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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and operation of a park and recreation |
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district in a county with frontage on the San Marcos River and to |
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the authority of the district to collect fees; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Local Government Code, is |
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amended by adding Chapter 324A to read as follows: |
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CHAPTER 324A. PARK AND RECREATION DISTRICTS IN COUNTIES WITH |
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FRONTAGE ON SAN MARCOS RIVER |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 324A.001. ELIGIBLE COUNTIES. In a county that has |
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river frontage on the San Marcos River and a population of more than |
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35,000 but not more than 100,000, a district may be created for all |
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or part of the unincorporated area in the county to: |
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(1) improve, equip, maintain, finance, and operate any |
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public park located in the district and owned or leased by the |
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county; |
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(2) conserve the natural resources in the district; |
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and |
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(3) improve the public health, safety, and welfare in |
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the district. |
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Sec. 324A.002. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of a park and |
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recreation district. |
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(2) "District" means a park and recreation district |
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created under this chapter. |
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(3) "District facility" includes any facility, land, |
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or improvement to land, whether permanent or temporary, that is |
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owned, leased, or acquired by the district. |
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(4) "Fee" includes a toll or any other charge. |
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(5) "Recreational vehicle" has the meaning assigned by |
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Section 522.004(b), Transportation Code. |
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(6) "Recreational vehicle park" means property on |
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which utility service connections are made for recreational vehicle |
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transient guest use and for which fees are paid at intervals of one |
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day or longer. |
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SUBCHAPTER B. CREATION OF PARK AND RECREATION DISTRICT |
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Sec. 324A.021. ORDER OF ELECTION. (a) The commissioners |
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court of the county may order an election on the issue of the |
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creation of a district: |
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(1) on the commissioners court's own motion; or |
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(2) after the filing of a written petition signed by a |
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number of the registered voters who reside in the county equal to at |
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least five percent of the votes received in the county in the most |
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recent gubernatorial general election. |
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(b) The petition or commissioners court's motion must |
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include: |
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(1) the name of the proposed district; |
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(2) an accurate description of the area to be included |
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in the district by metes and bounds and by public roads or |
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rights-of-way; and |
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(3) an accurate plat of the area to be included in the |
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district. |
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Sec. 324A.022. NOTICE OF HEARING. (a) After the filing of |
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the petition, the commissioners court shall set a date for a hearing |
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on the petition that is after the 20th day but on or before the 40th |
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day after the date the petition is filed. |
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(b) The commissioners court shall publish notice of the |
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petition and the hearing date in a newspaper of general circulation |
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in the county. |
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(c) The notice must be published once each week for a period |
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of two weeks before the hearing date. |
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Sec. 324A.023. HEARING. (a) At the hearing, evidence |
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shall be taken as in civil cases in the county court. The |
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commissioners court shall hear all arguments for and against the |
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creation of the district. |
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(b) The hearing may be adjourned from time to time on good |
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cause shown. |
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(c) The commissioners court shall grant the petition and |
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order the election on the issue of the creation of the district if |
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the court finds that: |
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(1) the petition is signed by the required number of |
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registered voters in the county; |
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(2) the district will serve the purposes prescribed by |
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Section 324A.001; and |
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(3) the district does not include any incorporated |
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area. |
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Sec. 324A.024. CREATION ELECTION. (a) The election shall |
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be held on the date of the first regularly scheduled countywide |
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election that follows the date of the order of the election and for |
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which there is sufficient time to comply with other requirements of |
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law. |
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(b) The returns on the election shall be certified and the |
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results declared in the same manner as provided for other county |
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elections. If a majority of the votes received on the issue favor |
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creation of the district, the commissioners court shall declare the |
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district created and shall enter the results in the commissioners |
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court's minutes at the commissioners court's next regularly |
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scheduled meeting. |
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Sec. 324A.025. COSTS OF CREATION AND ORGANIZATION. The |
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costs necessarily incurred in the creation and organization of the |
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district may be paid from the district's revenue from any source. |
