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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter C. Powers and Duties › Section 321.044. Leases and Operating Agreements

Sec. 321.044.  LEASES AND OPERATING AGREEMENTS.  (a)  Concurrent with or at any time before the authorization for issuance of bonds secured by a pledge of the revenues of a designated facility of a park, the board may enter into a contract, including a lease, with any person for the operation of the facility.  The contract must specify the consideration or specify the method of determining the consideration.  The contract may be for a period determined by the board.
(b)  The revenues from the contract may be pledged in the resolution or indenture as security or additional security for the revenue bonds.  If the contract is concurrent with the authorization for issuance of the bonds, the revenues constitute the sole or substantially all the security for the bonds.
(c)  The contract must require that the rentals, tolls, and charges to be enforced by the lessee for the use or services provided by the facility be sufficient to yield at least in the aggregate money necessary to pay the reasonable operation and maintenance expenses to assure proper operation and maintenance of the facility, plus an amount that will assure income to the board to permit and assure payments into the funds and accounts in the manner, at the times, and in the amounts specified in the resolution.
(d)  The contract may provide that the rentals, tolls, and charges may be sufficient to yield a reasonable profit to the other party to the contract, but to be realized only after payment in full of the obligation to the board.
(e)  The contract may provide for payment of the annual consideration or rental in approximately equal monthly installments, and that failure to pay any required payment when due may be declared to be a breach of contract entitling the board under rules prescribed in the contract to declare the contract forfeited and to take over the operation and maintenance of the facility.  That remedy is cumulative of all others.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter C. Powers and Duties › Section 321.045. Rules

Sec. 321.045.  RULES.  The board may adopt reasonable rules applicable to tenants, concessioners, residents, and users of park facilities regulating hunting, fishing, boating, camping, and all other recreational and business privileges in the parks under the control of the board.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter C. Powers and Duties › Section 321.046. Grants

Sec. 321.046.  GRANTS.  The board may accept grants and gratuities in any form from any source approved by the board, including the government of the United States, this state, a public or private corporation, or any other person, for the purpose of promoting, establishing, or accomplishing the objectives, purposes, and powers provided by this chapter.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter C. Powers and Duties › Section 321.047. Financial Statement; Budget

Sec. 321.047.  FINANCIAL STATEMENT;  BUDGET.  (a)  On or before July 1 of each year, the board shall prepare and file with the county judge a complete financial statement showing the financial status of the board and the board's properties, funds, and indebtedness.
(b)  The financial statement must be in two parts or prepared to show separately all information concerning:
(1)  revenue bonds, the pledged income from facilities, and expenditures of that revenue;  and
(2)  money appropriated to the board by the commissioners court and realized from taxation and money realized from the sale of tax-supported bonds previously issued by the commissioners court.
(c)  At the same time the financial statement is filed, the board shall file with the county judge a proposed budget of its needs for the next calendar year.  To the extent that the board is able to finance its operations and to maintain its property from the revenues of facilities the income of which is pledged to the revenue bonds, no approval or authorization of the commissioners court is necessary.  However, the budget may involve only anticipated supplemental expenditures.
(d)  The county judge shall incorporate the requested budget in the county budget to be prepared each year.  As part of the county's tentative budget, the items certified by the board are subject to the procedure for county budget prescribed by Chapter 111.
(e)  The board shall operate the parks under its control the revenues of which are pledged to the payment of bonds in a manner that will produce gross revenues sufficient to pay the operation and maintenance expenses of the facilities without seeking from the commissioners court the appropriation of additional money for those expenses.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter C. Powers and Duties › Section 321.048. Suits; Legal Services

Sec. 321.048.  SUITS;  LEGAL SERVICES.  (a)  The board may sue and be sued in its own name.
(b)  The board may request from the county attorney the legal services it requires.  In addition or in the alternative, the board may employ and compensate its own legal staff.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter C. Powers and Duties › Section 321.049. Records

Sec. 321.049.  RECORDS.  The board shall keep a complete account of each board meeting and proceeding and shall maintain the records of the board in a secure manner.  Those records are the property of the board and are subject to inspection by the commissioners court at all reasonable times during office hours on business days.  The preservation, microfilming, destruction, or other disposition of the records of the board is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 62, 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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.071. Issuance; Purpose

