By: Kleinschmidt H.B. No. 74
A BILL TO BE ENTITLED
AN ACT
relating to the creation and operation of a park and recreation
district in a county with frontage on the San Marcos River and to
the authority of the district to collect fees; 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 COUNTIES WITH
FRONTAGE ON SAN MARCOS RIVER
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 324A.001. ELIGIBLE COUNTIES. In a county that has
river frontage on the San Marcos River and a population of more than
35,000 but not more than 100,000, a district may be created for all
or part of the unincorporated area in the county to:
(1) improve, equip, maintain, finance, and operate any
public park located in the district and owned or leased by the
county;
(2) construct, improve, and maintain transportation
infrastructure projects to provide public access to and in the
district;
(3) conserve the natural resources in the district;
and
(4) improve the public health, safety, and welfare in
the district.
Sec. 324A.002. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of a park and
recreation district.
(2) "District" means a park and recreation district
created under this chapter.
(3) "District facility" includes any facility, land,
or improvement to land, whether permanent or temporary, that is
owned, leased, or acquired by the district.
(4) "Fee" includes a toll or any other charge.
(5) "Recreational vehicle" has the meaning assigned by
Section 522.004(b), Transportation Code.
(6) "Recreational vehicle park" means property on
which utility service connections are made for recreational vehicle
transient guest use and for which fees are paid at intervals of one
day or longer.
SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT
Sec. 324A.021. ORDER OF ELECTION. (a) The commissioners
court of the county may order an election on the issue of the
creation of a district:
(1) on the commissioners court's own motion; or
(2) after the filing of a written petition 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.
(b) The petition or commissioners court's motion must
include:
(1) the name of the proposed district;
(2) an accurate description of the area to be included
in the district by metes and bounds and by public roads or
rights-of-way; and
(3) an accurate plat of the area to be included in the
district.
Sec. 324A.022. NOTICE OF HEARING. (a) After the filing of
the petition, the commissioners court shall set a date for a hearing
on the petition that is after the 20th day but on or before the 40th
day after the date the petition is filed.
(b) The commissioners court shall publish notice of the
petition and the hearing date in a newspaper of general circulation
in the county.
(c) The notice must be published once each week for a period
of two weeks before the hearing date.
Sec. 324A.023. HEARING. (a) At the hearing, evidence
shall be taken as in civil cases in the county court. The
commissioners court shall hear all arguments for and against the
creation of the district.
(b) The hearing may be adjourned from time to time on good
cause shown.
(c) The commissioners court shall grant the petition and
order the election on the issue of the creation of the district if
the court finds that:
(1) the petition is 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 district does not include any incorporated
area.
Sec. 324A.024. CREATION ELECTION. (a) The election shall
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 returns on the election shall be certified and the
results declared in the same manner as provided for other county
elections. If a majority of the votes received on the issue favor
creation of the district, the commissioners court shall declare the
district created and shall enter the results in the commissioners
court's minutes at the commissioners court's next regularly
scheduled meeting.
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. COMPOSITION AND APPOINTMENT OF BOARD.
(a) A district is governed by a board composed of seven members.
(b) The commissioners court shall appoint the members of the
board.
(c) A board member must be a citizen of the United States and
must reside in the county. Four of the board members must reside,
own property, or own a business in the district. One board member
must live outside the district.
(d) A board member may not be an officer or employee of the
county in which the district is created or of a municipality in that
county.
(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 who serves the one-year terms. Thereafter, each
director is appointed for a term of two years from the date of the
director's appointment.
(f) If a vacancy occurs on the board, the commissioners
court shall appoint a person to fill the vacancy for the unexpired
term.
(g) The commissioners court shall file a certificate of the
appointment of each board member with the county clerk. The
certificate is conclusive evidence of the proper appointment of the
board member.
(h) A board member may not serve more than four consecutive
full terms.
Sec. 324A.042. 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 county clerk.
(b) The bond must be:
(1) payable to the order of the commissioners court;
(2) payable in an amount prescribed by the
commissioners court 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.043. 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 commissioners court. A board member's
approved expense account shall be paid in due time by the board's
check or warrant.
Sec. 324A.044. QUORUM; MAJORITY VOTE. Four board members
constitute a quorum of the board. The board may act on the majority
of the vote of the assembled quorum.