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SUBCHAPTER C. BOARD OF DIRECTORS OF PARK AND RECREATION DISTRICT |
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Sec. 324A.041. COMPOSITION AND APPOINTMENT OF BOARD. |
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(a) A district is governed by a board composed of seven members. |
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(b) The commissioners court shall appoint the members of the |
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board. |
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(c) A board member must be a citizen of the United States and |
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must reside in the county. Four of the board members must reside, |
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own property, or own a business in the district. One board member |
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must live outside the district. |
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(d) A board member may not be an officer or employee of the |
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county in which the district is created or of a municipality in that |
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county. |
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(e) Three members of the initial board serve one-year terms |
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and four members serve two-year terms. The members shall draw lots |
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to determine who serves the one-year terms. Thereafter, each |
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director is appointed for a term of two years from the date of the |
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director's appointment. |
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(f) If a vacancy occurs on the board, the commissioners |
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court shall appoint a person to fill the vacancy for the unexpired |
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term. |
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(g) The commissioners court shall file a certificate of the |
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appointment of each board member with the county clerk. The |
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certificate is conclusive evidence of the proper appointment of the |
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board member. |
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(h) A board member may not serve more than four consecutive |
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full terms. |
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Sec. 324A.042. OATH AND BOND. (a) Not later than the 30th |
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day after the date a board member is appointed, the member must |
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qualify by taking the official oath and by filing a good and |
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sufficient bond with the county clerk. |
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(b) The bond must be: |
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(1) payable to the order of the commissioners court; |
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(2) payable in an amount prescribed by the |
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commissioners court of $5,000 or more; and |
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(3) conditioned that the board member will faithfully |
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perform the duties of a board member, including the proper handling |
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of all money that comes into the board member's hands in the board |
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member's official capacity. |
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Sec. 324A.043. COMPENSATION AND REIMBURSEMENT. A board |
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member is not entitled to compensation but is entitled to |
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reimbursement for necessary expenses, including travel expenses, |
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incurred in performing the duties of a board member. A board |
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member's reimbursement for necessary expenses in excess of $250 |
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must be approved by the commissioners court. A board member's |
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approved expense account shall be paid in due time by the board's |
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check or warrant. |
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Sec. 324A.044. QUORUM; MAJORITY VOTE. Four board members |
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constitute a quorum of the board. The board may act on the majority |
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of the vote of the assembled quorum. |
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Sec. 324A.045. APPROVAL OF COMMISSIONERS COURT. (a) The |
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board is subject to the supervision of the commissioners court in |
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the exercise of all the board's rights, powers, and privileges and |
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in the performance of the board's duties. |
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(b) Not later than the 30th day after the date the board |
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acts, the commissioners court may approve or disapprove the board's |
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action. If the court disapproves the act, the act is ineffective. |
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Otherwise, the act becomes effective on the earlier of the date the |
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commissioners court approves the act or the 31st day after the date |
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the board acted. |
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Sec. 324A.046. ORGANIZATION; MEETINGS. (a) Annually, the |
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board shall elect a president, a vice president, a secretary, and a |
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treasurer, except that the first president shall be designated by |
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the commissioners court at the time of the appointment of the first |
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board. |
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(b) The offices of secretary and treasurer may be held by |
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the same person. If either the secretary or the treasurer is absent |
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or unavailable, the president may appoint another board member to |
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act for and perform the duties of the absent or unavailable officer. |
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(c) The board shall set times for and hold regular meetings. |
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On the request of two or more board members, the board may hold a |
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special meeting at other times as necessary. |
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(d) The board shall hold meetings at a public place in a |
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county in which at least part of the district is located. |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 324A.061. DEPOSITORIES AND DISBURSEMENTS. (a) Money |
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and other funds belonging to or under control of the board are |
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public funds. |
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(b) The board shall select depositories for the money. |
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(c) A warrant or check for the withdrawal of money must be |
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signed by two persons authorized to sign a warrant or check by |
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resolution entered in the board's minutes. |
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Sec. 324A.062. PERSONNEL. (a) The board may employ a |
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manager, secretary, stenographer, bookkeeper, accountant, and |
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technical expert and any other support personnel or agent the board |
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considers necessary. |
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(b) The board shall determine the qualifications and set the |
