reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.011. Municipality and County Covered by Subchapter

Sec. 305.011.  MUNICIPALITY AND COUNTY COVERED BY SUBCHAPTER.  This subchapter applies only to:
(1)  any municipality;  and
(2)  a county that has a population of more than one million, has issued bonds for the purpose of constructing a coliseum or stadium within the county, and is operating the coliseum or stadium directly and not through another person under a lease or other agreement not subject to cancellation by the county in the event of a sale of the coliseum or stadium.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 99, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.012. Sale by County

Sec. 305.012.  SALE BY COUNTY.  The commissioners court of the county may sell to a municipality a coliseum or stadium owned and operated by it and related land and facilities if the court finds that:
(1)  the coliseum or stadium is in need of expansion or other improvement; and
(2)  the expansion or other improvement may be better accomplished, without resort to the tax funds and resources of the county, by the sale of the coliseum or stadium and related land and facilities to a municipality in which the coliseum or stadium is located.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.013. Terms of Agreement

Sec. 305.013.  TERMS OF AGREEMENT.  The sale agreement shall be on the terms, including the price, on which the county and municipality agree.  However, the price may not be less than the amount of the outstanding bonds of the county issued for the purpose of constructing and equipping the coliseum or stadium.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.014. Payments by Municipality

Sec. 305.014.  PAYMENTS BY MUNICIPALITY.  (a)  The purchase price may be paid by the municipality in cash and the funds for the payment may be obtained by the municipality in any manner permitted by law.  In the alternative, the purchase price may be paid by the municipality in installments with interest at not lower than the same rates borne by the county's outstanding coliseum or stadium bonds.  The funds with which to make the installments may be obtained by the municipality in any lawful manner, including one or more of the methods described by Subsections (b) and (c).
(b)  The installments, by the sale agreement, may be made payable to the county out of revenues of the stadium or coliseum on dates coinciding with or earlier than the dates on which principal and interest on the county's outstanding coliseum or stadium bonds mature and come due.  If this method of payment is selected, the payments due the county may be treated as a fixed operating expense of the stadium or coliseum payable solely from the revenues of the facilities.  When received by the county, the funds shall be used for the purpose of retiring and paying interest on its outstanding coliseum or stadium bonds when due.
(c)  The municipality and county may agree that the municipality shall issue a series of coliseum or stadium acquisition revenue bonds (or include such purpose as a part of a larger series of coliseum or stadium revenue bonds), which revenue bonds (or part of a larger series allocable to the purchase) shall be delivered to the county in payment of the purchase price for the stadium or coliseum.  The bonds must be at least payable at the times and in the same amounts as and bear not lower than the same rates of interest borne by the county's outstanding coliseum or stadium bonds so as to provide funds from the revenue bonds to the county with which to pay the principal and interest when due on its outstanding bonds.  The revenue bonds of the municipality may be on other terms as the municipality and county agree and may include any mortgage security authorized by Subchapter A, Chapter 1504, Government Code. On delivery of the bonds to the county, the county shall hold the bonds for the account of the interest and sinking fund created in connection with its outstanding coliseum or stadium bonds and shall use the payments when received to pay the principal and interest on its bonds when due.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.310, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.015. Delivery of Deed

Sec. 305.015.  DELIVERY OF DEED.  A sale under this subchapter must be effected by delivery of a deed, with a reservation of any vendor's liens on the facilities as may be appropriate in connection with the selected method for payment of the purchase price, from the county with the approval of the commissioners court and acceptance by the municipality in accordance with the sale agreement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.016. Municipal Powers

Sec. 305.016.  MUNICIPAL POWERS.  After the delivery of the deed, the municipality is the complete and total owner of the coliseum or stadium and the related land and facilities conveyed and may:
(1)  exercise all the powers with respect to the property authorized and implied by Subchapter A, Chapter 1504, Government Code, and any other laws applicable to the municipality, for the purpose of operating, maintaining, improving, or expanding the coliseum or stadium;
(2)  in connection with the financing of the purchase, include any indoor or outdoor recreational facilities, properties, and entertainment attractions as may be considered by the municipality to be appropriate in connection with the coliseum or stadium;  and
(3)  lease or make operating agreements with respect to all or any part of the coliseum or stadium and related land and facilities for the periods and on the terms as the municipality may determine.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.311, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 305 - Miscellaneous Public Building Provisions Affecting Municipalities and Counties › Subchapter B. Sale of Coliseum or Stadium Between Municipality and County › Section 305.017. Sale by Municipality

