§ 33:4574 — Tourist commissions; creation; purpose; directors; powers

Louisiana § 33:4574

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§4574. Tourist commissions; creation; purpose; directors; powers
A. The governing authority of any parish in the state is authorized and empowered
upon its own initiative to form and create a tourist commission or by agreement with the
governing authority of any other parish to combine two or more parishes or parts thereof into
a single tourist commission with such name or names as the governing authority or
authorities may designate.
B. Pursuant to Article VI, Sections 19 and 30 of the Constitution of Louisiana, the
following commissions and bureaus, hereafter collectively referred to in this Chapter as
"tourist commissions" or "commissions", are hereby specifically created as special districts
or commissions. Each such commission shall be a body politic and corporate and a political
subdivision of the state of Louisiana, composed of the following territory:
(1) Acadia Parish Convention and Visitors Commission composed of all the territory
in Acadia Parish.
(2) Alexandria/Pineville Area Convention and Visitors Bureau composed of all the
territory in Rapides Parish.
(3) Allen Parish Tourist Commission composed of all the territory in Allen Parish.
(4) Ascension Parish Tourist Commission composed of all the territory in Ascension
Parish.
(5) Avoyelles Parish Tourist Commission composed of all the territory in Avoyelles
Parish.
(6) Visit Baton Rouge composed of all the territory in East Baton Rouge Parish.
(7) Beauregard Tourist Commission composed of all the territory in Beauregard
Parish.
(8) Cameron Parish Tourist Commission composed of all the territory in Cameron
Parish.
(9) DeSoto Parish Tourist Bureau composed of all the territory in DeSoto Parish.
(10) East Feliciana Parish Tourist Commission composed of all the territory in East
Feliciana Parish.
(11) Grant Parish Tourist Commission composed of all the territory in Grant Parish.
(12) Houma Area Convention and Visitors Bureau composed of all the territory in
Terrebonne Parish.
(13) Iberia Parish Tourist Commission composed of all the territory in Iberia Parish.
(14) Iberville Tourist Commission composed of all the territory in Iberville Parish.
(15) Jefferson Davis Parish Tourist Commission composed of all the territory in
Jefferson Davis Parish.
*(16) Lafayette Parish Convention and Visitors Commission composed of all the
territory in Lafayette Parish.
(17) Lafourche Parish Tourist Commission composed of all the territory in Lafourche
Parish.
(18) Ruston-Lincoln Convention and Visitors Bureau composed of all the territory
in Lincoln Parish.
(19) Livingston Parish Convention and Visitors' Bureau composed of all the territory
in Livingston Parish.
(20) Monroe-West Monroe Convention and Visitor's Bureau of Ouachita Parish
composed of all the territory in Ouachita Parish.
(21) Natchitoches Parish Tourist Commission composed of all the territory in
Natchitoches Parish.
(22) Pointe Coupee Parish Tourist Commission composed of all the territory in
Pointe Coupee Parish.
(23) Sabine Parish Tourist and Recreation Commission composed of all the territory
in Sabine Parish.
(24) Shreveport-Bossier Convention and Tourist Bureau composed of all the territory
in Bossier and Caddo Parishes.
(25) Southwest Louisiana Convention and Visitors Bureau composed of all the
territory in Calcasieu Parish.
(26) St. Landry Parish Tourist Commission composed of all the territory in St.
Landry Parish.
(27) St. Martin Parish Tourist Commission composed of all the territory in St. Martin
Parish.
(28) St. Mary Parish Tourist Commission composed of all the territory in St. Mary
Parish.
(29) St. Tammany Parish Tourist and Convention Commission composed of all the
territory in St. Tammany Parish.
(30) Tangipahoa Parish Tourist Commission composed of all the territory in
Tangipahoa Parish.
(31) Union Tourist Commission composed of all the territory in Union Parish.
(32) Vermilion Parish Tourist Commission composed of all the territory in
Vermilion Parish.
(33) Vernon Parish Tourist and Recreation Commission composed of all the territory
in Vernon Parish.
(34) Washington Parish Tourism Commission composed of all the territory in
Washington Parish.
(35) Webster Parish Convention and Visitors Commission composed of all the
territory in Webster Parish.
(36) West Baton Rouge Parish Tourist Commission composed of all the territory in
West Baton Rouge Parish.
(37) West Feliciana Parish Tourist Commission composed of all the territory in West
Feliciana Parish.
(38) Jefferson Parish Multipurpose Recreation and Tourism Commission composed
of all the territory in Jefferson Parish.
(39) Franklin Parish Tourism Commission composed of all the territory in Franklin
Parish.
(40) Plaquemines Parish; composed of all the territory in Plaquemines Parish.