Sec. 321.071.  ISSUANCE;  PURPOSE.  (a)  For the purpose of providing funds for the acquisition of permanent improvements to the island parks, or for the acquisition or construction of facilities to be used in or connected with or incident to the parks, the county may issue revenue bonds from time to time.
(b)  The bonds are fully negotiable instruments under Chapter 3, Business & Commerce Code, and other laws of this state.
(c)  Included among the permanent improvements and facilities that may be acquired through the issuance of bonds are bath houses;  bathing beaches;  swimming pools;  athletic fields;  golf courses;  stadiums;  coliseums;  auditoriums;  pavilions;  buildings and grounds for assembly, entertainment, health, and recreation;  restaurants and refreshment places;  yacht basins;  and landing strips and airports.
(d)  The bonds must be authorized by order of the commissioners court passed on its own motion.  The order of the commissioners court may make covenants on behalf of the county as the court considers necessary and advisable, and the court shall perform or cause to be performed any covenants so made.
(e)  The bonds must be issued in the name of the county, signed by the county judge, attested by the county clerk, and impressed with the seal of the commissioners court.
(f)  The bonds must mature serially or otherwise in not more than 40 years and may be sold at a price and under terms determined by the county to be the most advantageous reasonably obtainable.  The net effective interest rate may not exceed the maximum rate provided by Chapter 1204, Government Code.
(g)  The order authorizing the issuance of the bonds shall prescribe the details as to the bonds.  It may contain provisions for the calling of the bonds for redemption before their respective maturity dates at particular prices and times.  Except for rights of redemption expressly reserved in the order and the bonds, the bonds are not subject to redemption before their scheduled maturity dates.
(h)  The bonds may be made payable at times and places inside or outside this state as prescribed in the order.
(i)  The bonds may be made registrable as to principal or both principal and interest.
(j)  The bonds may be issued in one or more series.
(k)  An election is not required for issuance of the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.319, eff. Sept. 1, 2001.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.072. Pledge of Revenues

Sec. 321.072.  PLEDGE OF REVENUES.  (a)  Revenue bonds may be secured by a pledge of all or part of the net revenues from the operation of one or more parks under control of the board, from the facilities of or incident to the parks, or from the parks and the facilities.
(b)  The net revenues of one or more contracts, operating contracts, leases, or agreements may be pledged as the sole security or as additional security for the support of the bonds.
(c)  Any revenue other than that described by Subsection (a) or (b) may be pledged as the principal or as additional security for the bonds, as specified in the order.
(d)  The order authorizing issuance of bonds may reserve the right, under conditions specified in the order, to issue additional bonds that will be on a parity with or subordinate to the bonds then being issued.
(e)  While any bonds are outstanding, no additional bonds of equal dignity may be issued against the pledged revenues except to the extent and in the manner expressly permitted in the order.
(f)  In this chapter, "net revenues" means the gross revenues from the operation of the park or parks and the facilities, leases, agreements, or contracts incident to the park or parks, the revenues of which have been pledged, after deduction of the necessary expenses as provided by Section 321.075.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.073. Proceeds

Sec. 321.073.  PROCEEDS.  (a)  The proceeds of the bonds shall be used under the restrictions provided in the order.  The holders of the bonds and any trustee provided for in respect to the bonds have a lien on the proceeds until so applied, but neither the depository of those funds nor the trustee is obligated to see to the proper application of the funds except as expressly provided in the order or the indenture securing the bonds.
(b)  From the bond proceeds there may be set aside:
(1)  an amount for payment of interest on the bonds estimated to accrue during the construction period and any additional period prescribed in the order;  and
(2)  an amount for the interest and sinking fund or another reserve fund provided for in the order.
(c)  Proceeds remaining after the amounts are set aside under Subsection (b) shall be used for the payment of all expenses necessarily incurred in the issuance and sale of the bonds and then for the purposes specified in the bond order and in this chapter.
(d)  Any surplus remaining after accomplishment of the bond purposes shall be used for retiring the bonds to the extent that they can be purchased at prevailing market prices, with any remainder being deposited to the credit of the fund established in the order for debt service.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.074. Approval and Registration

Sec. 321.074.  APPROVAL AND REGISTRATION.  (a)  Before the bonds are delivered to the purchaser, the bonds and the records pertaining to the bonds must be submitted to the attorney general for examination and approval.  The attorney general shall approve the bonds if issued in accordance with this subchapter.
(b)  Bonds approved by the attorney general and registered with the comptroller of public accounts are incontestable.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.075. Fees and Revenue