Sec. 305.017.  SALE BY MUNICIPALITY.  (a)  If the governing body of the municipality affirmatively finds that the escalating burdens and costs of operating its stadium or coliseum acquired under this subchapter have caused continued ownership to cease to be economically feasible, resulting in increasing and unnecessary burdens on the taxpayers of the municipality, the governing body, after giving at least 14 days' notice of and holding a public hearing on the question, may sell the stadium or coliseum to another public or private entity.
(b)  The sale shall be on the terms as the governing body may approve.  The municipality has all power necessary and appropriate to complete the sale in accordance with the terms of the sale.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter A. General Provisions › Section 306.001. Eligible Municipalities

Sec. 306.001.  ELIGIBLE MUNICIPALITIES.  This chapter applies only to home-rule municipalities with a population of more than 40,000.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter A. General Provisions › Section 306.002. Definition

Sec. 306.002.  DEFINITION.  In this chapter, "board" means the park board of trustees.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter A. General Provisions › Section 306.003. Cumulative Effect With Charter Provisions

Sec. 306.003.  CUMULATIVE EFFECT WITH CHARTER PROVISIONS.  This chapter is cumulative of home-rule charter provisions, but this chapter takes precedence in the event of a conflict.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.011. Creation of Board

Sec. 306.011.  CREATION OF BOARD.  The governing body of the municipality by ordinance may create a board to be known as the Park Board of Trustees for the purpose of acquiring, improving, equipping, maintaining, financing, or operating parks.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.012. Composition; Term

Sec. 306.012.  COMPOSITION;  TERM.  (a)  The board must be composed of nine trustees appointed by the governing body of the municipality.  One of the trustees must be a member of the municipality's governing body.
(b)  Trustees serve for staggered terms of two years.  Terms expire on the anniversary of the date of appointment, except as provided by Subsection (d).
(c)  In appointing the initial board, the governing body shall designate five trustees to serve for terms of two years and four trustees to serve for terms of one year.
(d)  The governing body by ordinance may set a date other than the date of appointment as the date on which trustees' terms expire.  If the board is in existence at the time the ordinance is adopted, the governing body must implement the new expiration date by reducing the terms of trustees to conform to the new date.  However, the expiration date may not be set on a date that would require the governing body to reduce terms by more than 60 days.  An ordinance may not be adopted under this subsection more often than once in any five-year period.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 476, Sec. 1, eff. June 14, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.013. Vacancy

Sec. 306.013.  VACANCY.  A vacancy on the board shall be filled by appointment of the governing body of the municipality.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.014. Compensation; Expenses

Sec. 306.014.  COMPENSATION;  EXPENSES.  A trustee serves without compensation, but is entitled to be reimbursed for necessary expenses, including travel expenses, incurred in the performance of official duties.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.015. Bond; Oath

Sec. 306.015.  BOND;  OATH.  (a)  Within 15 days after the date of appointment, a trustee must qualify for office by taking the official oath and filing a good and sufficient bond with the clerk or secretary of the municipality.
(b)  The bond must be:
(1)  in the amount prescribed by the governing body of the municipality, but not more than $5,000;
(2)  payable to the order of the municipality;
(3)  approved by the governing body;  and
(4)  conditioned that the trustee will faithfully perform the duties of trustee, including the proper handling of money that may come into the hands of the trustee in the trustee's capacity as a member of the board.
(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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.016. Organization; Meetings

Sec. 306.016.  ORGANIZATION;  MEETINGS.  (a)  The board shall annually elect from its membership a chairman, a vice-chairman, a secretary, and a treasurer, except that the first chairman shall be designated by the governing body of the municipality at the time of appointment of the first trustees.  Officers serve in that capacity for a term of one year.
(b)  The offices of secretary and treasurer may be held by the same person.
(c)  The board shall hold regular meetings at times fixed by the board and may hold special meetings at other times as necessary.  Special meetings may be called by the chairman or by any three trustees.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.017. Records; Audit

