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H.B. No. 422
AN ACT
relating to park and recreation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 324.046(d), Local Government Code, is
amended to read as follows:
(d) The board shall hold its meetings at a public place in a
county in which at least part of the district is located.
SECTION 2. Section 324.062(a), Local Government Code, is
amended to read as follows:
(a) The board may employ managers, secretaries,
stenographers, bookkeepers, accountants, technical experts, and
any other support personnel or agents the board considers necessary
[permanent or temporary agents and employees it requires].
SECTION 3. Section 324.064(b), Local Government Code, is
amended to read as follows:
(b) If the contract is for an amount [$15,000 or] less than
or equal to the amount in Section 262.023, the board may enter into
the contract without advertisement. If the contract is for more
than that amount [$15,000], the contract is subject to the bidding
provisions for contracts applicable to the county.
SECTION 4. Section 324.095(a), Local Government Code, is
amended to read as follows:
(a) Through revenue bonds or any other revenue sources, the
district may not purchase a river access location except for use as
a:
(1) sanitary facility;
(2) litter receptacle;
(3) drinking water facility;
(4) parking lot;
(5) road or trail;
(6) river ingress or egress facility;
(7) information booth; [or]
(8) tax collection facility;
(9) visitor's center; or
(10) district office.
SECTION 5. Section 324.099(b), Local Government Code, is
amended to read as follows:
(b) The taxes that a district may levy apply only within the
district and are:
(1) a tax, at a rate not greater than five percent
established by resolution of the board, 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:
(i) a camping space;
(ii) a picnic space;
(iii) a parking space;
(iv) a boat slip or dry boat storage;
(v) fishing tackle; or
(vi) water-oriented recreational equipment
intended for use on a lake in the district, including a boat,
personal watercraft, windsurfer, or sailing craft;
(B) for each day of recreational guide services;
or
(C) for an initiation or membership fee of a
private club or organization that provides water-oriented
recreational equipment for use to a member;
(2) a tax imposed by resolution of the board at a rate
not greater than four percent on the cost of occupancy of a hotel if
the cost of occupancy is $2 or more each day; a tax is not imposed if
the accommodations are leased or contracted to one party for at
least 30 consecutive days; and
(3) a tax imposed by resolution of the board 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 is not renting equipment under
Paragraph (A), for each person using shuttle service in the
district, including for river ingress and egress.
SECTION 6. Section 324.100, Local Government Code, is
amended to read as follows:
Sec. 324.100. DISPOSITION OF REVENUE. In addition to any
other purpose or obligation of a district, a district may use its
tax 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) 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) contribution to the county's general fund in the
event that the board finds it has excess revenues;
(7) payment of indebtedness for bonds issued under
Sections 324.091 and 324.092;
(8) acquiring insurance for the district;
(9) hiring necessary personnel as provided by Section
324.062;
(10) construction of facilities to house district
personnel and equipment;
(11) leasing of property as necessary to benefit the
district; and
(12) [(10)] any other lawful purpose for the benefit
of the district.
SECTION 7. (a) The change in law made by this Act to a park
and recreation district's authority to enter into a contract
applies only to a contract entered into on or after the effective
date of this Act. A contract entered into before the effective date
of this Act is covered by the law as it existed at the time the
contract was entered into, and that law is continued in effect for
that purpose.
(b) The change in law made by this Act does not affect taxes
imposed before the effective date of this Act, and the law in effect
before the effective date of this Act is continued in effect for
purposes of the liability for and collection of those taxes.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 422 was passed by the House on April
14, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 422 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor