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H.B. No. 2019
AN ACT
relating to the nonsubstantive revision of certain local laws
concerning special districts, including conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
SECTION 1.01. Subtitle A, Title 3, Special District Local
Laws Code, is amended by adding Chapters 1001, 1004, 1005, 1006, 1008, and 1009 to read as follows:
CHAPTER 1001. CITY OF AMARILLO HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS
Sec. 1001.002. NATURE OF DISTRICT
Sec. 1001.003. DUTY TO NAME DISTRICT
Sec. 1001.004. DISTRICT TERRITORY
[Sections 1001.005-1001.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1001.051. BOARD; TERM
Sec. 1001.052. MANAGER REMOVAL
Sec. 1001.053. OFFICERS
Sec. 1001.054. COMPENSATION
Sec. 1001.055. RECORDS OF PROCEEDINGS
Sec. 1001.056. DISTRICT ADMINISTRATOR
Sec. 1001.057. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1001.058. ASSISTANT ADMINISTRATOR
Sec. 1001.059. LEGAL COUNSEL
Sec. 1001.060. EMPLOYEES
Sec. 1001.061. PHYSICIAN QUALIFICATION
Sec. 1001.062. HEALTH CARE EDUCATIONAL PROGRAMS
Sec. 1001.063. RETIREMENT PROGRAM
Sec. 1001.064. LIABILITY INSURANCE
Sec. 1001.065. SEAL
[Sections 1001.066-1001.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1001.101. DISTRICT RESPONSIBILITY
Sec. 1001.102. RESTRICTION ON MUNICIPAL OR COUNTY
TAXATION
Sec. 1001.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1001.104. HOSPITAL SYSTEM
Sec. 1001.105. RULES
Sec. 1001.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1001.107. ELIGIBILITY STANDARDS; PRICING
Sec. 1001.108. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1001.109. EMINENT DOMAIN
Sec. 1001.110. GIFTS AND ENDOWMENTS
Sec. 1001.111. CONTRACTS FOR SERVICES TO CERTAIN
PERSONS
Sec. 1001.112. JOINT ADMINISTRATION OR DELIVERY OF
HEALTH CARE SERVICES
Sec. 1001.113. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1001.114. REIMBURSEMENT FOR SERVICES TO
NONRESIDENTS
Sec. 1001.115. AUTHORITY TO SUE AND BE SUED
[Sections 1001.116-1001.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1001.151. PETITION TO EXPAND DISTRICT TERRITORY
Sec. 1001.152. NOTICE OF HEARING
Sec. 1001.153. ORDER OF ANNEXATION
Sec. 1001.154. RATIFICATION ELECTION
Sec. 1001.155. NOTICE OF RATIFICATION ELECTION
Sec. 1001.156. ASSUMPTION OF DEBT AND TAXES
Sec. 1001.157. BALLOT
[Sections 1001.158-1001.200 reserved for expansion]
SUBCHAPTER E. EXPANSION OF SERVICE
INTO RANDALL COUNTY
Sec. 1001.201. ELECTION ON EXPANSION OF SERVICE
Sec. 1001.202. BALLOT
Sec. 1001.203. ELECTION RESULTS
Sec. 1001.204. TAXES
Sec. 1001.205. PARTICIPATION IN OPERATION OF DISTRICT
Sec. 1001.206. CUMULATIVE EFFECT
[Sections 1001.207-1001.250 reserved for expansion]
SUBCHAPTER F. DISCONTINUATION OF SERVICE TO RANDALL COUNTY
TERRITORY
Sec. 1001.251. ELECTION ON DISCONTINUATION OF SERVICE
Sec. 1001.252. BALLOT
Sec. 1001.253. ELECTION RESULTS
Sec. 1001.254. TAXES
[Sections 1001.255-1001.300 reserved for expansion]
SUBCHAPTER G. GENERAL FINANCIAL PROVISIONS
Sec. 1001.301. BUDGET
Sec. 1001.302. FINANCIAL REPORT
Sec. 1001.303. DEPOSITORY
[Sections 1001.304-1001.350 reserved for expansion]
SUBCHAPTER H. BONDS
Sec. 1001.351. GENERAL OBLIGATION BONDS
Sec. 1001.352. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1001.353. GENERAL OBLIGATION BOND ELECTION
Sec. 1001.354. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1001.355. INVESTMENT OF GENERAL OBLIGATION BOND
PROCEEDS
Sec. 1001.356. REVENUE BONDS
Sec. 1001.357. PAYMENT OF REVENUE BONDS; SECURITY
Sec. 1001.358. USE OF REVENUE BOND PROCEEDS
Sec. 1001.359. CHARGE FOR OCCUPANCY OR USE OF HOSPITAL
FACILITY
Sec. 1001.360. REFUNDING BONDS
Sec. 1001.361. BONDS EXEMPT FROM TAXATION
[Sections 1001.362-1001.400 reserved for expansion]
SUBCHAPTER I. TAXES
Sec. 1001.401. IMPOSITION OF AD VALOREM TAX
Sec. 1001.402. DUTY TO IMPOSE TAX
Sec. 1001.403. POTTER COUNTY TAX
Sec. 1001.404. TAX ASSESSOR-COLLECTOR
Sec. 1001.405. INTEREST, PENALTIES, AND DISCOUNTS
CHAPTER 1001. CITY OF AMARILLO HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of hospital managers of
the district.