(41) Morehouse Parish Tourist Commission composed of all the territory in
Morehouse Parish.
(42) East Carroll Parish Tourist Commission composed of all the territory in East
Carroll Parish.
(43) Red River Tourism Commission composed of all the territory in Red River
Parish.
(44) Caldwell Parish Tourist Commission composed of all the territory in Caldwell
Parish.
C. The commissions provided for in this Section shall have the rights, powers, and
duties, and structure as is generally provided for commissions in this Section, except that a
commission also shall have the rights, powers, and duties particularly provided in this
Chapter and in any local, special, or general law for a particular commission.
D.(1) Any parish governing authority which creates a tourist commission pursuant
to Subsection A of this Section may, in naming the commission, designate it a tourist
commission, a convention and visitors bureau, or any similar name which denotes the
obligations and responsibilities of such a commission.
(2) Notwithstanding any name given to an existing tourist commission by this
Section or any other provision of law, an existing tourist commission may, at its own
discretion but subject to the approval of the governing authority or governing authorities of
the parish or parishes in which it operates, change such designation in its name so as to be
known as a tourist commission, a convention and visitors bureau, or any similar name which
denotes the obligations and responsibilities of such a commission.
(3) Upon approval by the parish governing authority or authorities of the name
change, the commission shall submit notice of the name change to the Department of State,
the Department of Revenue, and the Louisiana State Law Institute. If there is a special fund
established in the state treasury from which monies are appropriated to the commission, the
commission shall also submit notice of the name change to the Department of the Treasury.
(4) Any commission which changes its name pursuant to this Paragraph shall
continue in existence and shall continue to be composed and continue to exercise powers and
duties as provided by law. Such name change shall not affect any unfinished business of the
commission, nor shall it affect the status of any law, document, or legal proceeding which
refers to the commission.
E. Any tourist commission created hereby shall have as its purpose the promotion
of tourism within the jurisdiction of the commission.
F.(1)(a) Unless provided otherwise in any local, special, or general law for a
particular commission, the commission shall be governed by a board of seven directors,
hereafter also referred to as the governing authority of the commission in this Chapter, to be
appointed by the governing authority or authorities of the parish or parishes creating the
commission or, in the case of the commissions provided for in Subsection B of this Section,
the parish or parishes which are within the territory of the commission. However, the St.
Mary Parish Tourist Commission, the Houma Area Convention and Visitors Bureau, and the
Vermilion Parish Tourist Commission shall be governed by a board of nine directors; Visit
Baton Rouge shall be governed by a board of ten directors; and the Monroe-West Monroe
Convention and Visitor's Bureau of Ouachita Parish shall be governed by a board of eleven
directors appointed by the Ouachita Parish Police Jury.
(b)(i) Unless provided otherwise in any local, special, or general law for a particular
commission, appointments shall be made from lists of nominees submitted to the governing
authority or authorities by private, nonprofit groups that have an interest in one or more
aspects of the tourism industry; however, appointments to the Monroe-West Monroe
Convention and Visitor's Bureau of Ouachita Parish shall be made from lists of nominees
submitted to the Ouachita Parish Police Jury by private, nonprofit groups which represent
the hotel, restaurant, or tourist attractions industry.
(ii) The directors shall be appointed for terms of three years.
(iii) Notwithstanding any other provision of this Section, in the parishes of
Evangeline and Natchitoches, the governing authorities of the respective parishes may
appoint as one member of the commission the president of any city or parish chamber of
commerce within the jurisdictional boundaries of the governing authority, provided that the
commission shall serve only one parish. Any member so appointed shall serve on the
commission for the duration of his term as president of the chamber of commerce.
(iv) The terms of commissioners of Visit Baton Rouge shall be as provided by Item
(ii) of this Subparagraph except as provided by this Item. For the commissioners serving on
July 14, 1997, the current terms of four such commissioners shall be extended by one year
and the current terms of three such commissioners shall be extended by two years as
determined by lot at the first meeting of the bureau after July 14, 1997.
(v) The term of each member of the board of commissioners of Visit Baton Rouge
shall expire on December thirty-first of the respective year.
(c) The commission provided for in Paragraph (B)(38) shall be governed by a board
of directors which shall be composed of the members of the governing authority of the parish
in which the commission is located and such additional directors as are appointed by such
governing authority; provided that at least two additional directors shall be appointed. In
addition to the rights, powers, duties, and structure as is generally provided for commissions
in this Section, the commission shall have the same authority as is provided for the governing
authority in R.S. 47:338.201 and 338.202.
