2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
CHAPTER 306. PARK BOARD AND PARK BONDS: MUNICIPALITIES WITH POPULATION OF MORE THAN 40,000  

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

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.

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.

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.

SUBCHAPTER B. PARK BOARD OF TRUSTEES

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.

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.

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.

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.

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.

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.

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.

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.

SUBCHAPTER C. POWERS AND DUTIES

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 patrolmen and security

officers employed as special park police officers, who must be

licensed as peace officers by the Commission on Law Enforcement

Officer Standards and Education;

(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.

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.

SUBCHAPTER D. FINANCING

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.

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.

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.

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.

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.