reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 322 - Joint Parks Board and Park Bonds: Adjacent Counties With Populations of 2.1 Million or More › Subchapter D. Revenue Bonds › Section 322.075. Fees and Revenue

Sec. 322.075.  FEES AND REVENUE.  (a)  In this section, "fee" includes a fee, charge, or toll.
(b)  The expense of operation and maintenance of facilities the revenues of which are pledged to the payment of bonds are a first lien on and charge against the income of the facilities.  If any of the bonds or interest remains outstanding, the board shall charge or require the payment of fees for the use of the facilities.  The board shall determine the rate of fees charged by it for the use, operation, or lease of the facilities.  Fees must be equal and uniform within the classes defined by the board and must be in amounts that will yield revenues at least sufficient to pay the expenses of operation and maintenance and to make the payment prescribed in the resolution for debt service.  "Debt service," as defined in the resolution, may include the payment of principal and interest as each matures, the establishment and maintenance of funds for extensions and improvements, an operating reserve, and an interest and sinking fund reserve.
(c)  The board shall fix the fees in amounts that are sufficient to comply with the covenants in the resolution and with this chapter.
(d)  If part of the security for the bonds consists of money to be received by the board as consideration for facilities belonging to the board but operated by a person other than the board under a lease or operating contract, the board shall fix and authorize fees to be charged by the person for services rendered by the facilities.  The fees must be in amounts at least sufficient to assure receipt by the board of money that the board is committed to pay from that source for debt service under the terms of the resolution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 322 - Joint Parks Board and Park Bonds: Adjacent Counties With Populations of 2.1 Million or More › Subchapter D. Revenue Bonds › Section 322.076. Refunding Bonds

Sec. 322.076.  REFUNDING BONDS.  (a)  Fully negotiable bonds may be issued by resolution of the board for the purpose of refunding bonds issued under this chapter.
(b)  The refunding bonds may be secured in the manner provided by this chapter for securing original bonds.
(c)  Refunding bonds may be sold and the proceeds used to retire the original bonds, or may be used in exchange for the original bonds, as provided in the resolution authorizing their issuance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 322 - Joint Parks Board and Park Bonds: Adjacent Counties With Populations of 2.1 Million or More › Subchapter D. Revenue Bonds › Section 322.077. Bonds Not State or County Debt

Sec. 322.077.  BONDS NOT STATE OR COUNTY DEBT.  (a)  The bonds are not a debt of either of the counties, of this state, or of the individual members of the board, but are payable solely from the income and properties of the board.
(b)  Each bond must contain on its face substantially the following provision:  "The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation."
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.001. Establishment and Maintenance

Sec. 323.001.  ESTABLISHMENT AND MAINTENANCE.  (a)  The commissioners court of a county may, on its own motion, and shall, on petition by a majority of the voters of the affected part of the county, establish, maintain, and operate a free county library for the area of the county located outside the municipalities that maintain free public libraries.
(b)  The county library shall be located at the county seat in the courthouse unless a more suitable location is available.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.002. Maintenance Funds

Sec. 323.002.  MAINTENANCE FUNDS.  The commissioners court annually may set aside from the general fund or the permanent improvement fund of the county an amount to be used to maintain or to make a permanent improvement or acquire land for the county library.  The amount may not exceed 12 cents on the $100 valuation of all property:
(1)  located in the county outside the municipalities that are supporting a free public library and that are not participating in the county library system;  and
(2)  located within the municipalities that are supporting a free public library and that have elected to become a part of the county library system.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.003. Gifts

Sec. 323.003.  GIFTS.  The commissioners court may receive a gift, bequest, or devise for the county library or a branch or subdivision of the library.  Title to property given, bequeathed, or devised to the county library vests in the county.  A gift or bequest made for the benefit of a branch of the library shall be administered as designated by the donor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.004. Farmers' County Library

Sec. 323.004.  FARMERS' COUNTY LIBRARY.  In a county that has a farmers' county library established under prior law, the library shall continue to operate as a farmers' county library, but if a county library is established in the county, the farmers' county library shall become a part of the county library.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.005. Librarian