(2) Notwithstanding the provisions of this Subsection, six of the seven directors of
the St. Tammany Parish Tourist and Convention Commission shall serve three-year terms
and one member shall serve a one-year term. In addition, three members of the St. Tammany
Parish Tourist and Convention Commission shall be domiciled in Ward Eight or Ward Nine
of St. Tammany Parish, one of whom shall be a member of the Louisiana Hotel-Motel
Association. The person appointed to serve as a member of the commission for a one-year
term shall be domiciled in Ward Eight or Ward Nine of St. Tammany Parish during every
other term of office and shall be domiciled in the remainder of the parish during the alternate
years.
(3)(a) Notwithstanding the provisions of this Subsection, the Iberia Parish Tourist
Commission shall be governed by a board of seven directors who shall serve initial terms as
follows:
(i) Two directors for one year.
(ii) Two directors for two years.
(iii) Three directors for three years.
(b) The length of the term of each individual appointed shall be determined by lot
at the first meeting of the board in 1994.
(c) The terms of directors of the board appointed upon the expiration of the initial
terms shall be three years. The directors of the board shall serve until their successors have
been appointed and qualified.
(4) Notwithstanding the provisions of this Subsection, the West Feliciana Parish
Tourist Commission shall be governed by a board of seven directors appointed by the West
Feliciana Parish governing authority. The directors shall serve three-year terms of office
following terms as provided in this Paragraph. Of the seven directors appointed to terms
which begin in January of 1992, three shall be appointed for three-year terms, two shall be
appointed for two-year terms, and two shall be appointed for one-year terms.
(5)(a) Notwithstanding any other provision of law to the contrary, the Red River
Tourism Commission shall be governed by a board of eleven directors appointed by the
governing authority of the parish of Red River.
(b) Board directors appointed pursuant to Subparagraph (a) of this Paragraph shall
serve three-year terms after initial terms as provided in this Subparagraph. Three members
shall serve an initial term of one year; four shall serve initial terms of two years; and four
shall serve an initial term of three years, all as determined by lot at the first meeting of the
board.
(c) Members shall be eligible for reappointment.
(6)(a) Notwithstanding any other provision of law to the contrary, the Jefferson
Davis Parish Tourist Commission shall be governed by a board of directors including the
chairman of the Coushatta Tribe, or his appointee, ex officio, and seven directors appointed
by the parish governing authority as follows:
(i) Two members at large.
(ii) One member shall be appointed from a list of nominees submitted by the
hotel/motel association.
(iii) One member shall be appointed from a list of nominees submitted by the city
of Jennings.
(iv) One member shall be appointed from a list of nominees submitted by the town
of Welsh.
(v) One member shall be appointed from a list of nominees submitted by the town
of Lake Arthur.
(vi) One member shall be appointed from a list of nominees submitted by the town
of Elton.
(b) All members of the board shall reside in the parish of Jefferson Davis.
(7) In addition to the directors appointed under the provisions of this Subsection, the
Caldwell Parish Tourist Commission governing authority shall also include three nonvoting
members. The three members shall be as follows:
(a) The president of the Caldwell Parish Police Jury, or his designee.
(b) The district attorney of Caldwell Parish, or his designee.
(c) A designee of the Caldwell Parish Chamber of Commerce.
(8) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
Lafourche Parish Tourist Commission shall be governed by a board of nine directors
appointed by the governing authority of Lafourche Parish.
(9)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, the Acadia
Parish Convention and Visitors Commission shall be governed by a board of twelve directors
appointed by the governing authority of Acadia Parish.
(b) In addition to the directors appointed pursuant to Subparagraph (a) of this
Paragraph, the board of directors may appoint one additional director to the board. Such an
appointment shall require a majority vote of the full membership of the board and need not
be made from lists of nominees as provided for by Item (1)(b)(i) of this Subsection. The
board may decide, by majority vote of its full membership, that it will no longer utilize the
additional member authorized by this Subparagraph, but such a decision will become
effective only when there is a vacancy in the position due to expiration of a term or for some
other reason.
(10) Notwithstanding the provisions of Paragraph (1) of this Subsection, the West
Baton Rouge Parish Tourist Commission shall be governed by a board of directors composed
of nine members. The two additional members provided for by this Paragraph shall be
appointed as follows:
(a) One member shall be appointed by the board of directors of the commission.
(b) One member shall be appointed by the governing authority of West Baton Rouge
Parish.
(11) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
Livingston Parish Convention and Visitors' Bureau shall be governed by a board of nine
directors appointed by the governing authority of Livingston Parish.