(2) "District" means the City of Amarillo Hospital
District.
(3) "Governing body" means the governing body of the
City of Amarillo.
(4) "Manager" means a member of the board. (New.)
Sec. 1001.002. NATURE OF DISTRICT. (a) The district is:
(1) a public entity performing an essential public
function; and
(2) a body politic and corporate.
(b) The functions of the district are governmental and
public. (Acts 55th Leg., R.S., Ch. 136, Secs. 1 (part), 20 (part).)
Sec. 1001.003. DUTY TO NAME DISTRICT. The governing body
shall specify the name of the district. (Acts 55th Leg., R.S., Ch.
136, Sec. 1 (part).)
Sec. 1001.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of the City of
Amarillo unless the district territory is expanded under:
(1) Subchapter D; or
(2) other law. (Acts 55th Leg., R.S., Ch. 136, Sec. 1
(part).)
[Sections 1001.005-1001.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1001.051. BOARD; TERM. (a) The board consists of not
fewer than five and not more than seven managers appointed by the
governing body.
(b) Managers serve two-year terms unless four-year elected
terms are established under Section 285.081, Health and Safety
Code. The terms may overlap. (Acts 55th Leg., R.S., Ch. 136, Sec.
5, Subsec. a (part).)
Sec. 1001.052. MANAGER REMOVAL. By majority vote, the
governing body may remove a manager with or without cause. (Acts
55th Leg., R.S., Ch. 136, Sec. 5, Subsec. a (part).)
Sec. 1001.053. OFFICERS. (a) The board shall select from
among the managers a presiding officer.
(b) The presiding officer shall preside over the board. A
presiding officer pro tem shall preside in the absence of the
presiding officer.
(c) The district administrator or any manager may be
appointed secretary. (Acts 55th Leg., R.S., Ch. 136, Sec. 5,
Subsec. e (part).)
Sec. 1001.054. COMPENSATION. A manager serves without
pay. (Acts 55th Leg., R.S., Ch. 136, Sec. 5, Subsec. a (part).)
Sec. 1001.055. RECORDS OF PROCEEDINGS. (a) The secretary
shall keep suitable records of all proceedings of each board
meeting.
(b) After each meeting:
(1) the presiding officer or the presiding officer pro
tem shall read and sign the record; and
(2) the secretary shall attest the record. (Acts 55th
Leg., R.S., Ch. 136, Sec. 5, Subsec. e (part).)
Sec. 1001.056. DISTRICT ADMINISTRATOR. (a) The board
shall:
(1) appoint a person qualified by training and
experience as district administrator; and
(2) determine the administrator's compensation.
(b) The board may remove the district administrator at any
time.
(c) Before assuming the duties of district administrator,
the administrator must execute a bond payable to the district in an
amount of not less than $10,000 that:
(1) is conditioned on the administrator performing
well and faithfully the administrator's required duties; and
(2) contains other conditions the board may require.
(Acts 55th Leg., R.S., Ch. 136, Sec. 5, Subsec. b (part).)
Sec. 1001.057. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) perform the duties required by the board;
(2) supervise the work and activities of the district;
and
(3) direct the affairs of the district. (Acts 55th
Leg., R.S., Ch. 136, Sec. 5, Subsec. b (part).)
Sec. 1001.058. ASSISTANT ADMINISTRATOR. (a) The board
may designate an assistant administrator to discharge a duty or
function of the district administrator in the event of the
administrator's incapacity, absence, or inability to discharge the
duty or function.
(b) The assistant administrator shall post the bond
required by board order.
(c) The assistant administrator is subject to the
limitations prescribed by board order. (Acts 55th Leg., R.S., Ch.
136, Sec. 7.)
Sec. 1001.059. LEGAL COUNSEL. (a) The attorneys who
represent the City of Amarillo in civil matters may represent the
board in all legal matters.
(b) The district shall contribute sufficient money to the
City of Amarillo's account designated for the attorneys of the city
to pay all additional salaries and expenses incurred by the
attorneys in performing the duties required by the district.
(c) The board may employ legal counsel selected by the board
if the board considers the employment advisable. (Acts 55th Leg.,
R.S., Ch. 136, Sec. 12.)
Sec. 1001.060. EMPLOYEES. (a) The board may employ
doctors, nurses, technicians, and other employees considered
advisable for the efficient operation of the hospital or hospital
system.
(b) The board may delegate to the district administrator the
authority to hire district employees. (Acts 55th Leg., R.S., Ch.
136, Sec. 5, Subsec. c.)
Sec. 1001.061. PHYSICIAN QUALIFICATION. The board may use
district money to ensure the initial and continued qualification of
physicians and other personnel. (Acts 55th Leg., R.S., Ch. 136,
Sec. 5, Subsec. i.)
Sec. 1001.062. HEALTH CARE EDUCATIONAL PROGRAMS. (a) The
board may spend district money, enter into an agreement, or take
other necessary action to conduct, participate in, or assist in
providing health care educational programs for:
(1) the public; or
(2) current or potential medical staff members or
district employees.
(b) The board may contract with West Texas A&M University or
another educational institution for:
(1) the coordination of educational programs in
recognized health care professions, including pharmacy, nursing,
and allied health professions, to be conducted by each; and
(2) cooperative funding of the educational programs.