Sec. 321.075.  FEES AND REVENUE.  (a)  In this section, "fee" includes any 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.  While 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 order for debt service.  "Debt service," as defined in the order, 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 order 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 the fees to be charged by the person for use of and 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 order.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.076. Refunding Bonds

Sec. 321.076.  REFUNDING BONDS.  (a)  Fully negotiable bonds may be issued by the commissioners court for the purpose of refunding original bonds issued under this subchapter.
(b)  The refunding bonds must be authorized and may be secured in the manner provided by this subchapter for 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 order authorizing their issuance.
(d)  An election is not required for issuance of the refunding bonds.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter D. Revenue Bonds › Section 321.077. Bonds Not State or County Debt

Sec. 321.077.  BONDS NOT STATE OR COUNTY DEBT.  (a)  The bonds are not a debt of the county or this state within the meaning of any constitutional or statutory provision, but are payable solely from the revenues pledged to their payment as provided by this subchapter.
(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."
(c)  The bonds may not be considered in determining the power of the county to incur obligations payable from 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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter E. Coastal County Island Park, Beach Park, and Public Beach Rules › Section 321.101. Applicability

Sec. 321.101.  APPLICABILITY.  Notwithstanding Section 321.001, this subchapter applies only to:
(1)  a county described by Section 321.001; and
(2)  a county that borders on the Gulf of Mexico and has within its boundaries a beach that:
(A)  is wholly or partly operated by the county as a park; or
(B)  is otherwise controlled or maintained by the county.
Added by Acts 2019, 86th Leg., R.S., Ch. 226 (H.B. 1628), Sec. 1, eff. September 1, 2019.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter E. Coastal County Island Park, Beach Park, and Public Beach Rules › Section 321.102. Rules

Sec. 321.102.  RULES.  The commissioners court of a county by order may adopt reasonable rules on camping, access, litter, resource protection, or waste disposal if the rules:
(1)  are consistent with Chapter 352 of this code, Chapters 61 and 63, Natural Resources Code, and rules adopted under those chapters; and
(2)  apply only in the following locations controlled or maintained by the county:
(A)  an island park;
(B)  a beach park; or
(C)  any part of a public beach.
Added by Acts 2019, 86th Leg., R.S., Ch. 226 (H.B. 1628), Sec. 1, eff. September 1, 2019.
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 321 - Island Parks, Beach Parks, and Public Beaches of Coastal Counties › Subchapter E. Coastal County Island Park, Beach Park, and Public Beach Rules › Section 321.103. Offense

Sec. 321.103.  OFFENSE.  (a)  A person commits an offense if the person violates a rule adopted under Section 321.102.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 226 (H.B. 1628), Sec. 1, eff. September 1, 2019.
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 A. General Provisions › Section 322.001. Eligible Counties

Sec. 322.001.  ELIGIBLE COUNTIES.  Two adjacent counties that each have a population of 2.1 million or more may create a joint park board in accordance with this chapter for the purpose of providing one or more public parks for the two counties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 97, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 166, eff. September 1, 2023.
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 A. General Provisions › Section 322.002. Definition

Sec. 322.002.  DEFINITION.  In this chapter, "board" means the Joint Board of Park Commissioners.
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 A. General Provisions › Section 322.003. Creation of Joint Parks Board

Sec. 322.003.  CREATION OF JOINT PARKS BOARD.  (a)  To create a joint parks board, the commissioners court of each county must adopt an order creating the board.
(b)  The commissioners court of each county by resolution may transfer to the board jurisdiction and control of any county park within either or both of the counties.
(c)  Title to the parks under its jurisdiction and to the properties and facilities related to the parks vests in the board.
(d)  The board shall be known as the Joint Board of Park Commissioners, except that the board may change its name by 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 A. General Provisions › Section 322.004. Municipal Conveyance of Land to Board

Sec. 322.004.  MUNICIPAL CONVEYANCE OF LAND TO BOARD.  Any municipality contained in either of the counties may sell land owned by it to the board or to the counties if the governing body of the municipality finds that the land is not required for municipal purposes.  The sale must be authorized by ordinance and does not require an election.
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 A. General Provisions › Section 322.005. Exercise of Powers by Commissioners Court

Sec. 322.005.  EXERCISE OF POWERS BY COMMISSIONERS COURT.  If establishment of the board is declared by a court to be invalid, the commissioners court of the counties acting jointly may ratify any prior action taken by the board and may exercise the powers granted to the board by this chapter.
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 B. Joint Board of Park Commissioners › Section 322.021. Composition; Term; Qualifications

