	other purpose or obligation of a district, a district may use
477	477	district fee revenue and other revenue for:
478	478	(1) acquisition of a right-of-way that leads to or is
479	479	in the district;
480	480	(2) construction, improvement, or maintenance of a
481	481	road that leads to or is in the district;
482	482	(3) the provision of law enforcement, emergency
483	483	medical services, or fire protection in the district;
484	484	(4) programs to improve the water quality and sanitary
485	485	conditions in the district;
486	486	(5) other programs that promote water-oriented
487	487	recreation in the district;
488	488	(6) a contribution to the county's general fund in the
489	489	event that the board finds it has excess revenues;
490	490	(7) acquiring insurance for the district;
491	491	(8) hiring necessary personnel as provided by Section
492	492	324A.062;
493	493	(9) the construction of facilities to house district
494	494	personnel and equipment;
495	495	(10) the leasing of property as necessary to benefit
496	496	the district; and
497	497	(11) any other lawful purpose for the benefit of the
498	498	district.
499	499	Sec. 324A.097. REPLACEMENT FUND. (a) The board may
500	500	establish a replacement fund. The board may deposit in the fund any
501	501	amounts from board revenue that the board considers appropriate.
502	502	(b) The replacement fund may be used to rebuild, restore,
503	503	repair, or improve district property that is destroyed or injured
504	504	or as necessary to expand, improve, demolish, repair, or replace
505	505	district property because of unfitness.
506	506	(c) The board may invest the replacement fund in bonds of
507	507	the United States, this state, or a county, municipal corporation,
508	508	or school district of this state.
509	509	SUBCHAPTER F. ANNEXATION; INCORPORATION; DISSOLUTION
510	510	Sec. 324A.121. ANNEXATION. (a) The voters of an
511	511	unincorporated area that is contiguous to a district may file a
512	512	petition with the board to annex the area to the district.
513	513	(b) The petition must contain an accurate description of the
514	514	area proposed for annexation, accompanied by an accurate map or
515	515	plat of the area.
516	516	(c) The petition must be signed by at least one percent of
517	517	the registered voters in the area proposed for annexation.
518	518	(d) If the board considers the proposed annexation
519	519	desirable, the board shall file the petition with the commissioners
520	520	court with a statement of the reasons the board favors the
521	521	annexation.
522	522	(e) The commissioners court shall give notice of a hearing
523	523	on the petition and hold a hearing in the manner prescribed by
524	524	Sections 324A.022 and 324A.023 for a petition for creation of a
525	525	district.
526	526	(f) The commissioners court may grant the petition if the
527	527	commissioners court finds the petition meets the requirements of
528	528	this section and the annexation promotes the purposes for which the
529	529	district was created.
530	530	Sec. 324A.122. EFFECT OF INCORPORATION OR ANNEXATION. The
531	531	incorporation of a political subdivision or the annexation of any
532	532	part of a park and recreation district by a political subdivision
533	533	does not affect the district's boundaries.
534	534	Sec. 324A.123. DISANNEXATION. (a) The voters of or county
535	535	commissioners for any area in a district may file a petition with
536	536	the board to disannex the area from the district.
537	537	(b) The petition must contain an accurate description of the
538	538	area proposed for disannexation, accompanied by an accurate map or
539	539	plat of the area.
540	540	(c) The petition must be signed by at least one percent of
541	541	the registered voters in the area proposed for disannexation or by
542	542	each county commissioner for the area proposed for disannexation.
543	543	(d) The board shall file the petition with the commissioners
544	544	court if:
545	545	(1) the district has not acquired or constructed a
546	546	permanent improvement or facility in the area proposed for
547	547	disannexation; and
548	548	(2) the district's projected revenue from all sources,
549	549	except from the area proposed for disannexation, is sufficient to
550	550	pay the district's outstanding debts.
551	551	(e) The commissioners court shall give notice of a hearing
552	552	on the petition and hold a hearing in the manner prescribed by
553	553	Sections 324A.022 and 324A.023 for a petition for creation of a
554	554	district.
555	555	(f) The commissioners court by order may grant the petition
556	556	if the commissioners court finds that:
557	557	(1) the petition meets the requirements of this
558	558	section;
559	559	(2) the conditions listed in Subsection (d) exist; and
560	560	(3) the disannexation is in the county's best
561	561	interests.
562	562	(g) The disannexation takes effect on the date stated by the
563	563	order or, if the order does not state a date, on the date the order
564	564	is issued.
565	565	Sec. 324A.124. DISSOLUTION OF DISTRICT. (a) The
566	566	commissioners court by order may dissolve a district. The order may
567	567	be adopted:
568	568	(1) on the commissioners court's own motion; or
569	569	(2) after the filing of a written petition signed by a
570	570	number of the registered voters who reside in the district equal to
571	571	at least 10 percent of the votes received in the district in the
572	572	most recent gubernatorial general election.
573	573	(b) The commissioners court shall give notice of a hearing
574	574	on the petition and hold a hearing in the manner prescribed by
575	575	Sections 324A.022 and 324A.023 for a petition for creation of a
576	576	district.
577	577	(c) The commissioners court shall grant the petition and
578	578	order the dissolution of the district if the court finds that the
579	579	petition meets the requirements of this section and that the
580	580	dissolution is in the county's best interests.
581	581	(d) On dissolution of the district, the county assumes the
582	582	district's property and other assets, debts and other liabilities,
583	583	and obligations.
584	584	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
585	585	Sec. 324A.901. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED
586	586	RECREATIONAL EQUIPMENT. (a) This section applies only to the
587	587	rental of water-oriented recreational equipment in a district.
588	588	(b) A person may rent water-oriented recreational equipment
589	589	only if each person who will use the equipment is listed on a
590	590	written agreement for the rental of that equipment.
591	591	SECTION 2. This Act takes effect September 1, 2013.