Sec. 324A.045. APPROVAL OF COMMISSIONERS COURT. (a) The
board is subject to the supervision of the commissioners court 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 court may approve or disapprove the board's
action. If the court disapproves the act, the act is ineffective.
Otherwise, the act becomes effective on the earlier of the date the
commissioners court approves the act or the 31st day after the date
the board acted.
Sec. 324A.046. ORGANIZATION; MEETINGS. (a) Annually, the
board shall elect a president, a vice president, a secretary, and a
treasurer, except that the first president shall be designated by
the commissioners court at the time of the appointment of the first
board.
(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 at least part of 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. PERSONNEL. (a) The board may employ a
manager, secretary, stenographer, bookkeeper, accountant, and
technical expert and any other support personnel or agent the board
considers necessary.
(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 for the legal services the
board requires. The board may contract for and compensate the
board's own legal staff.
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,
including a lease or other contract connected with, incident to, or
affecting the acquisition, financing, construction, equipment,
maintenance, renovation, repair, improvement, or operation of real
property or facilities.
(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; CIVIL ENFORCEMENT. (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
containers of not more than two ounces and glass containers;
(3) activities that endanger the health and safety of
persons or property on public water in the district, subject to the
public's paramount right to navigate inland water; and
(4) tenants, business privileges, concessionaires,
users, and activities affecting district property and facilities,
including hunting, fishing, boating, camping, tubing, swimming,
and conservation of natural resources.
(b) The board may not prohibit the possession of 12-ounce
aluminum cans.
(c) A police officer, constable, sheriff, or other law
enforcement officer with jurisdiction in the county may arrest
persons violating board rules or ordinances and carry out the
prosecution of those persons in the proper court.
(d) 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).
(e) The county attorney, the district attorney, the
criminal district attorney, or an attorney retained by the board
for this purpose may bring an action to enjoin a violation of board
rules or ordinances 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 service or the use
or rental of a facility or an item for remuneration by a person who
does not hold a revenue permit issued by the district or for which
collection of a fee is required;
(2) the failure of a revenue permit holder to remit a
fee imposed 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.067. BOND. If the board brings an action to
enforce this subchapter or enjoin a violation of a rule or ordinance
adopted by the board under this subchapter, the board is not
required to post a bond.
Sec. 324A.068. POWER TO ACQUIRE PROPERTY. (a) For the
conservation of the natural resources of the county, the board may
acquire land in the county, in or outside the district, including a
stream, a lake, submerged land, and swampland, to create parks. The
board may develop, improve, protect, and promote the land in a
manner the board considers conducive to the general welfare.
(b) The land may be acquired by:
(1) gift or devise;
(2) lump-sum payment; or
(3) installment payments with or without option to
purchase.
(c) The district does not have the power of eminent domain.
(d) The commissioners court by eminent domain may not
acquire land for park purposes after August 31, 2013, and
subsequently transfer by any means the land or control of the land
to the board for park purposes or other purposes. If the
commissioners court by eminent domain acquires land for purposes
other than park purposes after August 31, 2013, the court may not
transfer by any means the land or control of the land to the board
for park purposes or other purposes before the 10th anniversary of
the date the court acquired the land.
Sec. 324A.069. SALE OR LEASE OF LANDS. (a) If the board
determines that any land owned by the district is not necessary for
the purposes for which the land was acquired, the board may sell and
dispose of the land on terms the board considers advisable.
(b) The board may lease or permit the use of land for
purposes consistent with the purposes for which the land was
acquired and on terms the board considers advisable.
(c) Before land owned by the district may be sold, once a
week for four consecutive weeks in a newspaper of general
circulation in the county, the board must publish a notice of the
board's intention to sell the land. The notice must include an
accurate description of the land, the time of a public hearing that
is not later than the 10th day before the disposition date, and the
time and place at which sealed bids will be received.
Sec. 324A.070. GRANTS AND GRATUITIES. To promote,
establish, or accomplish a purpose of this chapter, the board may:
(1) accept grants and gratuities in any form from any
source, including the United States government, this state, any
state or federal agency, any private or public corporation, or any
other person;
(2) accept donations of money or other property; and
(3) act as trustee of land, money, or other property.
Sec. 324A.071. PARKLAND CONTROLLED BY OTHER PUBLIC
AUTHORITIES. Under an agreement with a public authority in control
of parkland in the county, the district may assume control of all or
part of the parkland in the district or contiguous to the district
or may contract or cooperate with the public authority in
connection with the use, development, improvement, and protection
of the parkland.