Sec. 323.005.  LIBRARIAN.  (a)  If a county library is established, the commissioners court shall employ a county librarian.  A person holds the position of county librarian at the pleasure of the commissioners court.
(b)  Before beginning to perform duties, a person employed as county librarian must file with the county clerk the official oath and, at the discretion of the commissioners court, execute a bond conditioned that the person will faithfully perform the duties of the position.  The bond must be in an amount determined by the commissioners court and must be purchased from sufficient sureties approved by the county judge.
(c)  The county librarian shall attempt to provide equal and complete service to all areas of the county through branch libraries and deposit stations in schools and other suitable locations and shall distribute books, other printed matter, and other educational materials as quickly as circumstances permit.  The librarian may make rules for the operation of the county library, establish branch libraries and deposit stations in the county, determine the number and type of employees needed by the library, and hire and dismiss the employees in the same manner as provided by the commissioners court for other county departments.  The librarian shall, subject to the general rules adopted by the commissioners court, develop and manage the library in accordance with accepted rules of library management and shall determine which books and library equipment will be purchased.
(d)  On or before March 31 of each year, the county librarian shall report to the commissioners court and the state librarian on the operation of the county library during the previous fiscal year.  The report must be made on a form furnished by the state librarian and must contain a statement of the condition of the library and a statement of its operation during the year and must contain financial and book statistics customarily kept by well-regulated libraries.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 69(a), eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 24, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.006. Supervision

Sec. 323.006.  SUPERVISION.  The county library is under the general supervision of the commissioners court.  It is also under the supervision of the state librarian who, in person or by an assistant, shall periodically visit the library, inquire as to its condition, advise the librarian and the commissioners court about the library, and give whatever assistance possible in matters that relate to the library.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.007. Library Fund

Sec. 323.007.  LIBRARY FUND.  Funds of the county library shall be deposited in a separate fund to be known as the county free library fund and may be used only for library purposes.  The funds are under the custody of the county treasurer or any other county official designated to discharge the duties commonly assigned to the county treasurer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.008. Participation With a Municipality

Sec. 323.008.  PARTICIPATION WITH A MUNICIPALITY.  (a)  If a county library is established, the governing body of a municipality that maintains a free public library may notify the commissioners court that the municipality desires to become a part of the county library system.  After the notice is given, the municipality is considered to be a part of the system, and the residents of the municipality are entitled to the benefits of the library.  Property in the municipality shall be included in determining the amount to be set aside in the county free library fund for county library purposes.
(b)  The commissioners court of a county that has established a county library may contract with the governing body of a municipality that maintains a free public library to extend county library privileges to the municipality's residents to the extent and for consideration as the parties may agree.  The consideration paid by the municipality shall be deposited in the county free library fund.  On the making of the contract, the library privileges are extended to the residents of the municipality.
(c)  After a municipality has been a part of the county library system for two years, the governing body of the municipality may withdraw from the system by giving notice of its intention to do so to the commissioners court.  The notice must be given at least six months before the withdrawal.  On withdrawal, the municipality is no longer entitled to participate in the benefits of the system, and the property located in the municipality may not be included in computing the amount to be set aside for county library purposes.  Before the governing body may give the notice of withdrawal to the commissioners court or before the governing body may retract the notice of withdrawal after it has been given to the commissioners court, the governing body must publish another notice once a week for six consecutive weeks in a county newspaper circulated throughout the municipality and designated by the governing body.  The published notice must state the nature of the proposed action and the date and location of the meeting at which the proposed action is to be taken.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.009. Participation With a County

