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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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