Sec. 306.017.  RECORDS;  AUDIT.  (a)  The board shall keep a complete record of all meetings and proceedings and shall maintain the records of the board in a secure manner.  Records are the property of the board and are subject to inspection by the governing body of the municipality at reasonable times.
(b)  The board may contract with the governing body to have the municipality keep and maintain its records.
(c)  All financial transactions and records of the board shall be audited annually by independent auditors selected by the board.
(d)  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. 60, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter B. Park Board of Trustees › Section 306.018. Seal

Sec. 306.018.  SEAL.  The board shall adopt a seal, and the seal shall be placed on each lease, deed, or other instrument usually executed under seal.  The seal may be placed on other instruments as required 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.031. Management of Parks and Facilities

Sec. 306.031.  MANAGEMENT OF PARKS AND FACILITIES.  (a)  The ordinance establishing the board shall designate the parks and facilities owned by the municipality to be placed under the management and control of the board.  The municipality may from time to time by ordinance designate additional parks and facilities to be under the management and control of the board.
(b)  The board may acquire by gift, devise, or purchase, or improve or enlarge:
(1)  land and buildings to be used for public parks, playgrounds, or historical museums;  or
(2)  land on which are located:
(A)  historic buildings, sites, or landmarks of statewide historical significance associated with historic events or personalities;
(B)  prehistoric ruins, burial grounds, or archaeological, paleontological, or vertebrate paleontological sites;  or
(C)  sites including fossilized footprints, inscriptions made by human agency, or any other archaeological, paleontological, or historical buildings, markers, monuments, or other historical features.
(c)  Land described by Subsection (b) may be located inside or outside the boundaries of the municipality, but must be located inside the limits of the county in which the municipality is located.
(d)  The board shall improve, manage, operate, maintain, equip, and finance:
(1)  the parks and facilities placed by ordinance under its management and control;  and
(2)  additional parks and facilities acquired by gift, but not by the exercise of eminent domain.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.032. Additional Powers: Coastal Municipalities With Population of Less Than 80,000

Sec. 306.032.  ADDITIONAL POWERS:  COASTAL MUNICIPALITIES WITH POPULATION OF LESS THAN 80,000.  (a)  This section applies only to a home-rule municipality that has a population of less than 80,000 and borders on the Gulf of Mexico.
(b)  In addition to other powers under this chapter, the municipality or the board of the municipality may acquire by any method, including by gift, devise, lease, or purchase or may improve land or buildings, or may construct or enlarge buildings, to be used for public parks, playgrounds, or other facilities that serve the purpose of attracting visitors and tourists to the municipality.  The municipality or board may lease the facilities, as lessor or lessee, on terms the municipality or board considers appropriate. The land may be located inside or outside the boundaries of the municipality, but must be located inside the limits of the county in which the municipality is located.
(c)  In a municipality subject to this section, the facilities placed under the management and control of the board may include:
(1)  parks;
(2)  civic centers, civic center buildings, auditoriums, exhibition halls, or coliseums;
(3)  marinas or cruise ship terminal facilities;
(4)  hotels or motels;
(5)  parking or storage facilities for motor vehicles or other conveyances;
(6)  golf courses;
(7)  trolley or trolley transportation systems; and
(8)  other facilities considered advisable in connection with the preceding facilities that serve the purpose of attracting visitors and tourists to the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 67(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.033. Land Acquired in Name of Board; Sale of Land

Sec. 306.033.  LAND ACQUIRED IN NAME OF BOARD;  SALE OF LAND.  Any interest in land acquired by lease or otherwise and used in connection with a park under this chapter may be acquired in the name of the board.  The interest may be sold only if:
(1)  the sale is made by the titleholder in compliance with the municipal charter or in compliance with Subchapter A, Chapter 263;  and
(2)  contractual arrangements are made for the retirement of any indebtedness associated with the interest and issued under 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.034. Gifts

Sec. 306.034.  GIFTS.  The board may accept and receive from any person, and may expend, gifts of money or other things of value for the purpose of performing any function or authority conferred on 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.035. Public Funds

Sec. 306.035.  PUBLIC FUNDS.  The board may accept and receive from the municipality, and may expend, funds appropriated by the municipality for the purpose of improving, equipping, maintaining, operating, and promoting recreational and other facilities under the board's management and 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.036. Depositories

Sec. 306.036.  DEPOSITORIES.  The money belonging to or under the control of the board shall be deposited and secured substantially in the manner prescribed by law for municipal funds.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.037. Advertising