Sec. 323.009.  PARTICIPATION WITH A COUNTY.  (a)  The commissioners court of a county that has established a county library may contract with the commissioners court of another county to extend county library privileges to the residents of the other county to the extent and for the consideration as the parties may agree.  The consideration received from the other county shall be deposited in the county free library fund.  On the making of the contract, the library privileges are extended to the residents of the other county.
(b)  The other county may provide for a county free library fund in the same manner in which a county that establishes a county library may provide for the fund.  The purpose of the fund is to carry out a contract made by the other county under Subsection (a).
(c)  If the other county makes a contract under Subsection (a), it is not prohibited from establishing its own county library under this subchapter, and if it does so, it may terminate the contract on mutually agreeable terms or may continue under the contract until expiration of its term.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.010. Joint Library

Sec. 323.010.  JOINT LIBRARY.  (a)  The commissioners court of a county may establish in cooperation with other counties a joint free county library for the benefit of the cooperating counties.
(b)  The commissioners courts of two or more adjacent counties may jointly establish and maintain a free library under the terms and provisions established by this subchapter for the establishment and maintenance of a free county library.  In doing so, the commissioners courts of the participating counties shall operate jointly in the same manner as the commissioners court of a single county.  The participating counties have the same powers and are subject to the same liabilities under this subchapter as a single county.
(c)  If a county withdraws from the joint county library, it is entitled to a division of property according to terms agreed on at the time the library was established.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.011. Participation With an Established Library

Sec. 323.011.  PARTICIPATION WITH AN ESTABLISHED LIBRARY.  (a)  Instead of establishing a county library, the commissioners court of a county may contract for library privileges from an established library.
(b)  The contract must provide that the established library assume the functions of a county library within the county, including municipalities in the county.  The commissioners court may contract to pay annually to the established library out of the general fund of the county an amount on which the parties may agree.
(c)  Either party to the contract may terminate it by giving to the other party six months' notice of its intention to do so.  Property acquired under the contract is subject to division on termination of the contract on terms specified in the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 382, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.012. Participation With a Privately Owned Library

Sec. 323.012.  PARTICIPATION WITH A PRIVATELY OWNED LIBRARY.  The commissioners court of a county that has established a county library may contract with a privately owned library that serves an area of the county not adequately served by the county library to provide county library service to that area.  The contract may require that the privately owned library submit to any reasonable regulation that is imposed on governmental libraries.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter A. County Library › Section 323.013. Discontinuation of Library

Sec. 323.013.  DISCONTINUATION OF LIBRARY.  A county library may be discontinued on petition of a majority of the voters in that part of the county that maintains the library.  The commissioners court shall, on termination of existing contracts, call in and inventory all books and other movable property of the discontinued library and shall store the property under lock and seal in a suitable place in the county courthouse.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter B. County Law Library › Section 323.021. Establishment and Maintenance

Sec. 323.021.  ESTABLISHMENT AND MAINTENANCE.  (a)  The commissioners court of a county by order may establish and maintain a county law library at the county seat or another location determined by the commissioners court.
(b)  The commissioners court shall provide suitable space for housing the library at a place that is both convenient and accessible to the judges and litigants of the county.  The commissioners court may, with the advice of the committee created under Section 323.024, use funds collected under this subchapter to acquire a location for the library, though priority in the use of funds shall be given to the acquisition of books, periodicals, other library materials, and staff for the library.  The commissioners court may appropriate an amount not to exceed $20,000 to establish the library and shall annually appropriate an amount necessary for the proper maintenance and operation of the library.
(c)  The commissioners court of a county may establish, maintain, and operate in cooperation with other counties a joint free county law library for the benefit of the cooperating counties in the same manner that a joint county library may be established and operated under Section 323.010.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 760 (S.B. 1911), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter B. County Law Library › Section 323.022. Gifts

Sec. 323.022.  GIFTS.  The commissioners court may receive any gift or bequest to the law library.  Title to a gift or bequest vests in the county.  A conditional gift or bequest shall be administered as designated by the donor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter B. County Law Library › Section 323.023. Law Library Fund