(c) The district may provide services, money, or equipment
and may make district facilities available to West Texas A&M
University or another educational institution for clinical
instruction, research, or degree programs. (Acts 55th Leg., R.S.,
Ch. 136, Sec. 5, Subsec. h; Sec. 5a.)
Sec. 1001.063. RETIREMENT PROGRAM. The board may
establish or continue a retirement program for the benefit of the
district's employees or contract with this state or the federal
government for that purpose. (Acts 55th Leg., R.S., Ch. 136, Sec.
5, Subsec. d (part).)
Sec. 1001.064. LIABILITY INSURANCE. The board may
purchase insurance to protect the managers from any liability that
results from service on the board. (Acts 55th Leg., R.S., Ch. 136,
Sec. 5, Subsec. f.)
Sec. 1001.065. SEAL. The board may use a seal engraved
with the district's name to authenticate the acts of the board. The
secretary of the board shall keep the seal. (Acts 55th Leg., R.S.,
Ch. 136, Sec. 5, Subsec. e (part).)
[Sections 1001.066-1001.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1001.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for providing medical and hospital care for the
district's needy and indigent residents. (Acts 55th Leg., R.S.,
Ch. 136, Sec. 13 (part).)
Sec. 1001.102. RESTRICTION ON MUNICIPAL OR COUNTY TAXATION.
The City of Amarillo or a county may not impose a tax for hospital
purposes on property within the district. (Acts 55th Leg., R.S.,
Ch. 136, Sec. 13 (part).)
Sec. 1001.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
(a) The board shall manage, control, and administer the hospital or
hospital system.
(b) The Potter County Commissioners Court may participate
in the operation of the district on terms agreed on by the governing
body acting for the board. (Acts 55th Leg., R.S., Ch. 136, Sec. 5,
Subsec. a (part); Sec. 16 (part).)
Sec. 1001.104. HOSPITAL SYSTEM. (a) The district may own
and operate a hospital or hospital system for indigent and needy
persons.
(b) The district may provide for the establishment of a
hospital or hospital system to provide medical aid and hospital
care to indigent and needy persons residing in the district. (Acts
55th Leg., R.S., Ch. 136, Sec. 1 (part).)
Sec. 1001.105. RULES. The board may adopt rules for the
operation of the hospital or hospital system. (Acts 55th Leg.,
R.S., Ch. 136, Sec. 5, Subsec. a (part).)
Sec. 1001.106. PURCHASING AND ACCOUNTING PROCEDURES. (a)
The governing body may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures.
(b) The governing body by resolution or order may delegate
to the board a power described by Subsection (a).
(c) The district shall pay the salaries and expenses
necessarily incurred by the City of Amarillo or by an officer or
agent of the City of Amarillo in performing a duty prescribed or
required by this section.
(d) An officer, employee, or agent of the City of Amarillo
shall perform any function or service prescribed by the governing
body under this chapter. (Acts 55th Leg., R.S., Ch. 136, Sec. 6.)
Sec. 1001.107. ELIGIBILITY STANDARDS; PRICING. (a) Not
later than the first day of each fiscal year, the board shall adopt
requirements for the district to use in determining whether a
person is eligible for hospital, medical, or health care assistance
from the district.
(b) The board shall determine the price charged for district
services and products and for the use of district facilities.
(c) The board may use the pricing methods the board
considers advisable, including discount and per diem pricing.
(d) The board shall adopt an application procedure
specifying the documentation required to support an application for
assistance. (Acts 55th Leg., R.S., Ch. 136, Sec. 5, Subsec. g; Sec.
13A.)
Sec. 1001.108. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The district may purchase or lease land inside or
outside the district as required for district purposes.
(b) Subject to Subsection (c), the district may sell or
lease land owned by the district at public or private sale.
(c) The district may not sell or lease real property until
the governing body determines that:
(1) the property is no longer required for district
purposes; or
(2) the grantee or lessee will use the property for
hospital purposes or for purposes incidental and necessary to
hospital purposes. (Acts 55th Leg., R.S., Ch. 136, Sec. 9, Subsec.
b.)
Sec. 1001.109. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property, real, personal, or mixed,
located in district territory if the property interest is necessary
or convenient for the district to exercise a right, power,
privilege, or function conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide bond or other security
for costs in the trial court;
(2) provide bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or writ of error. (Acts 55th Leg., R.S., Ch. 136, Sec. 9,
Subsec. a.)
Sec. 1001.110. GIFTS AND ENDOWMENTS. (a) The board may
accept for the district a gift or endowment to be held in trust or
otherwise and administered by the board for any purpose and under
any direction, limitation, or provision prescribed in writing by
the donor that is not inconsistent with the proper management and
objectives of the district.
(b) The board may establish a foundation or nonprofit
corporation for the purposes of this section. (Acts 55th Leg.,
R.S., Ch. 136, Sec. 15.)
Sec. 1001.111. CONTRACTS FOR SERVICES TO CERTAIN
PERSONS. Subject to the approval of the governing body, the board
may contract with:
(1) a county or municipality for the care and
treatment of a sick or injured person of that county or
municipality; and
(2) this state or a federal agency for the care and
treatment of a person for whom the state or agency is responsible.
(Acts 55th Leg., R.S., Ch. 136, Sec. 5, Subsec. d (part).)
