84R3132 JXC-D
By: Zaffirini S.B. No. 234
A BILL TO BE ENTITLED
AN ACT
relating to the creation and operation of a park and recreation
district in counties that share a border on the San Marcos River and
to the authority of the district to collect fees; creating an
offense and providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Local Government Code, is
amended by adding Chapter 324A to read as follows:
CHAPTER 324A. PARK AND RECREATION DISTRICTS IN CERTAIN COUNTIES ON
THE SAN MARCOS RIVER
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 324A.001. ELIGIBLE COUNTIES AND TERRITORY. (a) Two
counties that share a border on the San Marcos River may create a
district as provided by this chapter in all or part of the counties
to:
(1) improve, equip, maintain, finance, and operate a
public park located in the district, including a park owned or
leased by a county;
(2) conserve the natural resources in the district;
and
(3) improve the public health, safety, and welfare in
the district.
(b) The territory of a district created under this chapter
must include all of at least one county election precinct on each
side of the San Marcos River, except that the district territory
must exclude all territory located in a state park.
(c) The territory of a district created under this chapter
may not include territory outside of the creating counties,
initially, but the district may annex territory outside the
counties under Section 324A.121.
Sec. 324A.002. DEFINITIONS. (a) In this chapter:
(1) "Board" means the board of directors of a park and
recreation district created under this chapter.
(2) "District" means a park and recreation district
created under this chapter.
(3) "District facility" includes any facility, land,
or improvement to land, whether permanent or temporary, that is
owned, leased, or acquired by the district.
(4) "Eligible county" means a county described by
Section 324A.001.
(5) "Fee" includes a toll or any other charge.
(b) A reference in this chapter to a county "in which the
district is located" does not include a county in which the district
was not located on the date the district was created.
SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT
Sec. 324A.021. CREATION ELECTIONS REQUIRED. A district may
be created under this chapter only if:
(1) the commissioners court of each eligible county in
which the proposed district will be located:
(A) receives a written petition for the creation
of the district that:
(i) is signed by a number of the registered
voters who reside in the county equal to at least five percent of
the votes received in the county in the most recent gubernatorial
general election; and
(ii) includes an accurate description of
the territory to be included in the district by reference to county
election precinct boundaries, by metes and bounds, by lot and block
number if there is a recorded map or plat and survey of the area, or
by other sufficient legal description; or
(B) passes a motion favoring creation of the
district that includes an accurate description of the territory to
be included in the district by reference to county election
precinct boundaries, by metes and bounds, by lot and block number if
there is a recorded map or plat and survey of the area, or by other
sufficient legal description;
(2) the commissioners court of each county in which
the proposed district will be located approves the creation of the
district after a public hearing held to consider the creation of the
district; and
(3) the creation of the district is approved by the
voters as provided by Section 324A.024.
Sec. 324A.022. HEARING. (a) A commissioners court of an
eligible county that receives a petition or passes a motion under
Section 324A.021 shall hold a hearing on the creation of the
district.
(b) The commissioners court shall set a date for the hearing
that is after the 20th day but on or before the 40th day after the
date the petition is received or the passage of the motion, as
applicable, under Section 324A.021.
(c) The commissioners court shall publish in a newspaper of
general circulation in the county notice of the petition or motion
and the hearing date.
(d) The notice must be published at least once each week for
a period of two weeks before the hearing date.
(e) At the hearing, the commissioners court shall hear all
arguments for and against the creation of the district and shall
take evidence as in civil cases in the county court.
(f) The hearing may be adjourned from time to time on good
cause shown.
Sec. 324A.023. ORDER OF ELECTION. (a) After holding a
hearing under Section 324A.022, the commissioners court may approve
the creation of the district and order an election on the issue of
the creation of the district only if the court finds that:
(1) the petition, if any, was signed by the required
number of registered voters in the county;
(2) the district will serve the purposes prescribed by
Section 324A.001; and
(3) the territory of the proposed district includes at
least one county election precinct in an eligible county on each
side of the San Marcos River.