Sec. 306.037.  ADVERTISING.  The board may advertise the municipality's recreational advantages for the purpose of attracting visitors, tourists, residents, and other users of the public facilities operated 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.038. Contracts; Operating Agreements

Sec. 306.038.  CONTRACTS;  OPERATING AGREEMENTS.  (a)  The board may enter into a contract, lease, or other agreement connected with, incident to, or in any manner affecting the financing, construction, equipping, maintaining, managing, or operating of facilities under its management and control.  The board may execute and perform its powers and functions on land leased from others.
(b)  The board may enter into a contract, lease, or agreement with any person relating to the management, operation, or maintenance of any concession, facility, improvement, leasehold, land, or property of any other nature under the management and control of the board.  Such a lease or agreement for the use of board properties by others may not exceed a term of 40 years.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.039. Rules

Sec. 306.039.  RULES.  The board may adopt and enforce reasonable rules, including rules establishing a means of enforcing other rules, relating to the use of parks and facilities under the management and control of the board, including use by the public or by lessees, concessionaires, or other persons carrying on a business activity within the area of the parks and 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.040. Personnel

Sec. 306.040.  PERSONNEL.  (a)  The board may employ permanent or temporary personnel as it may require, including:
(1)  secretaries, stenographers, bookkeepers, accountants, and technical experts;
(2)  municipal park and recreational patrol officers and security officers employed as special park police officers, who must be licensed as peace officers by the Texas Commission on Law Enforcement;
(3)  unarmed security guards; and
(4)  parking attendants.
(b)  The board shall determine the qualifications, duties, and compensation of its personnel.
(c)  A special park police officer appointed and commissioned by the board under this section may make arrests or perform any other service or duty that may be performed by a sheriff, constable, or other peace officer in enforcing the laws of this state, the ordinances of the municipality, the ordinances of the county, and the rules of the board applicable to the use of municipal parks and facilities under the management and control of the board.
(d)  The board may employ a manager for any park or facility and delegate to the manager full authority for the management and operation of the park or facility, subject only to the direction and orders of the board.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.55, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter C. Powers and Duties › Section 306.041. Suits; Legal Services

Sec. 306.041.  SUITS;  LEGAL SERVICES.  (a)  The board may sue and be sued in its own name.
(b)  The board may request from the municipal attorney the legal services it requires.  In addition or in the alternative, the board may employ and compensate its own counsel and 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter D. Financing › Section 306.051. Revenue Bonds

Sec. 306.051.  REVENUE BONDS.  (a)  The board may issue revenue bonds in the name of the board for the purpose of acquiring, constructing, improving, or enlarging land, buildings, facilities, or historically significant objects for any statutory purpose or to further a statutory power of the board.
(b)  The bonds are payable solely from, and secured by a pledge of, the revenues of all or any designated part of the property or facilities under the management and control of the board or other revenues of the board including revenue from an occupancy tax on hotel rooms or from contracts, leases, or other agreements.
(c)  The bonds may be issued in one or more installments or series by resolution of the board.  Issuance of the bonds does not require an election.
(d)  The bonds may be sold at any price and bear interest at any rate, except that the net effective interest rate may not exceed the maximum allowed by law.  The bonds shall be sold by the board at public or private sale on the best terms obtainable.
(e)  The bonds shall mature serially or otherwise not more than 40 years after the date of issuance.
(f)  The bonds shall be executed by the chairman and secretary of the board in the manner provided for the execution of bonds issued by municipalities.
(g)  The bonds shall be issued on terms and conditions in regard to the security, manner, place, and time of payment, pledge of designated revenue, redemption before maturity, and issuance of additional parity or junior lien bonds as specified by the board in the resolution authorizing issuance of the bonds.
(h)  Except as provided by this chapter, Chapter 1502, Government Code, applies to the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.312, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter D. Financing › Section 306.052. Bond Approval and Registration

Sec. 306.052.  BOND APPROVAL AND REGISTRATION.  (a)  The bonds may not be delivered until:
(1)  a transcript of the proceedings authorizing their issuance has been submitted to the attorney general and approved by the attorney general as to legality;  and
(2)  the bonds have been registered by the comptroller of public accounts.
(b)  If approved by the attorney general, the bonds are incontestable except for fraud.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter D. Financing › Section 306.053. Bonds as Negotiable Instruments and Authorized Investments