Sec. 1001.112. JOINT ADMINISTRATION OR DELIVERY OF HEALTH
CARE SERVICES. To provide joint administration or delivery of
health care services, the district may affiliate with or enter into
an arrangement with:
(1) a managed care system;
(2) a preferred provider organization;
(3) a health maintenance organization;
(4) a provider of an alternative health care or
delivery system; or
(5) a private hospital. (Acts 55th Leg., R.S., Ch.
136, Sec. 18.)
Sec. 1001.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient from Potter County or the district has been admitted
to a district facility, the district administrator shall have an
inquiry made into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives are liable to pay for all or part of the
costs of the patient's care and treatment, the patient or those
relatives shall be ordered to pay the district a specified amount
for the patient's support.
(c) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(Acts 55th Leg., R.S., Ch. 136, Sec. 14, Subsec. a.)
Sec. 1001.114. REIMBURSEMENT FOR SERVICES TO
NONRESIDENTS. (a) The board shall require a county, municipality,
or public hospital located outside the boundaries of the district
to reimburse the district for the district's care and treatment of a
sick or injured person of that county, municipality, or hospital,
as provided by Chapter 61, Health and Safety Code.
(b) The board shall require the sheriff or police chief of a
county or municipality to reimburse the district for the district's
care and treatment of a person who is confined in a jail facility of
the county or municipality and is not a resident of the district.
(Acts 55th Leg., R.S., Ch. 136, Sec. 17.)
Sec. 1001.115. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued in the name of the district.
(Acts 55th Leg., R.S., Ch. 136, Sec. 5, Subsec. a (part).)
[Sections 1001.116-1001.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1001.151. PETITION TO EXPAND DISTRICT
TERRITORY. (a) Registered voters of a defined territory not
included in the district may file a petition with the board
requesting inclusion of the territory in the district.
(b) The petition must be signed by at least 50 registered
voters of the territory or a majority of those voters, whichever is
fewer. (Acts 55th Leg., R.S., Ch. 136, Sec. 19, Subsec. a.)
Sec. 1001.152. NOTICE OF HEARING. (a) The board by order
shall set a time and place to hold a hearing on a petition to include
a defined territory in the district.
(b) The hearing shall be held at least 30 days after the date
the board issues the order.
(c) The board shall notify the governing body of the
hearing. (Acts 55th Leg., R.S., Ch. 136, Sec. 19, Subsec. b.)
Sec. 1001.153. ORDER OF ANNEXATION. (a) If, after a
hearing under Section 1001.152, the board and the governing body
determine that annexation of a defined territory into the district
would benefit the district, the board and the governing body may
approve the annexation by a resolution entered in their minutes.
(b) The board and the governing body are not required to
include all territory described in the petition if the board and the
governing body find that including only a portion of the territory
is necessary or desirable. (Acts 55th Leg., R.S., Ch. 136, Sec. 19,
Subsec. c.)
Sec. 1001.154. RATIFICATION ELECTION. (a) Annexation of
territory is final when approved by a majority of the voters at:
(1) an election held in the district; and
(2) a separate election held in the territory to be
annexed.
(b) The election shall be held not earlier than the 45th day
and not later than the 60th day after the date the election is
ordered.
(c) The election may be called by the governing body on its
own motion.
(d) The election order must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) The election shall be conducted by the persons
responsible for conducting citywide elections in the City of
Amarillo. The district shall:
(1) pay the City of Amarillo for the cost of an
election held under this section; and
(2) provide for the payment before the governing body
orders the election.
(f) Section 41.001(a), Election Code, does not apply to an
election held under this section. (Acts 55th Leg., R.S., Ch. 136,
Sec. 19, Subsecs. d (part), f, g, i, j, k.)
Sec. 1001.155. NOTICE OF RATIFICATION ELECTION. (a) The
governing body shall give notice of an election under Section
1001.154 by publishing once a week for two consecutive weeks a
substantial copy of the election order in a newspaper with general
circulation in:
(1) the district; and
(2) the territory proposed to be added to the
district.
(b) The first publication of the notice must appear at least
35 days before the date of the election. (Acts 55th Leg., R.S., Ch.
136, Sec. 19, Subsec. h.)
Sec. 1001.156. ASSUMPTION OF DEBT AND TAXES. If the
district has outstanding debts or taxes, the voters in an election
to approve annexation under Section 1001.154 must determine whether
the annexed territory will assume its portion of the debts or taxes
on annexation. (Acts 55th Leg., R.S., Ch. 136, Sec. 19, Subsec. d
(part).)
Sec. 1001.157. BALLOT. The ballot for an election under
Section 1001.154 shall be printed to permit voting for or against
the following, as applicable:
(1) "Adding (description of territory to be annexed)
to the City of Amarillo Hospital District and authorizing the
governing body of the City of Amarillo to impose annual taxes to
support the City of Amarillo Hospital District at a rate not to
exceed 75 cents on each $100 valuation of taxable property in the
territory to be annexed."
(2) "(Description of territory to be annexed) assuming
its proportionate share of the outstanding debts and taxes of the
City of Amarillo Hospital District, if the territory is added to the
district." (Acts 55th Leg., R.S., Ch. 136, Sec. 19, Subsec. e.)