(b) The commissioners court's election order must provide
for the voters of the territory of the proposed district who reside
in the county to vote for or against a proposition to approve the
creation of the district.
(c) A commissioners court that orders an election under this
section shall notify the commissioners court of the other eligible
county in which the proposed district will be located of the order.
Sec. 324A.024. ELECTION; RESULT. (a) The election must be
held on the date of the first regularly scheduled countywide
election that follows the date of the order of the election and for
which there is sufficient time to comply with other requirements of
law.
(b) The commissioners courts of the counties in which the
proposed district will be located are not required to hold their
respective creation elections on the same day.
(c) The returns on the election shall be certified and the
results declared in the same manner as provided for other county
elections, except as provided by this section.
(d) A commissioners court that holds an election under this
section shall notify the commissioners court of the other county in
which the district is proposed to be located of the results of the
election, including the number of voters who voted for the
proposition and the number of voters who voted against the
proposition.
(e) After an election is held in the proposed district
territory of each eligible county, the two commissioners courts
jointly shall determine whether the majority of the voters voting
in the proposed district as a whole voted for or against the
proposition to approve the creation of the district. The county
commissioners courts jointly shall declare the district created if
a majority of the voters who voted in the proposed district as a
whole voted for the proposition. Each commissioners court shall
enter the declaration in the court's minutes at the court's next
meeting, or if the majority of the voters who voted in the proposed
district as a whole voted against the proposition, each court shall
enter in the court's minutes that the voters did not approve the
creation of the district.
Sec. 324A.025. COSTS OF CREATION AND ORGANIZATION. The
costs necessarily incurred in the creation and organization of the
district may be paid from the district's revenue from any source.
SUBCHAPTER C. BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT
Sec. 324A.041. APPOINTMENT OF BOARD MEMBERS; TERMS. (a) A
district is governed by a board composed of seven members.
(b) The commissioners court of each county in which the
district is located shall appoint three members of the board.
(c) A municipality in the district may nominate a candidate
for the seventh board member position. The six board members
appointed under Subsection (a) shall select a seventh board member
from among the nominations or, if the board receives no
nominations, shall select a seventh board member.
(d) A commissioners court or the board shall file with the
county clerk of each county in which the district is located a
certificate of the appointment of each board member appointed by
the court or board. The certificate is conclusive evidence of the
proper appointment of the board member.
(e) Three members of the initial board serve one-year terms
and four members serve two-year terms. The members shall draw lots
to determine which members serve the one-year terms. Thereafter,
each board member is appointed for a term of two years from the date
of the board member's appointment.
(f) A board member may not serve more than four consecutive
full terms.
Sec. 324A.042. QUALIFICATIONS. (a) A board member must:
(1) be a citizen of the United States; and
(2) reside, own property, or own a business in the
district.
(b) A board member may not be an officer or employee of a
county in which the district is located or of a municipality in the
district.
(c) Not more than two board members may be owners,
operators, or employees of the same type of business.
Sec. 324A.043. VACANCIES. A vacancy that occurs on the
board shall be filled for the unexpired term by appointment in the
manner in which the vacating board member was appointed.
Sec. 324A.044. OATH AND BOND. (a) Not later than the 30th
day after the date a board member is appointed, the member must
qualify by taking the official oath and by filing a good and
sufficient bond with the district.
(b) The bond must be:
(1) payable to the district;
(2) payable in an amount prescribed by the district of
$5,000 or more; and
(3) conditioned that the board member will faithfully
perform the duties of a board member, including the proper handling
of all money that comes into the board member's hands in the board
member's official capacity.
Sec. 324A.045. COMPENSATION AND REIMBURSEMENT. A board
member is not entitled to compensation but is entitled to
reimbursement for necessary expenses, including travel expenses,
incurred in performing the duties of a board member. A board
member's reimbursement for necessary expenses in excess of $250
must be approved by the board. A board member's approved expense
account shall be paid in due time by the board's check or warrant.
