CHAPTER 301. RECREATIONAL AND CULTURAL FACILITIES JOINTLY ESTABLISHED BY COUNTIES AND MUNICIPALITIES
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE C. PUBLIC BUILDING PROVISIONS APPLYING TO MORE THAN ONE
TYPE OF LOCAL GOVERNMENT
CHAPTER 301. RECREATIONAL AND CULTURAL FACILITIES JOINTLY
ESTABLISHED BY COUNTIES AND MUNICIPALITIES
Sec. 301.001. AUTHORITY TO ESTABLISH RECREATIONAL OR CULTURAL
FACILITY. (a) In this chapter, "recreational or cultural
facility" means an auditorium, civic center, convention center,
or exposition center.
(b) The commissioners court of a county and the governing body
of a municipality in that county may jointly erect, acquire,
equip, maintain, and operate a recreational or cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1,
1999.
Sec. 301.002. FINANCING OF RECREATIONAL OR CULTURAL FACILITY.
The recreational or cultural facility may be financed out of the
general revenues of the county and the municipality in
proportions that the commissioners court of the county and the
governing body of the municipality decide are appropriate.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1,
1999.
Sec. 301.003. DELEGATION OF AUTHORITY TO BOARD OF MANAGERS;
DONATIONS. (a) The commissioners court of the county and the
governing body of the municipality, by resolution or other proper
action, may delegate to a board of managers the authority to
acquire land for a recreational or cultural facility by purchase
or lease and to erect, maintain, and equip a recreational or
cultural facility.
(b) The board, for the benefit of the recreational or cultural
facility, may accept gifts and bequests on behalf of the county
and municipality and may borrow, receive, exchange, sell, and
lend property. If a donor specifies a purpose for a gift or loan,
the board shall use the gift or loan for that purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1,
1999.
Sec. 301.004. COMPOSITION AND TERMS OF OFFICE OF BOARD OF
MANAGERS. (a) The board of managers must consist of seven
members. The commissioners court of the county and the governing
body of the municipality shall each appoint three members and
shall jointly appoint one member.
(b) The members of the board are appointed for staggered terms
of two years with the terms of two members appointed by the
commissioners court and two members appointed by the governing
body of the municipality expiring on February 1 of each
odd-numbered year and the remaining terms expiring on February 1
of each even-numbered year.
(c) When the commissioners court or the governing body of the
municipality makes its initial appointments to the board, it
shall designate two of the members it appoints for terms expiring
on the first February 1 of an odd-numbered year that follows the
date of the appointments. The remaining appointments shall be
designated for terms that expire on the first February 1 of an
even-numbered year that follows the date of the appointments.
(d) A vacancy on the board shall be filled for the unexpired
part of the term in the same manner that the original appointment
was made.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 301.005. CHAIRMAN AND OTHER OFFICERS. Each year the board
shall elect a chairman. The chairman shall preside over board
meetings and shall sign the contracts, agreements, and other
instruments made by the board on behalf of the county and the
municipality. The board may elect other officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 301.006. AUTHORITY OF BOARD TO CONTRACT. The board may
make any contract connected with or incidental to establishing,
equipping, maintaining, or operating the recreational or cultural
facility and may expend funds set aside by the county and the
municipality for purposes connected with operating and
maintaining the recreational or cultural facility. However, the
board may not bind the county or the municipality to make an
expenditure of funds not specifically appropriated by the county
or the municipality for the benefit of the recreational or
cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1,
1999.
Sec. 301.007. FINANCIAL STATEMENT AND BUDGET. (a) Each year
the board shall prepare and present to the commissioners court of
the county and the governing body of the municipality a complete
financial statement about the condition of the recreational or
cultural facility and a proposed budget for the anticipated
financial needs of the recreational or cultural facility for the
next year.
(b) On the basis of the financial statement and budget, the
commissioners court of the county and the governing body of the
municipality may appropriate to the board an amount of money that
the commissioners court of the county and the governing body of
the municipality consider proper and necessary for the operation
of the recreational or cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1,
1999.
Sec. 301.008. PERSONNEL. The board may employ a superintendent
or manager of the recreational or cultural facility. The
superintendent or manager, with the consent of the board, may
employ permanent or temporary personnel that are necessary for
the maintenance and operation of the recreational or cultural
facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1,
1999.