By: Zaffirini S.B. No. 965
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to designate a county
water recreation safety zone along certain rivers; authorizing a
fee.
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 328 to read as follows:
CHAPTER 328. COUNTY WATER RECREATION SAFETY ZONE ALONG CERTAIN
RIVERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 328.001. APPLICABILITY. This chapter applies only to
a county that borders or includes all or part of a river with
headwaters located on the campus of an institution of the Texas
State University System.
Sec. 328.002. DEFINITIONS. In this chapter:
(1) "Fee" means a county water recreation safety zone
fee authorized by Subchapter C.
(2) "Fund" means a county water recreation safety zone
fund created under Subchapter C.
(3) "Water-oriented recreational equipment" means
recreational equipment intended for use on a river or other body of
water, including a canoe, tube, raft, boat, or kayak.
(4) "Zone" means a county water recreation safety zone
designated under Subchapter B.
SUBCHAPTER B. DESIGNATION OF COUNTY WATER RECREATION SAFETY ZONE
Sec. 328.021. AUTHORITY TO DESIGNATE ZONE. (a) The
commissioners court of a county may designate a contiguous
geographic area located in the county that is adjacent to and
includes all or part of a river described by Section 328.001 as a
county water recreation safety zone.
(b) The commissioners court of a county may not designate a
zone under this subchapter unless the commissioners court first
complies with the requirements of Sections 328.023, 328.024,
328.025, and 328.026.
Sec. 328.022. PURPOSE OF ZONE. A county may designate a
zone only for the purpose of improving the public health, safety,
and welfare of:
(1) residents of the zone; and
(2) individuals who engage in recreational activities
in, on, or along a river described by Section 328.001 that is
located in the zone.
Sec. 328.023. PROPOSAL TO DESIGNATE ZONE. (a) The
commissioners court of a county:
(1) may propose the designation of a zone on the
commissioners court's own motion; and
(2) shall propose the designation of a zone if the
county clerk receives a written petition for the designation signed
by a number of registered voters of the county equal to at least
five percent of the votes received in the county in the most recent
gubernatorial general election.
(b) A proposal described by Subsection (a) must describe the
boundaries of the proposed zone with sufficient definiteness to
identify with ordinary and reasonable certainty the area included
in the zone.
Sec. 328.024. PRELIMINARY PLAN FOR FEES. Before conducting
a public hearing under Section 328.025, the commissioners court
must prepare a preliminary plan for the use of zone fees that the
county may impose.
Sec. 328.025. PUBLIC HEARING. (a) A commissioners court
that adopts a proposal to designate a zone must hold a public
hearing on the proposal and the preliminary plan for fees at which
members of the public are given the opportunity to be heard.
(b) The commissioners court must hold the hearing not
earlier than the 20th day or later than the 40th day after the date
the commissioners court adopts the proposal designating the zone.
(c) The county must publish notice of the public hearing in
a newspaper of general circulation in the county at least once each
week during the two weeks preceding the date of the hearing.
Sec. 328.026. ELECTION. (a) Following the public hearing
held under Section 328.025, the commissioners court shall order an
election on the question of designating the zone if the
commissioners court finds that the designation will serve the
purpose prescribed by Section 328.022.
(b) A commissioners court that orders an election under this
section must order the election to be held on the first uniform
election date that falls on or after the 78th day after the date the
public hearing is held.
(c) The order calling the election must allow voters in the
county to vote for or against the designation of the proposed zone.
(d) A county that holds an election under this section must
hold the election in the same manner as a general election of the
county.
Sec. 328.027. DESIGNATION OF ZONE. (a) The commissioners
court of a county in which the voters approve the designation of the
zone at an election held under this subchapter shall designate the
area as a zone.
(b) Not later than the fifth day after the date the
commissioners court adopts the order described by Section 328.026,
the county must send notice of the designation to the commissioners
court of each county authorized to designate a zone under this
chapter.