Sec. 322.021.  COMPOSITION;  TERM;  QUALIFICATIONS.  (a)  The board must be composed of 13 commissioners appointed by the governor with the advice and consent of the senate.  The governor shall appoint the chairman from one county and six members from each county.
(b)  Members of the board serve staggered terms of two years, with the terms of six or seven members expiring every other year.  In appointing the initial board, the governor shall designate three of the members appointed from each county to serve for terms of one year and three of the members appointed from each county to serve for terms of two years.
(c)  The term as chairman is two years, and the chairmanship of the board alternates between the counties every two years.  The governor shall appoint the first chairman from the county having the larger population.
(d)  A park commissioner may not be an officer or employee of either of the counties or an officer or employee of any municipality in either of the counties.
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 B. Joint Board of Park Commissioners › Section 322.022. Vacancy

Sec. 322.022.  VACANCY.  A vacancy on the board shall be filled by appointment by the governor.
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 B. Joint Board of Park Commissioners › Section 322.023. Oath; Bond

Sec. 322.023.  OATH;  BOND.  (a)  Within 15 days after the date a park commissioner is appointed, the commissioner must qualify by taking the official oath and by filing a good and sufficient bond with the county clerk of the county the commissioner represents.
(b)  The bond must be:
(1)  payable to the order of the county judge of the county that the commissioner represents;
(2)  approved by the commissioners court of that county;
(3)  in an amount prescribed by that commissioners court of $5,000 or more;  and
(4)  conditioned that the commissioner will faithfully perform the duties of park commissioner, including the proper handling of all money that comes into the hands of the park commissioner in the commissioner's capacity as park commissioner.
(c)  The board shall pay the cost of the bond.
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 B. Joint Board of Park Commissioners › Section 322.024. Organization; Meetings

Sec. 322.024.  ORGANIZATION;  MEETINGS.  (a)  Seven park commissioners constitute a quorum, except that three of the members comprising the quorum must be from each county.  The board may act on the majority vote of a quorum.
(b)  The board shall elect from its membership a vice-chairman, a secretary, and a treasurer.  The vice-chairman and chairman must be from different counties, and the secretary and treasurer must be from different counties.  Officers serve in that capacity for a term of two years.
(c)  If either the secretary or treasurer is absent or unavailable, the other may act for the absent or unavailable officer.
(d)  The board shall hold regular meetings at times fixed by the board and may hold special meetings as necessary.
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 B. Joint Board of Park Commissioners › Section 322.025. Expenses

Sec. 322.025.  EXPENSES.  The expenses of a commissioner must be approved by the commissioners court of the county the commissioner represents, and when approved must be paid in due time by the board's check or warrant.
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 B. Joint Board of Park Commissioners › Section 322.026. Conflict of Interest

Sec. 322.026.  CONFLICT OF INTEREST.  (a)  A park commissioner or employee of the board may not acquire a direct or indirect pecuniary interest in any improvements, concessions, equipment, or business located in or related to a public park administered by the board.
(b)  A park commissioner or employee of the board may not have a direct or indirect interest in any contract or proposed contract for construction, materials, or services in connection with or related to a park administered by the board.
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 B. Joint Board of Park Commissioners › Section 322.027. Seal

Sec. 322.027.  SEAL.  The board shall adopt a seal, and the seal shall be placed on each lease, deed, or other instrument required to be executed under seal.
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 C. Powers and Duties › Section 322.041. Personnel

Sec. 322.041.  PERSONNEL.  (a)  The board may employ permanent or temporary personnel, including secretaries, stenographers, bookkeepers, accountants, technical experts, and other agents.
(b)  The board shall determine the qualifications, duties, and compensation of employees.
(c)  The board may employ a manager for one or more parks and give the manager full authority for the management and operation of the parks subject only to the direction and orders of the board.
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 C. Powers and Duties › Section 322.042. Depositories and Disbursements

Sec. 322.042.  DEPOSITORIES AND DISBURSEMENTS.  (a)  Money belonging to or under the control of the board must be deposited and secured substantially in the manner prescribed by law for county funds.
(b)  The board shall select one or more depositories.
(c)  A warrant or check for the withdrawal of money must be signed by an officer of the board and one other park commissioner or by two bonded employees of the board.  The board by resolution entered in its minutes shall designate the officer and park commissioner or the employees authorized to sign the warrants or checks.
(d)  The board may disburse funds under its control for any lawful purpose for the benefit of a park under its control.
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 C. Powers and Duties › Section 322.043. Contracts