[Sections 1001.158-1001.200 reserved for expansion]
SUBCHAPTER E. EXPANSION OF SERVICE
INTO RANDALL COUNTY
Sec. 1001.201. ELECTION ON EXPANSION OF SERVICE. (a) On
presentation of a petition for an authorization election signed by
at least five percent of the qualified voters of Randall County who
do not reside within the boundaries of the City of Amarillo or the
South Randall County Hospital District, the Randall County
Commissioners Court shall call an election to authorize:
(1) the City of Amarillo Hospital District to serve
the residents of that designated area of Randall County; and
(2) the Randall County Commissioners Court to impose a
tax to support the district at a rate not to exceed 75 cents on each
$100 valuation of all property in the area.
(b) An election authorized under this section shall be held
not later than the 60th day after the date the election is ordered.
(c) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 55th Leg., R.S., Ch.
136, Sec. 3B, Subsecs. (a), (f).)
Sec. 1001.202. BALLOT. The ballot for an election under
this subchapter shall be printed to permit voting for or against the
proposition: "The assumption by the City of Amarillo Hospital
District of the duty to serve Randall County residents who do not
reside within the boundaries of the City of Amarillo or the South
Randall County Hospital District, and the imposition of annual
taxes to support the Amarillo Hospital District at a rate not to
exceed 75 cents on each $100 valuation of taxable property in the
proposed area to be served." (Acts 55th Leg., R.S., Ch. 136, Sec.
3B, Subsec. (b).)
Sec. 1001.203. ELECTION RESULTS. If a majority of the
votes in an election under this subchapter favor the expansion
proposition:
(1) the district, by resolution, shall assume:
(A) the duty to serve the designated area of
Randall County; and
(B) the responsibility of Randall County to
provide medical and hospital care to the indigent and needy
inhabitants of that area; and
(2) the Randall County Commissioners Court shall
impose a tax sufficient to pay the costs, as determined by the
board, of providing medical and hospital care to the indigent and
needy residents of that area. (Acts 55th Leg., R.S., Ch. 136, Sec.
3B, Subsec. (c) (part).)
Sec. 1001.204. TAXES. A tax imposed by the Randall County
Commissioners Court under this subchapter may not exceed 75 cents
on each $100 valuation of all property in Randall County that is not
within the boundaries of the City of Amarillo or the South Randall
County Hospital District. (Acts 55th Leg., R.S., Ch. 136, Sec. 3B,
Subsec. (c) (part).)
Sec. 1001.205. PARTICIPATION IN OPERATION OF
DISTRICT. The Randall County Commissioners Court and the
governing body, acting for the board, may agree on terms under which
the commissioners court may participate in the operation of the
district. (Acts 55th Leg., R.S., Ch. 136, Sec. 3B, Subsec. (d).)
Sec. 1001.206. CUMULATIVE EFFECT. This subchapter and
Subchapter F are cumulative of any other law establishing the
manner in which Randall County, or any portion of Randall County,
may participate in, be annexed to, or otherwise be served by the
district. (Acts 55th Leg., R.S., Ch. 136, Sec. 3B, Subsec. g.)
[Sections 1001.207-1001.250 reserved for expansion]
SUBCHAPTER F. DISCONTINUATION OF SERVICE TO RANDALL COUNTY
TERRITORY
Sec. 1001.251. ELECTION ON DISCONTINUATION OF
SERVICE. (a) On presentation of a petition for a discontinuation
election signed by at least five percent of the qualified voters of
the area receiving services under Subchapter E, the Randall County
Commissioners Court shall call an election to discontinue:
(1) the provision of services by the district; and
(2) the imposition of taxes to support the district.
(b) The election shall be held not later than the 60th day
after the date the election is ordered.
(c) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 55th Leg., R.S., Ch.
136, Sec. 3B, Subsecs. (e) (part), (f) (part).)
Sec. 1001.252. BALLOT. The ballot for an election under
this subchapter shall be printed to provide for voting for or
against the proposition: "Discontinuation by the City of Amarillo
Hospital District of the duty to provide services and
discontinuation of the imposition of taxes to support the
district." (Acts 55th Leg., R.S., Ch. 136, Sec. 3B, Subsec. (e)
(part).)
Sec. 1001.253. ELECTION RESULTS. If a majority of the
votes in an election favor the proposition to discontinue service
under this subchapter, the district is relieved of the duty to
provide medical and hospital care to the indigent and needy
residents of the area receiving services in Randall County and
shall cease providing the services. (Acts 55th Leg., R.S., Ch. 136,
Sec. 3B, Subsec. (e) (part).)
Sec. 1001.254. TAXES. The district is entitled to receive
taxes from the area in which services are discontinued under this
subchapter in an amount sufficient to pay expenses incurred by the
district in serving the area residents before the date services
were discontinued. (Acts 55th Leg., R.S., Ch. 136, Sec. 3B, Subsec.
(e) (part).)
[Sections 1001.255-1001.300 reserved for expansion]
SUBCHAPTER G. GENERAL FINANCIAL PROVISIONS
Sec. 1001.301. BUDGET. (a) The district administrator,
under the direction of the board, shall prepare an annual budget.
(b) The governing body and the board shall:
(1) provide in each annual budget for the payment of
all operation and maintenance expenses of the district; and
(2) consider the estimated excess revenues and income
from hospital facilities available for paying the operation and
maintenance expenses after providing for the principal, interest,
and reserve requirements of revenue bonds issued for the district.
(c) The budget must be approved by the board and presented
to the governing body for final approval.
(d) The governing body must approve all budget revisions.