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duties of employees. |
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(c) The board may call on the county attorney, district |
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attorney, or criminal district attorney for the legal services the |
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board requires. The board may contract for and compensate the |
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board's own legal staff. |
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Sec. 324A.063. SEAL. The board shall adopt a seal to place |
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on each lease, deed, or other instrument usually executed under |
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seal and on other instruments as the board requires. |
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Sec. 324A.064. CONTRACTS. (a) The board may enter into |
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any contract that the board considers necessary or convenient to |
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carry out the purposes and powers granted by this chapter, |
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including a lease or other contract connected with, incident to, or |
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affecting the acquisition, financing, construction, equipment, |
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maintenance, renovation, repair, improvement, or operation of real |
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property or facilities. |
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(b) If the contract is for an amount less than or equal to |
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the amount prescribed by Section 262.023, the board may enter into |
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the contract without advertisement. If the contract is for more |
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than that amount, the contract is subject to the bidding provisions |
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applicable to county contracts. |
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(c) To be effective, a contract must be: |
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(1) approved by board resolution; |
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(2) executed by the president or vice president; and |
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(3) attested by the secretary or treasurer. |
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Sec. 324A.065. SUITS. The board may sue and be sued in the |
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board's own name. |
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Sec. 324A.066. DISTRICT RULES AND ORDINANCES; CRIMINAL |
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PENALTY; CIVIL ENFORCEMENT. (a) The board may adopt reasonable |
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rules and ordinances applicable to: |
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(1) the administration, enforcement, and collection |
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of district fees and the issuance, suspension, and cancellation of |
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revenue permits; |
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(2) littering and litter abatement on public water in |
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the district, including the possession and disposition of plastic |
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containers of not more than two ounces and glass containers; |
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(3) activities that endanger the health and safety of |
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persons or property on public water in the district, subject to the |
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public's paramount right to navigate inland water; and |
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(4) tenants, business privileges, concessionaires, |
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users, and activities affecting district property and facilities, |
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including hunting, fishing, boating, camping, tubing, swimming, |
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and conservation of natural resources. |
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(b) The board may not prohibit the possession of 12-ounce |
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aluminum cans. |
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(c) A police officer, constable, sheriff, or other law |
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enforcement officer with jurisdiction in the county may arrest |
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persons violating board rules or ordinances and carry out the |
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prosecution of those persons in the proper court. |
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(d) A person who violates a rule or ordinance adopted under |
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this section commits an offense. An offense under this subsection |
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is a Class C misdemeanor punishable by: |
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(1) a fine not to exceed $500 for a violation of a rule |
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or ordinance not described by Subsection (a)(2); and |
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(2) a fine not to exceed $1,000 for a violation of a |
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rule or ordinance described by Subsection (a)(2). |
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(e) The county attorney, the district attorney, the |
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criminal district attorney, or an attorney retained by the board |
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for this purpose may bring an action to enjoin a violation of board |
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rules or ordinances and, if the board authorizes, may seek damages |
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and attorney's fees based on the violation, if the violation |
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involves: |
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(1) the providing or offering of a service or the use |
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or rental of a facility or an item for remuneration by a person who |
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does not hold a revenue permit issued by the district or for which |
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collection of a fee is required; |
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(2) the failure of a revenue permit holder to remit a |
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fee imposed if the fee has been due for more than 60 days; or |
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(3) the violation by a revenue permit holder of a |
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district rule or ordinance relating to an activity that endangers |
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the health or safety of a person or property in the district. |
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Sec. 324A.067. BOND. If the board brings an action to |
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enforce this subchapter or enjoin a violation of a rule or ordinance |
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adopted by the board under this subchapter, the board is not |
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required to post a bond. |
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Sec. 324A.068. POWER TO ACQUIRE PROPERTY. (a) For the |
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conservation of the natural resources of the county, the board may |
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acquire land in the county, in or outside the district, including a |
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stream, a lake, submerged land, and swampland, to create parks. The |
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board may develop, improve, protect, and promote the land in a |
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manner the board considers conducive to the general welfare. |
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(b) The land may be acquired by: |
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(1) gift or devise; |
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(2) lump-sum payment; or |
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(3) installment payments with or without option to |