Sec. 322.043.  CONTRACTS.  (a)  The board may enter a contract, including a lease or other agreement, with any person as the board considers necessary or convenient to carry out the purposes and powers granted by this chapter, including a contract connected with, incident to, or affecting the acquisition, financing, construction, equipment, maintenance, or operation of a facility located or to be located in or pertaining to a park under its control.
(b)  To be effective, a contract must be:
(1)  approved by resolution of the board;
(2)  executed by the chairman or vice-chairman;  and
(3)  attested by the secretary or 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 322 - Joint Parks Board and Park Bonds: Adjacent Counties With Populations of 2.1 Million or More › Subchapter C. Powers and Duties › Section 322.044. Leases and Operating Agreements

Sec. 322.044.  LEASES AND OPERATING AGREEMENTS.  (a)  Concurrent with or at any time before the authorization for issuance of bonds secured by a pledge of the revenues of a designated facility of a park, the board may enter a contract, including a lease, with any person for the operation of the facility.  The contract must specify the consideration or specify the method of determining the consideration.  The contract may be for a period determined by the board.
(b)  The revenues from the contract may be pledged in the resolution or indenture as security or additional security for the revenue bonds.  If the contract is concurrent with the authorization for issuance of the bonds, the revenues constitute security for the bonds.
(c)  The contract must require that the rentals, tolls, and charges to be enforced by the lessee for the use or services provided by the facility be sufficient to at least yield in the aggregate money necessary to pay the reasonable operation and maintenance expenses to assure proper operation and maintenance of the facility, plus an amount that will assure income to the board to permit and assure payments into the funds and accounts in the manner, at the times, and in the amounts specified in the resolution.
(d)  The contract may provide that the rentals, tolls, and charges may be sufficient to yield a reasonable profit to the other party to the contract, but to be realized only after payment in full of the obligation to the board.
(e)  The contract may provide for payment of the annual consideration or rental in approximately equal monthly installments, and that failure to pay any required payment when due may be declared to be a breach of contract, entitling the board under rules prescribed in the contract to declare the contract forfeited and to take over the operation and maintenance of the facility.  That remedy is cumulative of all others.
(f)  The board may in the resolution or trust indenture reserve the right to enter such a contract after issuance of the bonds.
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 C. Powers and Duties › Section 322.045. Rules

Sec. 322.045.  RULES.  The board may adopt reasonable rules applicable to tenants, concessionaires, residents, and users of park facilities, regulating hunting, fishing, boating, camping, and other recreational and business privileges in parks under the control of the board.
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 C. Powers and Duties › Section 322.046. Grants

Sec. 322.046.  GRANTS.  The board may accept grants and gratuities in any form from any source approved by the board, including the government of the United States, this state, the commissioners court of either county or an agency of either county, a public or private corporation, or any other person, for the purpose of promoting, establishing, or accomplishing the objectives, purposes, and powers provided by this chapter.
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 C. Powers and Duties › Section 322.047. Financial Statement; Budget

Sec. 322.047.  FINANCIAL STATEMENT;  BUDGET.  (a)  On or before July 1 of each year, the board shall prepare and file with the county clerk of each of the counties a complete financial statement showing the financial status of the board and the board's properties, funds, and indebtedness.
(b)  The financial statement must show separately all information concerning:
(1)  revenue bonds;
(2)  income from facilities the income of which is pledged to the bonds, and the expenditures from that income;  and
(3)  money appropriated to the board by the commissioners courts for operational and maintenance expenses.
(c)  At the same time the financial statement is filed, the board shall file with the county clerk of each of the counties a proposed budget of its needs for the next calendar year.
(d)  The board shall operate the parks under its control, the revenues of which are pledged to the payment of bonds, in a manner that will produce gross revenues sufficient to pay the operation and maintenance expenses of the facilities.
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 C. Powers and Duties › Section 322.048. Suits

Sec. 322.048.  SUITS.  The board constitutes a body corporate and politic and may sue and be sued in its own name.
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 C. Powers and Duties › Section 322.049. No Taxing Power

Sec. 322.049.  NO TAXING POWER.  The board may not levy a tax for any purpose.
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 C. Powers and Duties › Section 322.050. Records

