HBA-JRA H.B. 3460 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3460
By: Kuempel
Ways & Means
7/26/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1987, the legislature authorized the creation of park and recreation
districts in counties with river frontage on the Guadalupe and Comal Rivers
to provide law enforcement and river cleanup programs.  Such districts are
authorized to implement a tax on rental of recreation equipment and park
services.  H.B. 3460 specifies the services to which the taxes authorized
by Section 324.099, Local Government Code, apply and limits this tax to $1
per person for certain types of rentals and services.  This bill also
prohibits water-oriented recreational equipment from being rented to a
person younger than 18 years of age. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 324.099(b), Local Government Code, as follows:

(b)(1) Authorizes a parks and recreation district (district) to levy taxes
within the district at a rate not greater than five percent on each person
who, under a lease, concession, permit, right of access, license, contract,
or agreement, pays $1 or more for each day to rent a camping space, a
parking space, a boat slip, fishing tackle, or water-oriented recreational
equipment intended for use on a lake in the district.  Previously, such
taxes were not restricted to persons who paid $1 or more each day for such
rentals.   

(2)  Makes a conforming change.

(3)  Authorizes the district to levy taxes within the district at a rate
not greater than $1 per person on the rental of water-oriented recreational
equipment intended for use on a river in the district.  Previously, all
rental of water-oriented recreational equipment in the district was taxable
at a rate not greater than five percent.  Decreases the rate of taxation on
shuttle services in the district, including river ingress and egress
costing at least $1 each day, from a rate not less than five percent but
greater than $1 to a rate not greater than $1 per person. 

SECTION 2.  Amends Chapter 324, Local Government Code, by adding Subchapter
Z, as follows: 

SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

Sec. 324.901.  REQUIREMENTS FOR RENTAL OF WATER-ORIENTED RECREATIONAL
EQUIPMENT.  Provides that this section applies only to the rental of
water-oriented recreational equipment in a district.  Prohibits a person
from renting wateroriented recreational equipment to a person younger than
18 years of age.  Authorizes a person to rent water-oriented recreational
equipment to a person who is at least 18 years of age only if each person
who is at least 18 years of age or older who will use the equipment signs a
written agreement for the rental of that equipment and each person who will
use the equipment, regardless of age, is listed on the agreement.   
 
SECTION 3.Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 4.  Emergency clause.