(Acts 55th Leg., R.S., Ch. 136, Sec. 3A, Subsec. (g) (part); Sec. 8
(part).)
Sec. 1001.302. FINANCIAL REPORT. (a) As soon as
practicable after the close of each fiscal year, the district
administrator shall prepare a report that includes:
(1) a complete sworn statement of:
(A) all money and choses in action received by
the administrator; and
(B) how the money and choses in action were
disbursed or otherwise disposed; and
(2) the details of district operation during the
preceding fiscal year.
(b) The district administrator shall make the report to:
(1) the board;
(2) the governing body;
(3) the Potter County Commissioners Court;
(4) the Texas Board of Health; and
(5) the comptroller. (Acts 55th Leg., R.S., Ch. 136,
Sec. 8 (part).)
Sec. 1001.303. DEPOSITORY. (a) The board shall select
one or more depositories for the district in the manner provided by
law for the selection of a county depository.
(b) A depository selected by the board shall be the
depository of the district until one or more successors are
selected and qualified.
(c) All income received by the district, including tax
revenue after deducting discounts and fees for assessing and
collecting the taxes, shall be deposited with the hospital
depository and may be withdrawn only as provided by this chapter.
(Acts 55th Leg., R.S., Ch. 136, Sec. 2, Subsec. b (part); Sec. 10.)
[Sections 1001.304-1001.350 reserved for expansion]
SUBCHAPTER H. BONDS
Sec. 1001.351. GENERAL OBLIGATION BONDS. The governing
body may issue and sell general obligation bonds in the name and on
the faith and credit of the district to purchase, construct,
acquire, equip, or enlarge the hospital or hospital system. (Acts
55th Leg., R.S., Ch. 136, Sec. 3, Subsec. a (part).)
Sec. 1001.352. TAX TO PAY GENERAL OBLIGATION
BONDS. (a) The governing body shall impose an ad valorem tax at a
rate sufficient to create an interest and sinking fund to pay the
principal of and interest on the general obligation bonds as the
bonds mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed 75 cents on each
$100 valuation of all taxable property in the district. (Acts 55th
Leg., R.S., Ch. 136, Sec. 3, Subsec. a (part).)
Sec. 1001.353. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting at an election held
according to the law relating to municipal bonds.
(b) The governing body shall call the election at the
request of the board and may also call the election on its own
motion.
(c) The person charged with conducting and arranging
citywide elections is responsible for conducting the bond election.
(d) The district shall pay the cost of a bond election. The
district must provide for the payment of election costs before the
governing body is required to order an election. (Acts 55th Leg.,
R.S., Ch. 136, Sec. 3, Subsec. a (part).)
Sec. 1001.354. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The mayor of the City of Amarillo shall execute the general
obligation bonds in the district's name.
(b) The city secretary shall countersign the bonds. (Acts
55th Leg., R.S., Ch. 136, Sec. 3, Subsec. a (part).)
Sec. 1001.355. INVESTMENT OF GENERAL OBLIGATION BOND
PROCEEDS. Proceeds from the sale of general obligation bonds may
be invested in direct obligations of the United States government.
(Acts 55th Leg., R.S., Ch. 136, Sec. 3, Subsec. e.)
Sec. 1001.356. REVENUE BONDS. (a) The governing body may
issue and sell revenue bonds for and in the name of the district to:
(1) purchase, construct, acquire, repair, renovate,
improve, enlarge, or equip hospital facilities; or
(2) acquire real or personal property for use in
connection with the hospital facilities.
(b) A revenue bond issued under this section is a special
obligation of the district.
(c) A revenue bond issued under this section must mature not
later than 40 years after the date of issuance. The total principal
of revenue bonds issued and outstanding may not exceed $20 million.
(d) Under the terms prescribed in an ordinance authorizing
the issuance of revenue bonds, the governing body may provide for
the subsequent issuance of additional parity bonds, subordinate
lien bonds, or other types of bonds. (Acts 55th Leg., R.S., Ch.
136, Sec. 3A, Subsecs. (a), (d), (e).)
Sec. 1001.357. PAYMENT OF REVENUE BONDS; SECURITY. (a) The
governing body may:
(1) issue revenue bonds payable from and secured by
liens on and pledges of all or any part of the revenues and income,
other than ad valorem taxes, derived by the district from the
operation and ownership of hospital facilities; and
(2) pledge to the payment of revenue bonds all or any
part of a grant, donation, or income received or to be received from
the United States or any other public or private source.
(b) The bonds may be additionally secured by a mortgage or
deed of trust on any real property on which a district hospital
facility is or will be located and any real or personal property
incident or appurtenant to the facility. The governing body may
authorize the execution and delivery of a trust indenture,
mortgage, deed of trust, or other form of encumbrance to evidence
the security interest. (Acts 55th Leg., R.S., Ch. 136, Sec. 3A,
Subsecs. (b), (c).)
Sec. 1001.358. USE OF REVENUE BOND PROCEEDS. (a) If
permitted in the bond ordinance, any required part of the proceeds
from the sale of the revenue bonds may be used to:
(1) pay interest on the bonds during the construction
of a hospital facility to be provided through the issuance of the
bonds;
(2) pay operation and maintenance expenses of the
facility to the extent and for the time specified in the bond
ordinance; and
(3) create reserves for the payment of the principal
of and interest on the bonds.
(b) The proceeds of the bonds may be invested until needed
to the extent and in the manner provided by the bond ordinance.