Sec. 322.050.  RECORDS.  The board shall keep a complete account of each board meeting and proceeding and shall maintain the records of the board in a secure manner.  Those records are the property of the board and are subject to inspection by either of the commissioners courts at all reasonable times during office hours on business days.  The preservation, microfilming, destruction, or other disposition of the records of the board is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 63, 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 322 - Joint Parks Board and Park Bonds: Adjacent Counties With Populations of 2.1 Million or More › Subchapter D. Revenue Bonds › Section 322.071. Issuance; Purpose

Sec. 322.071.  ISSUANCE;  PURPOSE.  (a)  For the purpose of providing funds to acquire, improve, equip, and repair parks under its control, or for the acquisition or construction of facilities to be used in or connected with or incident to one or more of the parks, the board by resolution may issue bonds from time to time.
(b)  The bonds are fully negotiable instruments under Chapter 3, Business & Commerce Code, and other laws of this state.
(c)  Included among the permanent improvements and facilities that may be acquired through the issuance of bonds are stadiums, coliseums, auditoriums, athletic fields, pavilions, buildings and grounds for assembly, and parking facilities or other incident improvements.
(d)  The bonds must be issued in the name of the board, signed by the chairman, and attested by the secretary.  The signatures may be facsimile signatures printed on the bonds.  The seal of the board must be impressed, printed, or lithographed on the bonds.
(e)  The bonds must mature serially or otherwise in not more than 40 years and may be sold at a price and under terms determined by the board to be the most advantageous reasonably obtainable.  The net effective interest rate may not exceed the maximum rate provided by Chapter 1204, Government Code.
(f)  The resolution authorizing the issuance of the bonds shall prescribe the details as to the bonds.  It may contain provisions for the calling of the bonds for redemption before their respective maturity dates at particular prices and times.  Except for rights of redemption expressly reserved in the resolution and the bonds, the bonds are not subject to redemption before their scheduled maturity dates.
(g)  The bonds may be made payable at times and places inside or outside this state as prescribed in the resolution.
(h)  The bonds may be made registrable as to principal, or both principal and interest.
(i)  The bonds may be issued in one or more series.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.320, eff. Sept. 1, 2001.
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 322.072. Pledge of Revenues

Sec. 322.072.  PLEDGE OF REVENUES.  (a)  The bonds may be secured by a pledge of all or part of the net revenues from one or more parks under control of the board, from the facilities of or incident to the parks, or from the parks and the facilities.
(b)  The net revenues of one or more contracts, operating contracts, leases, or agreements may be pledged as the sole security or as additional security for the support of the bonds.
(c)  The bonds may be additionally secured by a mortgage on all or part of the real and personal property owned by the board.
(d)  In the resolution authorizing issuance of bonds, the board may reserve the right, under conditions specified in the resolution, to issue additional bonds that will be on a parity with or subordinate to the bonds then being issued.
(e)  While any bonds are outstanding, no additional bonds of equal dignity may be issued against the pledged revenues except to the extent and in the manner expressly permitted in the resolution.
(f)  In this chapter, "net revenues" means the gross revenues from the park or parks and the facilities, leases, agreements, or contracts incident to the park or parks, the revenues of which have been pledged, after deduction of the necessary expenses as provided by Section 322.075.
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 322.073. Proceeds

Sec. 322.073.  PROCEEDS.  (a)  The proceeds of the bonds shall be used under the restrictions provided in the resolution.  The holders of the bonds and any trustee provided for in respect to the bonds have a lien on the proceeds until so applied, but neither the depository of those funds nor the trustee is obligated to ensure the proper application of the funds except as expressly provided in the resolution or the indenture securing the bonds.
(b)  From the bond proceeds there may be set aside:
(1)  an amount for payment of interest on the bonds estimated to accrue during the construction period and any additional period prescribed in the resolution;  and
(2)  an amount for the interest and sinking fund or another reserve fund provided for in the resolution.
(c)  Proceeds remaining after the amounts are set aside under Subsection (b) shall be used for the payment of all expenses necessarily incurred in the issuance and sale of the bonds and then for the purposes specified in the resolution.
(d)  Any surplus remaining after accomplishment of the bond purposes shall be used for retiring the bonds to the extent that they can be purchased at prevailing market prices or be retained for future expansion or improvements.
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 322.074. Approval and Registration

Sec. 322.074.  APPROVAL AND REGISTRATION.  (a)  Before the bonds are delivered to the purchaser, the bonds and the records pertaining to the bonds must be submitted to the attorney general for examination and approval.  The attorney general shall approve the bonds if issued in accordance with this subchapter.
(b)  Bonds approved by the attorney general and registered with the comptroller of public accounts are incontestable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.