G. Unless provided otherwise in any local, special, or general laws for a particular
commission, the provisions of this Subsection shall apply. The directors so appointed shall
elect from among themselves a chairman who shall serve as the chairman for a term of one
year. Vacancies among the directors shall be filled in the same manner that the original
appointments are made. In addition to the chairman, the commission shall elect from its
membership a vice chairman, secretary and treasurer. The office of secretary and treasurer
may be combined if the commission so elects.
H. The commission shall have the power to sue and be sued, to accept grants or
donations of every type, to make capital improvements for the purpose of obtaining federal
funds, to do all things necessary for the promotion and the advertisement and publication of
information relating to tourist attractions within its jurisdiction. However, the commission
shall not exercise any function which results in competition with local retail businesses or
enterprises. Such tourist commission shall not be construed to be a political subdivision of
the state or of the parish or parishes creating it.
I. Notwithstanding Subsection H of this Section, the commissions provided for in
Subsection B of this Section shall be construed to be political subdivisions of the state.
J.(1) Notwithstanding the provisions of R.S. 42:3, the commission may employ an
executive director or a person to fill a comparable position on a contract basis, having such
qualifications and under such terms and conditions, including but not limited to provisions
for sick and annual leave, as may be fixed by the board of directors, for a period not to
exceed five years. Said terms and conditions shall be specified in a written contract, which
may contain performance objectives and incentives.
(2) The commission and the executive director may enter into subsequent contracts
of employment. Not less than one hundred twenty days prior to the termination of such a
contract, the chairman of the board of directors shall notify the executive director of
termination of employment under such contract, or in lieu thereof the commission and the
executive director may negotiate and enter into a contract for subsequent employment. The
executive director may choose not to enter into subsequent contracts and may terminate his
employment at the end of his contract.
(3) The executive director shall be retained during the term of a contract unless he
is found incompetent or inefficient or is found to have failed to fulfill the terms and
performance objectives of his contract. However, before an executive director can be
removed during the contract period, he shall have the right to written charges and a fair
hearing before the commission after reasonable written notice.
Added by Acts 1975, No. 19, §1. Amended by Acts 1978, No. 774, §1; Acts 1981,
No. 434, §1, eff. July 18, 1981; Acts 1986, No. 278, §1, eff. June 30, 1986; Acts 1990, No.
408, §1, eff. July 18, 1990; Acts 1990, No. 456, §1; Acts 1991, No. 420, §1, eff. Jan. 1, 1994;
Acts 1991, No. 680, §1, eff. Jan. 1, 1992; Acts 1995, No. 47, §1, eff. June 8, 1995; Acts
1997, No. 84, §1; Acts 1997, No. 1090, §1, eff. July 14, 1997; Acts 1997, No. 1167, §1; Acts
1999, No. 225, §1, eff. June 11, 1999; Acts 1999, No. 226, §1; Acts 1999, No. 1141, §1;
Acts 1999, No. 1181, §1, eff. July 9, 1999; Acts 2000, 1st Ex. Sess., No. 124, §1; Acts 2001,
No. 947, §1, eff. June 26, 2001; Acts 2004, No. 657, §1; Acts 2005, No. 171, §1, eff. Oct.,
1, 2005; Acts 2006, No. 189, §1, eff. July 1, 2006; Acts 2007, No. 121, §1, eff. June 25,
2007; Acts 2009, No. 66, §1; Acts 2009, No. 112, §1; Acts 2011, 1 st Ex. Sess., No. 20, §1,
eff. June 12, 2011; Acts 2012, No. 256, §§1, 4, eff. May 25, 2012; Acts 2012, No. 313, §1;
Acts 2013, No. 15, §1; Acts 2015, No. 60, §1; Acts 2017, No. 5, §1; Acts 2021, No. 146,
§§1, 3; Acts 2021, No. 258, §1.
NOTE: Acts 1999, No. 1181, §2 provides that the Act is interpretive in
nature and shall have retroactive and prospective effect.
NOTE: The name of the Shreveport-Bossier Convention and Tourist
Commission was changed to the Shreveport-Bossier Convention and Tourist
Bureau pursuant to R.S. 33:4574(A)(4) (now redesignated as R.S.
33:4574(D)) and so notified the La. State Law Institute on 8/20/01.
*NOTE: See Acts 2005, 1st Ex. Sess., No. 60, §§3 and 4, relative to
application of tax based on period of occupancy.
NOTE: See Acts 2015, No. 60, §2, regarding terms of board members of the Acadia
Parish Convention and Visitors Commission.
NOTE: See Acts 2021, No. 146, §§2, 3, regarding name change of the Livingston
Parish Tourist Commission to the Livingston Parish Convention and Visitors' Bureau
and terms of board members.
NOTE: See Acts 2021, No. 258, §2, regarding terms of board members of the
Acadia Parish Convention and Visitors Commission.