Sec. 306.053.  BONDS AS NEGOTIABLE INSTRUMENTS AND AUTHORIZED INVESTMENTS.  (a)  The bonds are negotiable instruments and investment securities governed by Chapter 8, Business & Commerce Code.
(b)  The bonds are authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, trustees, and guardians, and for the sinking funds of municipalities, counties, school districts, and other political corporations or subdivisions of the state.
(c)  The bonds are eligible to secure the deposit of public funds of the state and of municipalities, counties, school districts, and other political corporations or subdivisions of the state, and are sufficient security for those deposits to the extent of their face value if accompanied by all unmatured appurtenant interest coupons.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter D. Financing › Section 306.054. Refunding Bonds

Sec. 306.054.  REFUNDING BONDS.  (a)  The board may issue refunding bonds for the purpose of refunding one or more series or installments of outstanding original or refunding revenue bonds of the board.
(b)  The refunding bonds must be issued, approved by the attorney general, and registered with the comptroller of public accounts in the manner and on the terms and conditions prescribed by this chapter for the issuance of original bonds.
(c)  Refunding bonds must bear interest at rates not to exceed that provided by this chapter for original 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 306 - Park Board and Park Bonds: Municipalities With Population of More Than 40,000 › Subchapter D. Financing › Section 306.055. Tax Bonds

Sec. 306.055.  TAX BONDS.  (a)  The board may not issue any bonds payable in whole or in part from ad valorem taxes.
(b)  The board may receive and expend the proceeds of bonds that are payable from taxes and have been issued by the governing body of the municipality for park purposes after the bonds have been authorized at an election held in the manner required by law.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter A. General Provisions › Section 307.001. Eligible Municipalities

Sec. 307.001.  ELIGIBLE MUNICIPALITIES.  A municipality that borders on the Gulf of Mexico and has a population of 50,000 or more may use and occupy for park purposes gulf tidelands and adjacent water as provided by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 598, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter A. General Provisions › Section 307.002. Property Subject to Park Use

Sec. 307.002.  PROPERTY SUBJECT TO PARK USE.  (a)  The municipality may use and occupy for park purposes under this chapter:
(1)  the tidelands between:
(A)  the lines of ordinary high tide and ordinary low tide of the Gulf of Mexico;  and
(B)  extensions into the gulf, not more than 1,000 feet apart, of property lines of property that is above and fronting the tidelands and is owned or acquired by the municipality for park purposes or in or to which the municipality has or may acquire easements or other rights or privileges authorizing the municipality to use or occupy the property for park purposes;  and
(2)  the waters of the gulf adjacent to those tidelands, and the gulf bed below those waters, for a distance not to exceed 2,000 feet from the line of ordinary high tide.
(b)  The municipality may declare abandoned for use as streets or highways and may take, use, and occupy for park purposes all or part of any land previously dedicated as a public street or highway that, because of submersion by the waters of the gulf or the building of a seawall, breakwater, or other structure, has become unfit for use as a street or highway, as determined and declared by the governing body of the municipality.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter A. General Provisions › Section 307.003. Definition

Sec. 307.003.  DEFINITION.  In this chapter, "park land" means the land to which the municipality is granted use and occupancy for park purposes 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter A. General Provisions › Section 307.004. Rights Unaffected

Sec. 307.004.  RIGHTS UNAFFECTED.  (a)  This chapter does not authorize the taking of any private property or interest without compensation as required by the Texas Constitution.
(b)  The State of Texas retains all of the oil, gas, and other mineral rights in and under the park land owned by the state.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter A. General Provisions › Section 307.005. Additional Powers

Sec. 307.005.  ADDITIONAL POWERS.  The powers granted a municipality by this chapter are in addition to any other power conferred by law.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter B. Management and Development of Park Land › Section 307.021. Management and Development of Park; Pier