SUBCHAPTER C. COUNTY WATER RECREATION SAFETY ZONE FEE
Sec. 328.041. COUNTY WATER RECREATION SAFETY ZONE FEE.
(a) A commissioners court that has designated a zone under
Subchapter B may impose a county water recreation safety zone fee in
the zone as provided by this section.
(b) The commissioners court may impose the fee on:
(1) the rental of water-oriented recreational
equipment;
(2) the provision of shuttle service related to
water-oriented recreational activities:
(A) in the zone; or
(B) into or out of the zone; and
(3) a service for ingress or egress to a river
described by Section 328.001 that is located in the zone.
(c) The commissioners court may impose different fee rates
for different types of water-oriented recreational equipment or
services for which the county is authorized to impose the fee. The
commissioners court may not impose the fee at a rate greater than
four dollars per person for each:
(1) rental of water-oriented recreational equipment
in the zone; or
(2) if the person does not rent water-oriented
recreational equipment in the zone:
(A) use of a shuttle service described by
Subsection (b)(2); or
(B) service for ingress or egress to a river
described by Section 328.001 that is located in the zone.
(d) The commissioners court by order shall establish:
(1) procedures and deadlines for a person who collects
a fee under this subchapter to report and remit the fee;
(2) penalties and interest for failure to timely remit
a fee collected under this subchapter; and
(3) any other requirement necessary for the
administration of the fee imposed under this section.
Sec. 328.042. EXEMPTION. A county may not impose the fee
authorized by this subchapter on a transaction to which the United
States or this state is a party.
Sec. 328.043. COLLECTION AND REMITTANCE OF FEE. (a) A
person who rents water-oriented recreational equipment under
Section 328.041(b)(1) to another person or who provides a service
described by Section 328.041(b)(2) or (3) to that person shall
collect the fee imposed under this subchapter from the other person
and shall report and remit the fee to the county in the manner
prescribed by the county.
(b) A person responsible for collecting the fee is liable to
the county for the amount of the fee required to be collected under
this section.
Sec. 328.044. COUNTY WATER RECREATION SAFETY ZONE FUND.
(a) A county in which the commissioners court has designated a
zone under Subchapter B must create and maintain a county water
recreation safety zone fund as a separate account in a depository
authorized to accept deposits of county public funds.
(b) The county shall deposit all fee revenue remitted to the
county under this subchapter to the credit of the fund.
(c) A county may not use fee revenue deposited to the credit
of the fund for a purpose other than the purpose prescribed by
Section 328.045.
Sec. 328.045. USE OF FEE REVENUE. A county may use fee
revenue deposited in the fund only to employ or contract with
additional peace officers, as defined by Article 2.12, Code of
Criminal Procedure, to provide law enforcement in the zone.
SUBCHAPTER D. DISSOLUTION OF ZONE
Sec. 328.061. DISSOLUTION OF ZONE. (a) The commissioners
court of a county that has designated a zone under Subchapter B:
(1) may propose the dissolution of the zone on the
commissioners court's own motion; and
(2) shall propose the dissolution of the zone if the
county clerk receives a written petition for the dissolution of the
zone signed by a number of the registered voters of the county equal
to at least 10 percent of the votes received in the county in the
most recent gubernatorial general election.
(b) A commissioners court that adopts a proposal for the
dissolution of a zone must hold a public hearing on the proposal in
the manner prescribed by Section 328.025.
(c) After the public hearing, the commissioners court shall
order the dissolution of the zone if the commissioners court finds
that the dissolution is in the best interest of the county.
SUBCHAPTER E. EXPIRATION OF AUTHORITY TO DESIGNATE ZONE
Sec. 328.081. EXPIRATION OF AUTHORITY TO DESIGNATE ZONE. A
commissioners court may not designate a zone under this chapter
after August 31, 2019, if the commissioners court has not
designated a zone before that date.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.