Sec. 324A.046. QUORUM; MAJORITY VOTE. 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.047. APPROVAL OF COMMISSIONERS COURT. (a) The
board is subject to the supervision of the commissioners courts of
the counties in which the district is located in the exercise of all
the board's rights, powers, and privileges and in the performance
of the board's duties.
(b) Not later than the 30th day after the date the board
acts, the commissioners courts jointly may approve or disapprove
the board's action. If the courts disapprove the act, the act is
ineffective. Otherwise, the act becomes effective on the earlier
of the date the commissioners courts approve the act or the 31st day
after the date the board acted.
Sec. 324A.048. ORGANIZATION; MEETINGS. (a) Annually, the
board shall elect a president, a vice president, a secretary, and a
treasurer.
(b) The offices of secretary and treasurer may be held by
the same person. If either the secretary or the treasurer is absent
or unavailable, the president may appoint another board member to
act for and perform the duties of the absent or unavailable officer.
(c) The board shall set times for and hold regular meetings.
On the request of two or more board members, the board may hold a
special meeting at other times as necessary.
(d) The board shall hold meetings at a public place in a
county in which the district is located.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 324A.061. DEPOSITORIES AND DISBURSEMENTS. (a) Money
and other funds belonging to or under control of the board are
public funds.
(b) The board shall select depositories for the money.
(c) A warrant or check for the withdrawal of money must be
signed by two persons authorized to sign a warrant or check by
resolution entered in the board's minutes.
Sec. 324A.062. PERSONNEL. (a) The board may employ a
manager, secretary, 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 of a county in which the
district is located for legal services the board requires. The
board may contract for and compensate the board's own legal staff.
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. (a) The board may adopt reasonable rules and ordinances
applicable to:
(1) the administration, enforcement, and collection
of district fees and the issuance, suspension, and cancellation of
revenue permits;
(2) littering and litter abatement on public water in
the district, including the possession and disposition of plastic
and glass containers;
(3) activities that endanger the health and safety of
persons or property on public water in the district, 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) A person who violates a rule or ordinance adopted under
this section commits an offense. An offense under this subsection
is a Class C misdemeanor punishable by:
(1) a fine not to exceed $500 for a violation of a rule
or ordinance not described by Subsection (a)(2); and
(2) a fine not to exceed $1,000 for a violation of a
rule or ordinance described by Subsection (a)(2).
Sec. 324A.067. ENFORCEMENT. (a) A police officer,
constable, sheriff, or other law enforcement officer with
jurisdiction in a county in which the district is located may arrest
a person who violates a district rule or ordinance, including a
revenue permit requirement, in the officer's, constable's, or
sheriff's county and carry out the prosecution of that person in the
proper court.
(b) The county attorney, district attorney, or criminal
district attorney of a county in which the district is located, or
an attorney retained by the board for this purpose, may bring an
action to enjoin a violation of a district rule or ordinance, and if
the board authorizes, may seek damages and attorney's fees based on
the violation, if the violation involves:
(1) the providing or offering of a rental or service
for which collection of a fee is required under Section 324A.093;
(2) the failure of a revenue permit holder to remit a
fee imposed under Section 324A.093 if the fee has been due for more
than 60 days; or
(3) the violation by a revenue permit holder of a
district rule or ordinance relating to an activity that endangers
the health or safety of a person or property in the district.
Sec. 324A.068. BOND. If the board brings an action to
enforce this subchapter or enjoin a violation of a district rule or
ordinance adopted under this subchapter, the board is not required
to post a bond.
Sec. 324A.069. POWER TO ACQUIRE PROPERTY. (a) For the
conservation of natural resources, the board may acquire land in a
county in which the district is located, in or outside the district,
including a stream, a lake, submerged land, and swampland, to
create a park. 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) A commissioners court by eminent domain may not acquire
land for park purposes after August 31, 2015, and subsequently
transfer by any means the land or control of the land to the board
for park purposes or other purposes. If a commissioners court by
eminent domain acquires land for purposes other than park purposes
after August 31, 2015, 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.070. 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 counties in which the district is located, 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.071. GRANTS AND GRATUITIES. To promote or
accomplish a purpose of this chapter, the board may:
(1) accept grants or gratuities in any form from any
source, including the United States government, this state, a state
or federal agency, a private or public corporation, or any other
person; or
(2) accept donations of money or other property.