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purchase. |
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(c) The district does not have the power of eminent domain. |
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(d) The commissioners court by eminent domain may not |
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acquire land for park purposes after August 31, 2013, and |
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subsequently transfer by any means the land or control of the land |
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to the board for park purposes or other purposes. If the |
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commissioners court by eminent domain acquires land for purposes |
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other than park purposes after August 31, 2013, the court may not |
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transfer by any means the land or control of the land to the board |
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for park purposes or other purposes before the 10th anniversary of |
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the date the court acquired the land. |
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Sec. 324A.069. SALE OR LEASE OF LANDS. (a) If the board |
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determines that any land owned by the district is not necessary for |
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the purposes for which the land was acquired, the board may sell and |
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dispose of the land on terms the board considers advisable. |
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(b) The board may lease or permit the use of land for |
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purposes consistent with the purposes for which the land was |
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acquired and on terms the board considers advisable. |
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(c) Before land owned by the district may be sold, once a |
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week for four consecutive weeks in a newspaper of general |
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circulation in the county, the board must publish a notice of the |
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board's intention to sell the land. The notice must include an |
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accurate description of the land, the time of a public hearing that |
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is not later than the 10th day before the disposition date, and the |
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time and place at which sealed bids will be received. |
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Sec. 324A.070. GRANTS AND GRATUITIES. To promote, |
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establish, or accomplish a purpose of this chapter, the board may: |
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(1) accept grants and gratuities in any form from any |
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source, including the United States government, this state, any |
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state or federal agency, any private or public corporation, or any |
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other person; |
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(2) accept donations of money or other property; and |
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(3) act as trustee of land, money, or other property. |
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Sec. 324A.071. COOPERATION WITH OTHER PUBLIC AUTHORITIES. |
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Under an agreement with a public authority in control of parkland in |
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the county, the district may assume control of all or part of the |
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parkland in the district or contiguous to the district or may |
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contract or cooperate with the public authority in connection with |
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the use, development, improvement, and protection of the parkland. |
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Sec. 324A.072. IMPROVEMENT OF PUBLIC HIGHWAY. The board |
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may enter into an agreement with a public authority in control of a |
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highway in a park area or connecting two or more park areas to make |
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alterations in the route or width of the highway or to grade, drain, |
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pave, or otherwise improve the highway. |
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Sec. 324A.073. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL |
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BUDGET; FILING. (a) The board shall develop and approve a |
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three-year master plan for capital development and the development |
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of parks and district facilities. |
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(b) The board shall annually review and revise the master |
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plan during the budget process and shall file a copy of the master |
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plan and revisions with the county clerk. |
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(c) The board shall annually develop and approve a one-year |
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budget that must include the suggested revisions and additions to |
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the master plan. |
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(d) The board shall submit the annual budget to the |
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commissioners court for approval and shall file a copy with the |
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county clerk. |
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Sec. 324A.074. PERMANENT IMPROVEMENTS ON LAND WITH RIVER |
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FRONTAGE. (a) The district may not purchase a river access |
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location except for use as: |
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(1) a sanitary facility; |
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(2) a litter receptacle; |
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(3) a drinking water facility; |
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(4) a parking lot; |
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(5) a road or trail; |
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(6) a river ingress or egress facility; |
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(7) an information booth; |
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(8) a fee collection facility; |
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(9) a visitor's center; or |
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(10) a district office. |
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(b) At a river access location permitted under this section, |
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the district may not engage in any activity that competes with |
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private enterprise except for the provision and operation of a |
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permanent improvement permitted under this section. |
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(c) Subject to the restrictions provided by Section |
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324A.068(d), the district may accept as a grant, gratuity, gift, or |
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devise land with river access and any improvement that may exist on |
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the land at the time of the gift. |
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SUBCHAPTER E. FEES AND FINANCIAL PROVISIONS |
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Sec. 324A.091. NO AD VALOREM TAXES OR BONDS. The district |
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may not impose an ad valorem tax or issue a bond. |
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Sec. 324A.092. FEES FOR USE OF DISTRICT FACILITY. (a) The |
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board may charge or require the payment of a fee for the use of a |
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district facility except a drinking water or sanitary facility. |
