CHAPTER 316. COUNTY USE FEES
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL
RESOURCES
CHAPTER 316. COUNTY USE FEES
SUBCHAPTER A. GENERAL AUTHORITY
Sec. 316.001. AUTHORITY TO SET AND COLLECT FEES. Except as
provided by Section 316.002, the commissioners court of a county
may set and collect fees:
(1) for the use of county recreational facilities, including
facilities constructed or installed in a county park;
(2) for the use of recreational services provided by the county;
(3) for the rental or sale of recreational supplies by the
county in conjunction with the provision of county recreational
facilities or services; or
(4) for admission to a county park, if approved by a majority of
the qualified voters of the county voting on the issue at a
referendum election, which the commissioners court may order and
hold for that purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 424, Sec. 1, eff. Aug. 28,
1989.
Sec. 316.002. EXCEPTIONS. This chapter does not authorize the
commissioners court to set or collect a fee:
(1) for the use of a toilet or other restroom facility;
(2) for the sale of water for human consumption; or
(3) for the use of a team sports facility, including a baseball,
football, basketball, volleyball, or soccer facility, by a sports
team composed primarily of minors and sponsored and supported by
a nonprofit organization.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 424, Sec. 2, eff. Aug. 28,
1989.
Sec. 316.003. AMOUNT OF FEES. (a) Except as provided by
Subsection (b), the commissioners court may not set the fees in
amounts that would produce more total revenue in a year than is
necessary to pay the annual expense of providing all county
recreational facilities and services.
(b) The commissioners court may set the fee for admission to a
county park in an amount not to exceed the maximum amount
provided by law for entrance to a state park.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 424, Sec. 3, eff. Aug. 28,
1989.
Sec. 316.004. SPECIAL CIRCUMSTANCES; WAIVER. The commissioners
court may set and collect the fees in different amounts or may
waive the fees in consideration of the following factors:
(1) the time of the day at which or the day of the week on which
a facility or service is used;
(2) the size of a group wishing to use a facility or service;
(3) the special circumstances of certain classes of persons,
including elderly persons and indigent persons; or
(4) other factors that the court considers to justify a
different fee or the waiver of a fee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 316.005. DISPOSITION OF FEES. Fees collected under this
chapter shall be deposited in the general fund of the county, and
fees collected for admission to a county park may be used only to
maintain or improve the county park the admission for which the
fees were collected.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 424, Sec. 4, eff. Aug. 28,
1989.
SUBCHAPTER B. MISCELLANEOUS PROVISIONS
Sec. 316.021. MUSEUMS AND HISTORIC SITES IN POPULOUS COUNTIES.
(a) The commissioners court of a county with a population of 2.2
million or more may charge and collect a fee from the general
public for admission to a county-operated museum, historical
site, historical building, or other similar building or site.
(b) The commissioners court by order may set the admission fee
authorized by this section.
(c) Admission fees charged and collected under this section
shall be placed in a county special fund to be used by the
commissioners court for the payment of costs associated with the
administration, maintenance, security, or staffing necessary to
operate the building or site. The special fund may not be
expended for purposes other than those associated with the
building or site.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 93, 94, eff. Sept.
1, 2001.
Sec. 316.022. MUSEUMS AND HISTORIC SITES IN CERTAIN COUNTIES
OPERATED BY NONPROFIT ORGANIZATIONS. (a) The commissioners
court of a county with a population of 2.2 million or more may
enter into a contract with a nonprofit organization authorizing
the nonprofit organization to:
(1) manage and operate a museum, historical site, historical
building, or similar building or site in the county; and
(2) charge and collect a fee from the general public for
admission to the museum, historical site, historical building, or
similar building or site if the nonprofit organization is not
obligated to the county for capital improvements to the museum,
historical site, historical building, or similar building or
site.
(b) The commissioners court by order shall set the admission fee
authorized by the contract.
(c) The funds generated by the admission fees are not required
to be deposited in the county treasury.
(d) The nonprofit organization may spend funds generated by the
admission fees for the payment of costs associated with the
administration, maintenance, security, or staffing necessary to
operate the building or site as approved by the commissioners
court and provided by the contract. The funds may not be spent
for purposes other than those associated with the building or
site.
(e) In this section, "nonprofit organization" means a private,
nonprofit, tax-exempt organization described by Section
501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)), as amended.
Added by Acts 1997, 75th Leg., ch. 800, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 95, eff.
Sept. 1, 2001.