Sec. 324A.072. DISTRICT AS TRUSTEE. To promote or
accomplish a purpose of this chapter, the district may act as
trustee of land, money, or other property.
Sec. 324A.073. COOPERATION WITH OTHER PUBLIC AUTHORITIES.
Under an agreement with a public authority in control of parkland,
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.074. IMPROVEMENT OF PUBLIC HIGHWAY. 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.
Sec. 324A.075. 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 of each county in which the
district is located.
(c) The board shall annually develop and approve a one-year
budget that must include the suggested revisions and additions to
the master plan.
(d) The board shall submit the annual budget to the
commissioners court of each county in which the district is located
for approval and shall file a copy with the county clerk.
Sec. 324A.076. 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.069(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; BONDS; FINANCIAL PROVISIONS
Sec. 324A.091. NO AD VALOREM TAXES. The district may not
impose an ad valorem tax.
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 or amount of a fee 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. 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 of the district.
(b) The board by resolution may impose fees for the rental
of water-oriented recreational equipment intended for use on a
river in the district, including a canoe, tube, raft, boat, or
kayak, or for the provision of shuttle service in, or into or out
of, the district, including a service for river ingress and egress.
The board may impose different fee rates for different types of
rental equipment or services, except that a fee may not be imposed
at a rate greater than $3 per person:
(1) for each rental of water-oriented recreational
equipment; or
(2) if the person does not rent equipment described by
Subdivision (1), for each person using shuttle service.
(c) A fee imposed under this section is payable by the
purchaser or consumer of the item or service subject to the fee
except that if the person responsible for collecting the fee does
not comply with this chapter by collecting and remitting the fee to
the district, the person responsible for collecting the fee is
liable for the fee.
(d) A person who does not hold a revenue permit issued by the
board commits an offense if the person provides or offers for
compensation a rental or service if the price paid for the rental or
service is subject to a fee under this section. Each provision or
offer for compensation of the rental or service is a separate
offense. An offense under this subsection is a Class C misdemeanor,
unless it is shown at the trial of the defendant that the defendant
has previously been convicted of an offense under this subsection,
in which case the offense is a Class B misdemeanor.
(e) A person who holds a revenue permit issued by the
district shall collect the fees imposed under this section and
shall report and remit the collected fees to the district as the
district requires.
(f) If a revenue permit holder remits fees imposed under
this section after the due date but on or before the 30th day after
the due date, the revenue permit holder shall pay the district a
penalty of five percent of the amount of fees due. If the revenue
permit holder remits the fees after the 30th day after the due date,
the revenue permit holder shall pay the district a penalty of 10
percent of the amount of fees due.
(g) Delinquent fees and accrued penalties draw interest at
the rate of 10 percent a year beginning on the 60th day after the
date the fees imposed under this section were due.
(h) If a revenue permit holder does not collect and remit a
fee imposed under this section, the board may suspend, revoke, or
cancel the holder's revenue permit and pursue any other remedy the
district may have to collect the fee under civil or criminal law.
(i) The board may settle a claim for a penalty or interest
accrued on a fee imposed under this section if the board finds that
the revenue permit holder exercised reasonable diligence to comply
with this chapter.
(j) In the same manner that this section applies to a person
who provides or offers a rental or service for compensation in the
district, this section applies to a person who resides or does
business outside the district but:
(1) provides or offers a rental or service for
compensation in the district; and
(2) regularly transports customers into or out of the
district for river or parking access.
Sec. 324A.094. 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.095. REVENUE BOND ELECTION. (a) Revenue bonds
may not be issued by the district until authorized by a majority
vote of the district's voters voting at an election called and held
for that purpose.
