Bill Text: TX SB965 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the authority of certain counties to designate a county water recreation safety zone along certain rivers; authorizing a fee.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2017-05-21 - Committee report sent to Calendars [SB965 Detail]

Download: Texas-2017-SB965-Comm_Sub.html
 
 
  By: Zaffirini S.B. No. 965
 
  (Cyrier)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain counties to designate a county
  water recreation safety zone along certain rivers; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 10, Local Government Code, is
  amended by adding Chapter 328 to read as follows:
  CHAPTER 328.  COUNTY WATER RECREATION SAFETY ZONE ALONG CERTAIN
  RIVERS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 328.001.  APPLICABILITY. This chapter applies only to
  a county that borders or includes all or part of a river with
  headwaters located on the campus of an institution of the Texas
  State University System.
         Sec. 328.002.  DEFINITIONS. In this chapter:
               (1)  "Fee" means a county water recreation safety zone
  fee authorized by Subchapter C.
               (2)  "Fund" means a county water recreation safety zone
  fund created under Subchapter C.
               (3)  "Water-oriented recreational equipment" means
  recreational equipment intended for use on a river or other body of
  water, including a canoe, tube, raft, boat, or kayak.
               (4)  "Zone" means a county water recreation safety zone
  designated under Subchapter B.
  SUBCHAPTER B.  DESIGNATION OF COUNTY WATER RECREATION SAFETY ZONE
         Sec. 328.021.  AUTHORITY TO DESIGNATE ZONE.  (a)  The
  commissioners court of a county may designate a contiguous
  geographic area located in the county that is adjacent to and
  includes all or part of a river described by Section 328.001 as a
  county water recreation safety zone.
         (b)  The commissioners court of a county may not designate a
  zone under this subchapter unless the commissioners court first
  complies with the requirements of Sections 328.023, 328.024,
  328.025, and 328.026.
         Sec. 328.022.  PURPOSE OF ZONE. A county may designate a
  zone only for the purpose of improving the public health, safety,
  and welfare of:
               (1)  residents of the zone; and
               (2)  individuals who engage in recreational activities
  in, on, or along a river described by Section 328.001 that is
  located in the zone.
         Sec. 328.023.  PROPOSAL TO DESIGNATE ZONE. (a)  The
  commissioners court of a county:
               (1)  may propose the designation of a zone on the
  commissioners court's own motion; and
               (2)  shall propose the designation of a zone if the
  county clerk receives a written petition for the designation signed
  by a number of registered voters of the county equal to at least
  five percent of the votes received in the county in the most recent
  gubernatorial general election. 
         (b)  A proposal described by Subsection (a) must describe the
  boundaries of the proposed zone with sufficient definiteness to
  identify with ordinary and reasonable certainty the area included
  in the zone.
         Sec. 328.024.  PRELIMINARY PLAN FOR FEES.  Before conducting
  a public hearing under Section 328.025, the commissioners court
  must prepare a preliminary plan for the use of zone fees that the
  county may impose.
         Sec. 328.025.  PUBLIC HEARING. (a)  A commissioners court
  that adopts a proposal to designate a zone must hold a public
  hearing on the proposal and the preliminary plan for fees at which
  members of the public are given the opportunity to be heard. 
         (b)  The commissioners court must hold the hearing not
  earlier than the 20th day or later than the 40th day after the date
  the commissioners court adopts the proposal designating the zone.
         (c)  The county must publish notice of the public hearing in
  a newspaper of general circulation in the county at least once each
  week during the two weeks preceding the date of the hearing.
         Sec. 328.026.  ELECTION. (a)  Following the public hearing
  held under Section 328.025, the commissioners court shall order an
  election on the question of designating the zone if the
  commissioners court finds that the designation will serve the
  purpose prescribed by Section 328.022.
         (b)  A commissioners court that orders an election under this
  section must order the election to be held on the first uniform
  election date that falls on or after the 78th day after the date the
  public hearing is held.
         (c)  The order calling the election must allow voters in the
  county to vote for or against the designation of the proposed zone.
         (d)  A county that holds an election under this section must
  hold the election in the same manner as a general election of the
  county.
         Sec. 328.027.  DESIGNATION OF ZONE. (a)  The commissioners
  court of a county in which the voters approve the designation of the
  zone at an election held under this subchapter shall designate the