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(b) A fee assessed under this section must be equal and |
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uniform within classes defined by the board. |
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(c) Except as provided by a contract entered into by the |
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board, the board may determine the rate of fees charged for the use, |
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operation, or lease of district facilities, services, or equipment. |
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The fees must be in amounts that will produce revenue at least |
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sufficient to pay the expenses of operating and maintaining |
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district facilities. |
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Sec. 324A.093. FINANCIAL STATEMENT; BUDGET. (a) On or |
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before February 1 of each year, the board shall prepare and file |
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with the officer responsible for the county budget a complete |
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financial statement showing the financial status of the district |
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and the district's properties, funds, and indebtedness. |
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(b) The financial statement must be prepared in accordance |
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with standards adopted by the Governmental Accounting Standards |
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Board and must show separately all information concerning: |
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(1) leases, promissory notes, and other indebtedness |
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of the district; and |
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(2) fee revenue of the district. |
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(c) At the time the financial statement is filed, the board |
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shall file with the commissioners court a proposed budget of the |
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board's needs for the next fiscal year. The proposed budget shall |
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include items that: |
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(1) the board is unable to finance from the district's |
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revenues; and |
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(2) the board requests purchase of with county funds. |
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(d) The officer responsible for the county budget shall |
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include the district's proposed budget on the calendar for the next |
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regularly scheduled meeting of the commissioners court. As part of |
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the county's tentative budget, the items certified by the board are |
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subject to state law relating to county budgets. |
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(e) The county auditor may conduct a general audit and issue |
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a financial statement of the district at times the auditor |
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considers appropriate. |
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(f) The board shall operate the parks and facilities under |
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the board's control in a manner that will produce revenue at least |
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sufficient to pay the expenses of operating and maintaining the |
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district's parks and facilities without seeking from the |
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commissioners court the appropriation of additional money for those |
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expenses. |
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Sec. 324A.094. IMPOSITION AND COLLECTION OF FEES; CRIMINAL |
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PENALTY. (a) The district may collect fees and issue revenue |
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permits within the district to carry out any purposes prescribed by |
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this chapter and to pay the obligations of the district. |
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(b) The district may collect only the following fees: |
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(1) a fee, at a rate not greater than five percent |
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established by board resolution, imposed on each person who, under |
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a lease, concession, permit, right of access, license, contract, or |
|
agreement, pays $1 or more: |
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(A) for each day to rent a camping space, picnic |
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space, or parking space, if the space is not part of a recreational |
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vehicle park; |
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(B) for each day to rent a boat slip, dry boat |
|
storage, or fishing tackle; |
|
(C) for each day of recreational guide services; |
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or |
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(D) for an initiation or membership fee of a |
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private club or organization that provides water-oriented |
|
recreational equipment for use to a member; and |
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(2) a fee imposed by board resolution at a rate not |
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greater than $1 a person: |
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(A) for each rental of water-oriented |
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recreational equipment, including a canoe, tube, raft, boat, or |
|
kayak, intended for use on a river in the district; or |
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(B) if the person does not rent equipment |
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described by Paragraph (A), for each person using shuttle service |
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in the district, including for river ingress and egress. |
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(c) A fee imposed under this section is payable by the |
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purchaser or consumer of the item subject to the fee, except that, |
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if the person responsible for collecting the fee does not comply |
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with this chapter by collecting and remitting the fee to the |
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district, the person responsible for collecting the fee is liable |
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for the fee. |
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(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 |
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holds a revenue permit issued by the district shall collect the fees |
|
imposed under this section and shall report and remit the collected |
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fees to the district as the district requires. |
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(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 |
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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. |
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(f) Delinquent fees and accrued penalties draw interest at |
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the rate of 10 percent a year beginning on the 60th day after the |
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date the fees were due. |
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(g) If a revenue permit holder does not collect and remit a |
|
fee imposed, the board may suspend, revoke, or cancel the holder's |
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revenue permit and pursue any other remedy the district may have to |
|
collect the fee under civil or criminal law. |
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(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 |
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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 that leads to or is in the district; |
|
(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 September 1, 2013. |