(b) Not later than two years after the date the district is
declared created under Section 324A.024, the board may order a bond
election. Regardless of the requirements of Section 324A.047(b),
the order is not effective unless approved by the commissioners
court of each county in which the district is located. Except as
provided by this section, the election shall be held in the manner
provided by the Election Code.
(c) At the election, the ballot must be printed to provide
for voting for or against the issuance of revenue bonds.
(d) If a majority of the votes cast at the election favor the
issuance of the bonds, the bonds may be issued by the board. If a
majority of the votes cast at the election do not favor issuance of
the bonds, the bonds may not be issued.
Sec. 324A.096. REVENUE BONDS. (a) For the purpose of
providing funds for the acquisition of a permanent improvement to
property of the district or for the acquisition, renovation,
repair, improvement, equipping, or construction of a facility to be
used in connection with the operation of the district, the board may
issue revenue bonds that are approved at an election called under
Section 324A.095.
(b) The district may make the bonds payable out of any
revenue of the district.
(c) The bonds must be:
(1) issued in the name of the district;
(2) signed by the county judge of each county in which
the district is located; and
(3) attested by the county clerk and ex officio clerk
of the commissioners court of each county in which the district is
located.
(d) The seal of the commissioners court of each county in
which the district is located must be impressed on the bonds.
(e) The bonds must mature serially or otherwise in not more
than 40 years and may be sold at a price and under terms determined
by the board to be the most advantageous reasonably obtainable.
(f) The resolution authorizing the issuance of the bonds may
contain provisions for redemption of the bonds before their
respective maturity dates at prices and times prescribed in the
resolution. Except for rights of redemption expressly reserved in
the resolution and in the revenue bonds, the bonds are not subject
to redemption before maturity.
(g) The bonds may be made payable at times and at places,
inside or outside the state, prescribed in the resolution.
(h) The bonds may be made registrable as to principal or as
to both principal and interest.
Sec. 324A.097. 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.098. REFUNDING BONDS. The district may issue
refunding bonds under Chapter 1207, Government Code.
Sec. 324A.099. REPAYMENT OF BONDS THROUGH FEE REVENUE. (a)
This section applies only to fees charged by the district while the
district has outstanding bonds or interest.
(b) The board shall charge or require the payment of fees
under Section 324A.092 or 324A.093 while the principal of or
interest on district bonds is outstanding.
(c) The board shall set the fees in amounts that will yield
revenues at least sufficient to pay district expenses, to comply
with the covenants in the bond resolution, and to make payments
prescribed by the bond resolution for debt service. "Debt
service," as defined by the bond resolution, may include the
payment of principal and interest as each matures, the
establishment and maintenance of funds for extensions and
improvements, an operating reserve, and an interest and sinking
fund reserve.
(d) The expense of operation and maintenance of a district
facility is a first lien on and charge against the income of the
facility if the facility's revenues are pledged to the payment of
bonds.
Sec. 324A.100. 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.
(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 a
commissioners court the appropriation of additional money for those
expenses.
Sec. 324A.101. 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
district facility or road that leads to or is in the district;
(3) 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) acquiring insurance for the district;
(7) hiring necessary personnel as provided by Section
324A.062;
(8) construction of facilities to house district
personnel and equipment;
(9) leasing of property as necessary to benefit the
district; and
(10) any other lawful purpose for the benefit of the
district.
Sec. 324A.102. 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 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 by reference to county election
precinct boundaries, by metes and bounds, by lot and block number if
there is a recorded map or plat and survey of the area, or by other
sufficient legal description.
(c) The petition must be signed by at least one percent of
the registered voters in the area proposed for annexation.
(d) The board shall give notice of a hearing on the petition
and hold a hearing in the manner prescribed by Section 324A.022 for
a commissioners court hearing.
(e) After holding the hearing, the board may by order annex
the area only if the board finds that the annexation promotes the
purposes for which the district was created.
(f) If the board annexes territory into the district located
in a county other than the counties in which the district was
located on the date of the district's creation, the commissioners
court of the new county is not entitled to appoint members to the
district's board, disapprove board actions, or otherwise
participate in the governance of the district.
