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) | ||
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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. |