Sec. 307.021.  MANAGEMENT AND DEVELOPMENT OF PARK;  PIER.  (a)  The governing body of a municipality is entitled to manage and control the park land for park purposes as provided by this chapter.
(b)  The governing body may acquire, erect, construct, repair, enlarge, extend, improve, remodel, furnish, equip, operate, and maintain on the park land not more than one pier extending from the shore and other structures on the pier to provide facilities for recreation, amusement, comfort, assemblies, and lodging of the public.
(c)  The pier may not:
(1)  extend into the gulf for a distance of more than 2,000 feet from the line of ordinary high tide;
(2)  extend into any part of a channel deepened or improved for commercial navigation or between the shoreline and any such channel;  or
(3)  extend into any arm, inlet, bay, or body of water other than the main body of the Gulf of Mexico.
(d)  The governing body may determine the suitability of structures or facilities to be provided on the pier and may allow for the erection, provision, operation, and maintenance of any structure or facility for the convenience and comfort of the public, including one or more of the following:
(1)  theaters;
(2)  restaurants;
(3)  accommodations for overnight and transient guests;
(4)  convention halls;
(5)  dance halls;
(6)  aquariums;
(7)  exhibition halls;
(8)  stadiums for aquatic or other sports;
(9)  concession and amusement device stands or platforms;
(10)  fishing platforms;
(11)  walkways;
(12)  restrooms, toilet facilities, and resting places;  and
(13)  any other structure or facility reasonably adapted and suitable for park purposes on or in connection with the pier.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter B. Management and Development of Park Land › Section 307.022. Acquisition of Private Lands for Park

Sec. 307.022.  ACQUISITION OF PRIVATE LANDS FOR PARK.  The municipality may acquire by gift or purchase any interest in privately owned land within the limits of the municipality for use for park purposes in connection with the pier as the governing body of the municipality determines is 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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter B. Management and Development of Park Land › Section 307.023. Leases and Operating Agreements

Sec. 307.023.  LEASES AND OPERATING AGREEMENTS.  (a)  The governing body of the municipality may enter into any contract in connection with the pier and its facilities on terms it considers to be in the best interest of the municipality, including:
(1)  a lease under which all or part of the pier is leased to one or more other parties;  and
(2)  an operating contract under which all or part of the pier is to be operated by one or more other parties.
(b)  A lease or operating contract must be authorized by ordinance or resolution adopted by the governing body and may cover any term of years not to exceed 40 years from the date of the lease or contract.
(c)  All or part of the proceeds derived by the municipality from a lease or operating contract may be pledged to the payment of revenue bonds issued by the municipality under Subchapter C.
(d)  A lease may authorize the lessee to acquire or construct improvements or facilities and may provide for the transfer of the improvements or facilities to the municipality at the termination of the lease.
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 A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter C. Financing › Section 307.041. Tax Bonds

Sec. 307.041.  TAX BONDS.  (a)  For the purpose of paying for all or part of the costs of acquiring privately owned land under Section 307.022 or the costs of constructing, furnishing, and equipping the pier or another structure connected with the pier, the municipality may borrow money, issue negotiable bonds, and levy and collect ad valorem taxes sufficient to pay the interest on and provide a sinking fund for the bonds.
(b)  The bonds shall be issued in accordance with Subtitles A and C, Title 9, Government Code. If bonds for the purposes described by this section have been authorized at a previous election in accordance with that chapter, the bonds may be issued without an additional election.
(c)  The governing body of the municipality may use bond proceeds to pay part of the cost of erecting, constructing, furnishing, or equipping a structure or improvement authorized by this chapter that, together with the interest in the land occupied by or used in connection with the structure or improvement and the income from the structure or improvement, is to be or has been mortgaged and encumbered for the purpose of paying the additional costs of acquiring, erecting, constructing, furnishing, or equipping the structure or improvement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.313, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle A - Municipal Parks and Other Recreational and Cultural Resources › Chapter 307 - Use of Tidelands for Park Purposes: Gulf Coast Municipalities With Population of 50,000 or More › Subchapter C. Financing › Section 307.044. Refunding Revenue Bonds

Sec. 307.044.  REFUNDING REVENUE BONDS.  (a)  The governing body of the municipality may provide by ordinance for the issuance of revenue refunding bonds for the purpose of refunding outstanding revenue bonds and any accrued interest, interest on past due principal, interest on past due interest, and court judgments pertaining to past due principal and interest.
(b)  The issuance of refunding bonds, the maturity dates and other details of the bonds, the rights of bond holders, and the duties and powers of the municipality in regard to the bonds are governed by the provisions of this chapter relating to original revenue bonds to the extent those provisions can be made applicable.
(c)  Refunding bonds may bear interest at a rate higher than that borne by the underlying bonds, but may not exceed the maximum net effective interest rate applicable to those bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.