Sec. 324A.072. PUBLIC ROAD OR HIGHWAY AGREEMENTS. (a) The
board may enter into an agreement with a public authority in control
of a highway in a park area or connecting two or more park areas to
make alterations in the route or width of the highway or to grade,
drain, pave, or otherwise improve the highway.
(b) The board may enter into an agreement with the county to
cooperate with the county to construct, improve, or maintain a
public road or highway in the county.
Sec. 324A.073. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL
BUDGET; FILING. (a) The board shall develop and approve a
three-year master plan for capital development and the development
of parks and district facilities.
(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.
(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 for approval and shall file a copy with the
county clerk.
Sec. 324A.074. PERMANENT IMPROVEMENTS ON LAND WITH RIVER
FRONTAGE. (a) The district may not purchase a river access
location except for use as:
(1) a sanitary facility;
(2) a litter receptacle;
(3) a drinking water facility;
(4) a parking lot;
(5) a road or trail;
(6) a river ingress or egress facility;
(7) an information booth;
(8) a fee collection facility;
(9) a visitor's center; or
(10) a district office.
(b) At a river access location permitted under this section,
the district may not engage in any activity that competes with
private enterprise except for the provision and operation of a
permanent improvement permitted under this section.
(c) Subject to the restrictions provided by Section
324A.068(d), the district may accept as a grant, gratuity, gift, or
devise land with river access and any improvement that may exist on
the land at the time of the gift.
SUBCHAPTER E. FEES AND FINANCIAL PROVISIONS
Sec. 324A.091. NO AD VALOREM TAXES OR BONDS. The district
may not impose an ad valorem tax or issue a bond.
Sec. 324A.092. FEES FOR USE OF DISTRICT FACILITY. (a) The
board may charge or require the payment of a fee for the use of a
district facility except a drinking water or sanitary facility.
(b) A fee assessed under this section must be equal and
uniform within classes defined by the board.
(c) Except as provided by a contract entered into by the
board, the board may determine the rate of fees charged for the use,
operation, or lease of district facilities, services, or equipment.
The fees must be in amounts that will produce revenue at least
sufficient to pay the expenses of operating and maintaining
district facilities.
Sec. 324A.093. 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 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 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 county funds.
(d) The officer responsible for the county budget 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 may conduct a general audit and issue
a financial statement of the district at times the auditor
considers appropriate.
(f) The board shall operate the parks and facilities under
the board's control in a manner that will produce revenue at least
sufficient to pay the expenses of operating and maintaining the
district's parks and facilities without seeking from the
commissioners court the appropriation of additional money for those
expenses.
Sec. 324A.094. IMPOSITION AND COLLECTION OF FEES; CRIMINAL
PENALTY. (a) The district may collect fees and issue revenue
permits within the district to carry out any purposes prescribed by
this chapter and to pay the obligations of the district.
(b) The district may collect only the following fees:
(1) a fee, at a rate not greater than five percent
established by board resolution, imposed on each person who, under
a lease, concession, permit, right of access, license, contract, or
agreement, pays $1 or more:
(A) for each day to rent a camping space, picnic
space, or parking space, if the space is not part of a recreational
vehicle park;
(B) for each day to rent a boat slip, dry boat
storage, or fishing tackle;
(C) for each day of recreational guide services;
or
(D) for an initiation or membership fee of a
private club or organization that provides water-oriented
recreational equipment for use to a member; and
(2) a fee imposed by board resolution at a rate not
greater than $1 a person:
(A) for each rental of water-oriented
recreational equipment, including a canoe, tube, raft, boat, or
kayak, intended for use on a river in the district; or
(B) if the person does not rent equipment
described by Paragraph (A), for each person using shuttle service
in the district, including for river ingress and egress.
(c) A fee imposed under this section is payable by the
purchaser or consumer of the item 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 may not provide or offer for remuneration a service, a use of
a facility, or a rental of an item if the price paid for the service,
use, or rental is subject to a fee under this section. 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.
(e) If a revenue permit holder remits fees 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.
(f) 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 were due.
(g) If a revenue permit holder does not collect and remit a
fee imposed, 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.
(h) A person who violates Subsection (d) commits an offense
if the person rents or offers for rent an item subject to a fee under
this section. Each provision or offer for remuneration of the
service, use, or rental 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.