  area as a zone.
         (b)  Not later than the fifth day after the date the
  commissioners court adopts the order described by Section 328.026,
  the county must send notice of the designation to the commissioners
  court of each county authorized to designate a zone under this
  chapter.
  SUBCHAPTER C.  COUNTY WATER RECREATION SAFETY ZONE FEE
         Sec. 328.041.  COUNTY WATER RECREATION SAFETY ZONE FEE.
  (a)  A commissioners court that has designated a zone under
  Subchapter B may impose a county water recreation safety zone fee in
  the zone as provided by this section.
         (b)  The commissioners court may impose the fee on:
               (1)  the rental of water-oriented recreational
  equipment;
               (2)  the provision of shuttle service related to
  water-oriented recreational activities:
                     (A)  in the zone; or
                     (B)  into or out of the zone; and
               (3)  a service for ingress or egress to a river
  described by Section 328.001 that is located in the zone.
         (c)  The commissioners court may impose different fee rates
  for different types of water-oriented recreational equipment or
  services for which the county is authorized to impose the fee.  The
  commissioners court may not impose the fee at a rate greater than
  four dollars per person for each:
               (1)  rental of water-oriented recreational equipment
  in the zone; or
               (2)  if the person does not rent water-oriented
  recreational equipment in the zone:
                     (A)  use of a shuttle service described by
  Subsection (b)(2); or
                     (B)  service for ingress or egress to a river
  described by Section 328.001 that is located in the zone.
         (d)  The commissioners court by order shall establish:
               (1)  procedures and deadlines for a person who collects
  a fee under this subchapter to report and remit the fee;
               (2)  penalties and interest for failure to timely remit
  a fee collected under this subchapter; and
               (3)  any other requirement necessary for the
  administration of the fee imposed under this section.
         Sec. 328.042.  EXEMPTION. A county may not impose the fee
  authorized by this subchapter on a transaction to which the United
  States or this state is a party.
         Sec. 328.043.  COLLECTION AND REMITTANCE OF FEE. (a)  A
  person who rents water-oriented recreational equipment under
  Section 328.041(b)(1) to another person or who provides a service
  described by Section 328.041(b)(2) or (3) to that person shall
  collect the fee imposed under this subchapter from the other person
  and shall report and remit the fee to the county in the manner
  prescribed by the county. 
         (b)  A person responsible for collecting the fee is liable to
  the county for the amount of the fee required to be collected under
  this section.
         Sec. 328.044.  COUNTY WATER RECREATION SAFETY ZONE FUND.
  (a)  A county in which the commissioners court has designated a
  zone under Subchapter B must create and maintain a county water
  recreation safety zone fund as a separate account in a depository
  authorized to accept deposits of county public funds. 
         (b)  The county shall deposit all fee revenue remitted to the
  county under this subchapter to the credit of the fund. 
         (c)  A county may not use fee revenue deposited to the credit
  of the fund for a purpose other than the purpose prescribed by
  Section 328.045.
         Sec. 328.045.  USE OF FEE REVENUE. A county may use fee
  revenue deposited in the fund only to employ or contract with
  additional peace officers, as defined by Article 2.12, Code of
  Criminal Procedure, to provide law enforcement in the zone. 
  SUBCHAPTER D.  DISSOLUTION OF ZONE
         Sec. 328.061.  DISSOLUTION OF ZONE. (a)  The commissioners
  court of a county that has designated a zone under Subchapter B:
               (1)  may propose the dissolution of the zone on the
  commissioners court's own motion; and
               (2)  shall propose the dissolution of the zone if the
  county clerk receives a written petition for the dissolution of the
  zone signed by a number of the registered voters of the county equal
  to at least 10 percent of the votes received in the county in the
  most recent gubernatorial general election.
         (b)  A commissioners court that adopts a proposal for the
  dissolution of a zone must hold a public hearing on the proposal in
  the manner prescribed by Section 328.025.
         (c)  After the public hearing, the commissioners court shall
  order the dissolution of the zone if the commissioners court finds
  that the dissolution is in the best interest of the county.
  SUBCHAPTER E.  EXPIRATION OF AUTHORITY TO DESIGNATE ZONE
         Sec. 328.081.  EXPIRATION OF AUTHORITY TO DESIGNATE ZONE. A
  commissioners court may not designate a zone under this chapter
  after August 31, 2019, if the commissioners court has not
  designated a zone before that date.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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