(Acts 55th Leg., R.S., Ch. 136, Sec. 3A, Subsec. (f) (part).)
Sec. 1001.359. CHARGE FOR OCCUPANCY OR USE OF HOSPITAL
FACILITY. The governing body and the board shall establish and
collect charges for the occupancy or use of a hospital facility and
for related services in the amounts and manner determined by the
board. The charges shall be set and collected in amounts at least
sufficient with any other pledged resources to:
(1) pay the principal of, interest on, and any other
amounts required in relation to the bonds issued by the district;
and
(2) to the extent required by the bond ordinance, pay
all or any part of the operation, maintenance, and other expenses of
the hospital facility. (Acts 55th Leg., R.S., Ch. 136, Sec. 3A,
Subsec. (g) (part).)
Sec. 1001.360. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding general
obligation bonds issued or assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the bonds to be refunded; or
(2) exchanged in whole or in part for not less than a
like amount of bonds to be refunded and the matured but unpaid
interest on those bonds.
(c) The refunding bonds must mature not later than 40 years
after the date of issuance. (Acts 55th Leg., R.S., Ch. 136, Sec. 3,
Subsecs. a (part), b.)
Sec. 1001.361. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) a transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 55th
Leg., R.S., Ch. 136, Sec. 20 (part).)
[Sections 1001.362-1001.400 reserved for expansion]
SUBCHAPTER I. TAXES
Sec. 1001.401. IMPOSITION OF AD VALOREM TAX. (a) The
governing body shall impose on all taxable property in the
district, for the benefit of the district, a tax at a rate not to
exceed 75 cents on each $100 valuation of the property.
(b) The governing body shall impose the tax at the same time
taxes are imposed for municipal purposes, using the municipal
appraisal roll.
(c) The tax may be used to:
(1) pay the interest on and create a sinking fund for
bonds assumed or issued by the district for hospital purposes as
provided by this chapter;
(2) provide for the operation and maintenance of the
hospital or hospital system; and
(3) when requested by the board and approved by the
governing body, make improvements and additions to the hospital
system and acquire necessary sites by purchase, lease, or
condemnation. (Acts 55th Leg., R.S., Ch. 136, Sec. 2, Subsecs. a, b
(part); Sec. 3A, Subsec. (g) (part).)
Sec. 1001.402. DUTY TO IMPOSE TAX. (a) The ordinance
authorizing the issuance of revenue bonds may pledge the proceeds
of an annual ad valorem tax for the payment of the district's
operation and maintenance expenses.
(b) If the annual ad valorem tax is pledged, the governing
body shall, during each year during which the bonds are
outstanding, compute a tax rate sufficient to pay the operation and
maintenance expenses. The tax rate shall be based on the most
recent certified appraisal roll of the district.
(c) The ad valorem tax shall be imposed on all taxable
property in the district for each year the bonds are outstanding.
The tax shall be assessed and collected each year and used for the
purpose prescribed by this section to the extent required. (Acts
55th Leg., R.S., Ch. 136, Sec. 3A, Subsec. (g) (part).)
Sec. 1001.403. POTTER COUNTY TAX. (a) The Potter County
Commissioners Court may impose an ad valorem tax on all property
inside the county and outside the boundaries of the City of Amarillo
to provide financial aid to the district.
(b) The tax may not exceed 10 cents on each $100 valuation of
all taxable property described by Subsection (a). (Acts 55th Leg.,
R.S., Ch. 136, Sec. 16 (part).)
Sec. 1001.404. TAX ASSESSOR-COLLECTOR. (a) The tax
assessor and collector for the City of Amarillo shall collect taxes
imposed on all property subject to district taxation in the same
manner and under the same conditions as for city taxes.
(b) From payments to the district, the tax assessor and
collector shall deduct fees for assessing and collecting the tax.
The fee may not exceed 1-1/2 percent of the amount collected as
determined by the governing body. The collected fees shall be
deposited in the City of Amarillo's general fund. (Acts 55th Leg.,
R.S., Ch. 136, Sec. 2, Subsec. b (part).)
Sec. 1001.405. INTEREST, PENALTIES, AND DISCOUNTS.
Interest, penalties, and discounts on taxes paid to the district
shall be the same as those on taxes paid to the city. (Acts 55th Leg., R.S., Ch. 136, Sec. 2, Subsec. b (part).)