Sec. 323.023.  LAW LIBRARY FUND.  (a)  The commissioners court shall establish a county law library fund.
(b)  The county law library fund may be used only for:
(1)  establishing the law library after the entry of the order creating it;
(2)  purchasing or leasing library materials, maintaining the library, or acquiring furniture, shelving, or equipment for the library;
(3)  purchasing or leasing library materials or acquiring library equipment, including computers, software, and subscriptions to obtain access to electronic research networks for use by judges in the county; or
(4)  establishing and maintaining a self-help center to provide resources to county residents representing themselves in legal matters.
(c)  Money in the fund may be used for the purposes described by Subsection (b)(3) only if the county's law librarian or, if the county has no law librarian, the person responsible for the county's law library, authorizes the use in consultation with the county auditor.
(d)  Expenditures by a county under Subsection (b)(3) may not exceed $175,000 each year.  Any unexpended and unobligated balance allocated by the county for Subsection (b)(3) purposes that remains at the end of the county's fiscal year remains available for use for Subsection (b)(3) purposes during subsequent fiscal years.
(e)  The county law library fund shall be administered by or under the direction of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 70(a), eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 331, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1010, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 760 (S.B. 1911), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.15, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter B. County Law Library › Section 323.024. Management

Sec. 323.024.  MANAGEMENT.  (a)  The commissioners court of a county that has established a law library under this subchapter shall adopt rules for the use of books in the county law library.
(b)  The commissioners court may vest management of the library in a committee selected by the county bar association.  Actions of the committee are subject to approval by the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter B. County Law Library › Section 323.025. Claims

Sec. 323.025.  CLAIMS.  A claim against the law library shall be handled as other claims against the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter C. Additional Library Authority › Section 323.051. Acquisition and Location of Library

Sec. 323.051.  ACQUISITION AND LOCATION OF LIBRARY.  (a)  The commissioners court of a county may:
(1)  purchase, construct, repair, equip, or improve a building or other permanent improvement for county library use;
(2)  acquire land for county library use;  and
(3)  determine the location in the county of each county library building or permanent improvement.
(b)  A county that maintains a permanent improvement fund shall use money in that fund to pay for each library building, repair, or improvement.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter C. Additional Library Authority › Section 323.052. County Library Bonds

Sec. 323.052.  COUNTY LIBRARY BONDS.  (a)  A county may issue bonds, and impose ad valorem taxes for payment of the bonds, to pay the cost of:
(1)  purchasing, constructing, repairing, equipping, or improving a building or other permanent improvement for county library use;  or
(2)  acquiring land for county library use.
(b)  The issuance of the bonds and the imposition of the taxes must be in conformity with Subtitles A and C, Title 9, Government Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter D. Library Fines; Civil Penalty › Section 323.071. Library Fines

Sec. 323.071.  LIBRARY FINES.  (a)  The commissioners court by order may establish reasonable fines to be collected by a county library for lost, damaged, or overdue library property.
(b)  The fines shall be deposited in the county free library fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 697 (H.B. 2902), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 323 - County Libraries › Subchapter D. Library Fines; Civil Penalty › Section 323.072. Abuse of County Library Services

Sec. 323.072.  ABUSE OF COUNTY LIBRARY SERVICES.  (a)  The commissioners court by order may adopt reasonable regulations that prohibit a person from abusing library services by intentionally failing to pay a library fine or return library property.
(b)  A person who violates a regulation adopted by the county under this section is liable to the county for a civil penalty of not more than $100 for each violation.  A county may bring suit in a district or county court to recover a civil penalty authorized by this subsection.
Added by Acts 2013, 83rd Leg., R.S., Ch. 697 (H.B. 2902), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter A. General Provisions › Section 324.001. Eligible Counties

Sec. 324.001.  ELIGIBLE COUNTIES.  In a county that has river frontage on both the Guadalupe and Comal rivers, 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)  conserve the natural resources in the district; and
(3)  improve the public health, safety, and welfare in the district.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter A. General Provisions › Section 324.002. Definitions

