HB5702 - Relating to the creation of the Llano Historic Railroad Authority; providing authority to impose fees.

  89R14541 MCF-F     By: Virdell H.B. No. 5702       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the Llano Historic Railroad Authority;   providing authority to impose fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 4, Special District Local Laws   Code, is amended by adding Chapter 4502 to read as follows:   CHAPTER 4502.   LLANO HISTORIC RAILROAD AUTHORITY   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 4502.001.  DEFINITIONS. In this chapter:                 (1)     "Authority" means the Llano Historic Railroad   Authority.                 (2)  "Board" means the authority's board of directors.                 (3)  "City" means the City of Llano.                 (4)  "County" means Llano County.                 (5)  "Director" means a board member.                 (6)     "Historic railroad district" means the Austin &   Northwestern Railroad Historic District listed in the National   Register of Historic Places in Llano and Burnet Counties that   includes a rail line between the city and the unincorporated   community of Fairland.           Sec.   4502.002.     CREATION AND NATURE OF AUTHORITY. The Llano   Historic Railroad Authority is a special district created under   Section 59, Article XVI, Texas Constitution, for the development of   parks and recreational facilities.           Sec.   4502.003.     PURPOSES OF AUTHORITY. (a)   The authority is   created to:                 (1)     maintain the physical infrastructure of the rail   line in the historic railroad district and related facilities;                 (2)     restore and maintain the historic railroad   district to the standards appropriate for a railroad listed in the   National Register of Historic Places and the guidelines determined   by the National Park Service;                 (3)     operate activities and facilities associated with   the historic railroad district, including by:                       (A)  operating concessions;                       (B)  operating tourist excursions;                       (C)  conducting historic train tours; and                       (D)  providing educational programming;                 (4)     enhance, augment, and improve the historical,   educational, and cultural benefits offered by the historic railroad   district; and                 (5)     collaborate with local governments, historical   societies, and private entities to promote the authority's   operations.           (b)     The creation of the authority is necessary to promote,   develop, encourage, and maintain employment, commerce,   transportation, tourism, recreation, the arts, entertainment,   economic development, and public welfare in the county.           Sec.   4502.004.     FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)     The authority is created to serve a public use and benefit.           (b)     The creation of the authority is in the public interest   and is essential to:                 (1)     further the public purposes of development and   diversification of the economy of the state;                 (2)  eliminate unemployment and underemployment; and                 (3)     develop and expand commerce, tourism, recreation,   historical awareness, education, and the arts.           (c)  The authority will:                 (1)     promote the health, safety, and general welfare of   residents, employers, employees, visitors, and consumers in the   county; and                 (2)     preserve, maintain, and enhance the economic   health and vitality of the county.           (d)     The authority may not act as the agent or   instrumentality of any private interest, even though the authority   will incidentally benefit many private interests in addition to the   paramount public interest.           Sec.   4502.005.     GENERAL WATER DISTRICT LAW NOT APPLICABLE.   Chapter 49, Water Code, does not apply to the authority.     SUBCHAPTER B.   BOARD OF DIRECTORS           Sec.   4502.051.     GOVERNING BODY; TERMS. (a) The authority is   governed by a board composed of seven voting directors as follows:                 (1)     two directors appointed by the commissioners court   of the county;                 (2)     two directors appointed by the governing body of   the city; and                 (3)  three directors appointed by the other directors.           (b)  Voting directors serve staggered three-year terms.           (c)     The initial directors shall draw lots to determine which   three initial directors serve an initial one-year term and which   four initial directors serve an initial three-year term.             Sec.   4502.052.     ELIGIBILITY. (a)   To be qualified to serve   as a director, a person must be at least 21 years of age.           (b)     A voting director may not serve more than three   consecutive terms.           (c)     At least five of the seven voting directors must live in   the county.           Sec.   4502.053.     APPOINTMENT OF DIRECTORS. (a)   Not later   than August 31 of an appropriate year, by majority vote:                   (1)     the commissioners court of the county shall   appoint as a voting director a person proposed by the county judge   of the county to serve a term beginning on September 1 of that year;   and                 (2)     the governing body of the city shall appoint as a   voting director a person proposed by the mayor of the city to serve   a term beginning on September 1 of that year.           (b)     Not later than September 30 of an appropriate year, by   majority vote, the directors appointed under Subsection (a) shall   appoint a director to serve a term beginning on October 1 of that   year.           Sec.   4502.054.     NONVOTING DIRECTORS. (a)   The following   persons serve as nonvoting directors:                 (1)  the mayor of the city; and                 (2)  the county judge of the county.           (b)     A nonvoting director is not counted in determining the   board quorum.           Sec.   4502.055.     VACANCIES. A board vacancy is filled in the   same manner as the original appointment.           Sec.   4502.056.     OFFICERS. (a) Each year, the board shall   elect from among the voting directors officers for the authority,   including a president, a vice president, a secretary, and a   treasurer.           (b)     The president and the vice president may not both be   directors appointed under Section 4502.051(a)(3).           Sec.   4502.057.     VOTING AUTHORITY OF PRESIDENT. The board   president is a voting director but may vote only to break a tie. All   other voting directors are entitled to one vote on any issue before   the board.   SUBCHAPTER C. POWERS AND DUTIES           Sec.   4502.101.     GENERAL POWERS. The authority has the   powers necessary to accomplish any authority purpose, including the   purposes specified in Section 4502.003.           Sec.   4502.102.     CONTRACTS. (a)   The authority may contract   with any person to manage or operate all or part of authority   property.           (b)     For an authority purpose, the authority may enter into a   contract with a rapid transit authority created under Chapter 451,   Transportation Code.           (c)     This chapter does not authorize the invalidation or   impairment of any contract or agreement entered into before   September 1, 2025, related to a recreational or other use of the   historic railroad district.           Sec.   4502.103.     SALE OF ALCOHOLIC BEVERAGES ON AUTHORITY   PROPERTY. The authority may contract with a person for the retail   sale of alcoholic beverages and a person may sell alcoholic   beverages at retail on authority property that is used as a station   for passenger rail services if the person holds or obtains the   appropriate permit or license authorizing the sale of the alcoholic   beverages.           Sec. 4502.104.  GENERAL PROPERTY POWERS. The authority may:                 (1)     acquire, own, lease, operate, construct,   maintain, repair, improve, or extend improvements, equipment, or   any other property necessary to accomplish an authority purpose; or                 (2)     lease or otherwise convey authority property to   private parties for an authority purpose.           Sec.   4502.105.     COMMUNITY ORGANIZATIONS. (a)   The authority   shall make its facilities available for use by community   organizations, including:                 (1)     schools for educational field trips and   programming;                 (2)     civic and charitable organizations for events,   workshops, and tours; and                 (3)     nonprofit groups promoting arts, culture, and   heritage.           (b)     The authority may establish reasonable policies to   ensure equitable access to facilities, including:                 (1)     a fee structure for cost recovery, which may   include reduced or waived fees for nonprofit organizations or   educational groups; and                 (2)     scheduling procedures to prioritize public   benefit uses.           (c)     The authority shall annually prepare and submit to the   commissioners court of the county and the governing body of the city   a report on community access activities. The report must include:                 (1)     the number and type of events hosted by the   authority; and                 (2)     the amount of revenue generated by the authority   and operating costs covered.           Sec.   4502.106.     RAPID TRANSIT AUTHORITY. A rapid transit   authority may [Text truncated for display. Full text available on Congress.gov.]