Bill Text: TX HB74 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-14 - Filed [HB74 Detail]
Download: Texas-2013-HB74-Introduced.html
| By: Kleinschmidt | H.B. No. 74 | |
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| 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. | ||