Sec. 324.002.  DEFINITIONS.  In this chapter:
(1)  "District" means a park and recreation district created under this chapter.
(2)  "Board" means the board of directors of a park district.
(3)  "Fee" includes a toll or any other charge.
(4)  "Park" includes any land, including any improvements to the land, that is administered, operated, or managed by the district for use by the general public.
(5)  "District facility" includes any facility, land, or improvement to land, whether permanent or temporary, that is owned, leased, or acquired by the district.
(6)  "Hotel" means a building in which persons may obtain sleeping accommodations for consideration of a fee and includes a motel, tourist court, lodging house, inn, rooming house, or condominium, but does not include a hospital, sanitarium, or nursing home.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 539, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 1039, Sec. 2, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter B. Creation of Park and Recreation District › Section 324.021. Order of Election

Sec. 324.021.  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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter B. Creation of Park and Recreation District › Section 324.022. Notice of Hearing

Sec. 324.022.  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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter B. Creation of Park and Recreation District › Section 324.023. Hearing

Sec. 324.023.  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 324.001; and
(3)  the district does not include any incorporated area.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter B. Creation of Park and Recreation District › Section 324.024. Creation Election

Sec. 324.024.  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 canvassed 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 its minutes at its next regularly scheduled meeting.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter B. Creation of Park and Recreation District › Section 324.025. Costs of Creation and Organization

Sec. 324.025.  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 bond anticipation notes, the first revenue bonds issued by the district, or any other source.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter C. Board of Directors of Park and Recreation District › Section 324.041. Composition and Appointment of Board

Sec. 324.041.  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 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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter C. Board of Directors of Park and Recreation District › Section 324.042. Oath and Bond

Sec. 324.042.  OATH AND BOND.  (a)  Within 30 days 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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 5, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter C. Board of Directors of Park and Recreation District › Section 324.043. Compensation and Reimbursement

Sec. 324.043.  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, shall 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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 6, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter C. Board of Directors of Park and Recreation District › Section 324.044. Quorum; Majority Vote

Sec. 324.044.  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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 539, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter C. Board of Directors of Park and Recreation District › Section 324.045. Approval of Commissioners Court

Sec. 324.045.  APPROVAL OF COMMISSIONERS COURT.  (a)  The board is subject to the supervision of the commissioners court in the exercise of all its rights, powers, and privileges and in the performance of its duties.
(b)  Not later than the 30th day after the date on which the board acts, the commissioners court may approve or disapprove the action.  If the court disapproves the act, the act is ineffective.  Otherwise, the act becomes effective on the date that the commissioners court approves the act or on the 31st day after the date on which the board acted, whichever is first.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 539, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter C. Board of Directors of Park and Recreation District › Section 324.046. Organization; Meetings

Sec. 324.046.  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 special meetings at other times as necessary.
(d)  The board shall hold its meetings at a public place in a county in which at least part of the district is located.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 7, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 491 (H.B. 422), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter D. Powers and Duties › Section 324.061. Depositories and Disbursements

Sec. 324.061.  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 minutes of the board.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 8, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter D. Powers and Duties › Section 324.062. Personnel

Sec. 324.062.  PERSONNEL.  (a)  The board may employ managers, secretaries, stenographers, bookkeepers, accountants, technical experts, and any other support personnel or agents 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 it requires.  In addition, or in the alternative, the board may contract for and compensate its own legal staff.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 9, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 452, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 491 (H.B. 422), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter D. Powers and Duties › Section 324.063. Seal

Sec. 324.063.  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.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter D. Powers and Duties › Section 324.064. Contracts

Sec. 324.064.  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 in 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 for contracts applicable to the county.
(c)  To be effective, a contract must be:
(1)  approved by resolution of the board;
(2)  executed by the president or vice-president; and
(3)  attested by the secretary or treasurer.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 1039, Sec. 10, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 452, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 491 (H.B. 422), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 324 - Park and Recreation District and Park Bonds: Counties With Frontage on Guadalupe and Comal Rivers › Subchapter D. Powers and Duties › Section 324.065. Suits

Sec. 324.065.  SUITS.  The board may sue and be sued in its own name.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 71(a), eff. Aug. 28, 1989.