(i) In the same manner that this section applies to a person
who provides or offers a service, a use of a facility, or a rental of
an item in the district, this section applies to a person who
resides or does business outside the district but:
(1) provides or offers recreational guide or shuttle
services or the rental of water-oriented recreational equipment in
the district; and
(2) regularly transports customers into or out of the
district for river or parking access.
(j) The board may settle a claim for a penalty or interest
accrued on a fee imposed by this chapter if the board finds that the
revenue permit holder exercised reasonable diligence to comply with
this chapter.
(k) The district may impose different fee rates for
different types of services or rental items described by Subsection
(b)(2). A fee rate may not exceed the maximum rate provided by that
subdivision.
Sec. 324A.095. FEE EXEMPTION. The district may not collect
a fee on a transaction between a person and an interest operated by:
(1) the United States in the district; or
(2) a state park in the district.
Sec. 324A.096. DISPOSITION OF REVENUE. In addition to any
other purpose or obligation of a district, a district may use
district fee revenue and other revenue for:
(1) acquisition of a right-of-way that leads to or is
in the district;
(2) construction, improvement, or maintenance of a
road or highway that leads to or is in the district and mitigation
of adverse environmental effects that result directly from the
construction, improvement, or maintenance of the road or highway;
(3) the provision of law enforcement, emergency
medical services, or fire protection in the district;
(4) programs to improve the water quality and sanitary
conditions in the district;
(5) other programs that promote water-oriented
recreation in the district;
(6) a contribution to the county's general fund in the
event that the board finds it has excess revenues;
(7) acquiring insurance for the district;
(8) hiring necessary personnel as provided by Section
324A.062;
(9) the construction of facilities to house district
personnel and equipment;
(10) the leasing of property as necessary to benefit
the district; and
(11) any other lawful purpose for the benefit of the
district.
Sec. 324A.097. REPLACEMENT FUND. (a) The board may
establish a replacement fund. The board may deposit in the fund any
amounts from board revenue that the board considers appropriate.
(b) The replacement fund may be used to rebuild, restore,
repair, or improve district property that is destroyed or injured
or as necessary to expand, improve, demolish, repair, or replace
district property because of unfitness.
(c) The board may invest the replacement fund in bonds of
the United States, this state, or a county, municipal corporation,
or school district of this state.
SUBCHAPTER F. ANNEXATION; INCORPORATION; DISSOLUTION
Sec. 324A.121. ANNEXATION. (a) The voters of an
unincorporated area that is contiguous to a district 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, accompanied by an accurate map or
plat of the area.
(c) The petition must be signed by at least one percent of
the registered voters in the area proposed for annexation.
(d) If the board considers the proposed annexation
desirable, the board shall file the petition with the commissioners
court with a statement of the reasons the board favors the
annexation.
(e) The commissioners court shall give notice of a hearing
on the petition and hold a hearing in the manner prescribed by
Sections 324A.022 and 324A.023 for a petition for creation of a
district.
(f) The commissioners court may grant the petition if the
commissioners court finds the petition meets the requirements of
this section and the annexation promotes the purposes for which the
district was created.
Sec. 324A.122. EFFECT OF INCORPORATION OR ANNEXATION. The
incorporation of a political subdivision or the annexation of any
part of a park and recreation 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, accompanied by an accurate map or
plat of the area.
(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 file the petition with the commissioners
court if:
(1) the district has not acquired or constructed a
permanent improvement or facility in the area proposed for
disannexation; and
(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.
(e) The commissioners court shall give notice of a hearing
on the petition and hold a hearing in the manner prescribed by
Sections 324A.022 and 324A.023 for a petition for creation of a
district.
(f) The commissioners court by order may grant the petition
if the commissioners court finds that:
(1) the petition meets the requirements of this
section;
(2) the conditions listed in Subsection (d) exist; and
(3) the disannexation is in the county's best
interests.
(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. (a) The
commissioners court by order may dissolve a district. The order may
be adopted:
(1) on the commissioners court'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 commissioners court shall give notice of a hearing
on the petition and hold a hearing in the manner prescribed by
Sections 324A.022 and 324A.023 for a petition for creation of a
district.
(c) The commissioners court shall grant the petition and
order the dissolution of the district if the court finds that the
petition meets the requirements of this section and that the
dissolution is in the county's best interests.
(d) On dissolution of the district, the county assumes the
district's property and other assets, debts and other liabilities,
and obligations.
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 October 1, 2013.