Sec. 324A.122. EFFECT OF INCORPORATION OR ANNEXATION. The
incorporation of a political subdivision or the annexation of any
part of a district by a political subdivision does not affect the
district's boundaries.
Sec. 324A.123. DISANNEXATION. (a) The voters of or county
commissioners for any area in a district may file a petition with
the board to disannex the area from the district.
(b) The petition must contain an accurate description of the
area proposed for disannexation by reference to county election
precinct boundaries, by metes and bounds, by lot and block number if
there is a recorded map or plat and survey of the area, or by other
sufficient legal description.
(c) The petition must be signed by at least one percent of
the registered voters in the area proposed for disannexation or by
each county commissioner for the area proposed for disannexation.
(d) The board shall give notice of a hearing on the petition
and hold a hearing in the manner prescribed by Section 324A.022 for
a commissioners court hearing.
(e) The board may grant the petition and by order disannex
the territory if the board finds that:
(1) the petition meets the requirements of this
section;
(2) the district has not acquired or constructed a
permanent improvement or facility in the area proposed for
disannexation;
(3) 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
(4) the disannexation is in the district's best
interests.
(f) Except as provided by Section 324A.125(d), if the Parks
and Wildlife Department creates a state park that includes
territory in the district, the board shall by order disannex the
overlapping territory from the district.
(g) The disannexation takes effect on the date stated by the
order or, if the order does not state a date, on the date the order
is issued.
Sec. 324A.124. DISSOLUTION OF DISTRICT BY COMMISSIONERS
COURTS. (a) The commissioners courts of each county in which the
district is located by joint order may dissolve the district. The
order may be adopted:
(1) on a motion by a commissioners court; or
(2) after the filing of a written petition with each
county in which the district is located signed by a number of the
registered voters who reside in the district equal to at least 10
percent of the votes received in the district in the most recent
gubernatorial general election.
(b) Each commissioners court that receives a petition shall
give notice of a hearing on the petition or motion and hold a
hearing in the manner prescribed by Section 324A.022.
(c) The commissioners courts shall jointly grant a petition
and order the dissolution of the district if the courts find that
the petition, if any, meets the requirements of this section and
that the dissolution is in the best interests of the counties.
Sec. 324A.125. DISSOLUTION OF DISTRICT BY BOARD. (a) The
board may by order dissolve the district. The order may be adopted:
(1) on the board's own motion; or
(2) after the filing of a written petition signed by a
number of the registered voters who reside in the district equal to
at least 10 percent of the votes received in the district in the
most recent gubernatorial general election.
(b) The board shall give notice of a hearing on the petition
or motion and hold a hearing in the manner prescribed by Section
324A.022 for a commissioners court hearing.
(c) After the hearing, the board shall order the dissolution
of the district if the board finds that the petition, if any, meets
the requirements of this section and that the dissolution is in the
best interests of the counties in which the district is located.
(d) The board shall by order dissolve the district if the
Parks and Wildlife Department creates a state park that includes:
(1) all of the district's territory located in one of
the counties in which the district is located; or
(2) all of the district's territory.
Sec. 324A.126. DISPOSITION OR TRANSFER OF DISTRICT ASSETS.
(a) If the district is dissolved, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to both of
the counties in which the district is located; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the district makes the transfer under Subsection
(a)(1), the receiving counties assume the debts and obligations of
the district at the time of the transfer, and the district is
dissolved.
(c) If Subsection (a)(1) does not apply and the board
administers the property, assets, and debts of the district under
Subsection (a)(2), the district is dissolved when all money has
been disposed of and all district debts have been paid or settled.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 324A.901. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED
RECREATIONAL EQUIPMENT. (a) This section applies only to the
rental of water-oriented recreational equipment in a district.
(b) A person may rent water-oriented recreational equipment
only if each person who will use the equipment is listed on a
written agreement for the rental of that equipment.
SECTION 2. This Act takes effect September 1, 2015.