CHAPTER 1004. BALLINGER MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1004.001. DEFINITIONS
Sec. 1004.002. AUTHORITY FOR OPERATION
Sec. 1004.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1004.004. DISTRICT TERRITORY
Sec. 1004.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1004.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1004.007-1004.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1004.051. BOARD
Sec. 1004.052. TERMS; ELECTION
Sec. 1004.053. QUALIFICATIONS FOR OFFICE
Sec. 1004.054. DIRECTOR'S BOND
Sec. 1004.055. BOARD VACANCY
Sec. 1004.056. OFFICERS
Sec. 1004.057. COMPENSATION; REIMBURSEMENT
Sec. 1004.058. VOTING REQUIREMENT
Sec. 1004.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S
BOND
Sec. 1004.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1004.061. ASSISTANT DISTRICT ADMINISTRATOR;
ATTORNEY
Sec. 1004.062. EMPLOYEES
Sec. 1004.063. RECRUITMENT OF MEDICAL STAFF AND
EMPLOYEES
Sec. 1004.064. APPOINTMENT AND REMOVAL OF MEDICAL
STAFF
Sec. 1004.065. RETIREMENT BENEFITS
[Sections 1004.066-1004.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1004.101. DISTRICT RESPONSIBILITY
Sec. 1004.102. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1004.103. RULES
Sec. 1004.104. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1004.105. PROVISION OF CERTAIN HEALTH SERVICES
Sec. 1004.106. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1004.107. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1004.108. SERVICE CONTRACTS
Sec. 1004.109. EMINENT DOMAIN
Sec. 1004.110. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1004.111. GIFTS AND ENDOWMENTS
Sec. 1004.112. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1004.113. REIMBURSEMENT FOR SERVICES
Sec. 1004.114. NONPROFIT CORPORATION
Sec. 1004.115. AUTHORITY TO SUE AND BE SUED
Sec. 1004.116. CONSTRUCTION CONTRACTS; ADVERTISING FOR CERTAIN
CONSTRUCTION CONTRACTS
[Sections 1004.117-1004.150 reserved for expansion]
SUBCHAPTER D. DISSOLUTION
Sec. 1004.151. DISSOLUTION; ELECTION
Sec. 1004.152. NOTICE OF ELECTION
Sec. 1004.153. BALLOT
Sec. 1004.154. ELECTION RESULTS
Sec. 1004.155. TRANSFER OR ADMINISTRATION OF ASSETS
Sec. 1004.156. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1004.157. REPORT; DISSOLUTION ORDER
[Sections 1004.158-1004.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1004.201. BUDGET
Sec. 1004.202. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1004.203. AMENDMENT OF BUDGET
Sec. 1004.204. FISCAL YEAR
Sec. 1004.205. ANNUAL AUDIT
Sec. 1004.206. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1004.207. FINANCIAL REPORT
Sec. 1004.208. SHORT-TERM FINANCING
Sec. 1004.209. DEBT LIMITATION
Sec. 1004.210. DEPOSITORY
Sec. 1004.211. RESTRICTION ON INVESTMENT
[Sections 1004.212-1004.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1004.251. GENERAL OBLIGATION BONDS
Sec. 1004.252. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1004.253. GENERAL OBLIGATION BOND ELECTION
Sec. 1004.254. REVENUE BONDS
Sec. 1004.255. MATURITY
Sec. 1004.256. EXECUTION OF BONDS
Sec. 1004.257. BONDS NOT SUBJECT TO TAXATION
[Sections 1004.258-1004.300 reserved for expansion]
SUBCHAPTER G. AD VALOREM TAX
Sec. 1004.301. IMPOSITION OF AD VALOREM TAX
Sec. 1004.302. TAX RATE
Sec. 1004.303. ELECTION TO INCREASE MAXIMUM TAX RATE
Sec. 1004.304. NOTICE OF ELECTION
Sec. 1004.305. BALLOT
Sec. 1004.306. TAX ASSESSOR-COLLECTOR
CHAPTER 1004. BALLINGER MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1004.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Ballinger Memorial Hospital
District. (Acts 70th Leg., R.S., Ch. 137, Sec. 1.01.)
Sec. 1004.002. AUTHORITY FOR OPERATION. The Ballinger
Memorial Hospital District operates and is financed as provided by
Section 9, Article IX, Texas Constitution, and by this chapter.
(Acts 70th Leg., R.S., Ch. 137, Sec. 1.02.)
Sec. 1004.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
70th Leg., R.S., Ch. 137, Sec. 7.11 (part).)
Sec. 1004.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1.03, Chapter 137,
Acts of the 70th Legislature, Regular Session, 1987, as that
territory may have been modified under other law. (New.)
Sec. 1004.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The state may not be obligated for the support or
maintenance of the district. (Acts 70th Leg., R.S., Ch. 137, Sec.
9.01 (part).)
Sec. 1004.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 70th Leg., R.S., Ch. 137, Sec. 9.01 (part).)
[Sections 1004.007-1004.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1004.051. BOARD. The district is governed by a board
of seven directors. (Acts 70th Leg., R.S., Ch. 137, Sec. 4.01(a).)
Sec. 1004.052. TERMS; ELECTION. (a) Directors are elected
from the district at large.
(b) Unless a four-year term is established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) a directors' election shall be held on the first
Saturday in May of each year to elect the appropriate number of
directors.
(c) Notice of the directors' election shall be published at
least once in a newspaper with general circulation in the district
in accordance with Section 4.003(a), Election Code. (Acts 70th
Leg., R.S., Ch. 137, Secs. 4.03(a), (c) (part), 4.04.)
Sec. 1004.053. QUALIFICATIONS FOR OFFICE. (a) To be a
candidate for or to serve as a director, a person must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) An employee of the district may not serve as a director.
(Acts 70th Leg., R.S., Ch. 137, Sec. 4.06.)
Sec. 1004.054. DIRECTOR'S BOND. (a) Before assuming the
duties of office, each director must execute a bond in the amount of
$5,000 payable to the district and conditioned on the faithful
performance of the director's duties.
(b) The bond shall be kept in the permanent records of the
district.
(c) The board may pay for a director's bond with district
money. (Acts 70th Leg., R.S., Ch. 137, Sec. 4.07.)
Sec. 1004.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the remainder of the unexpired term. (Acts 70th Leg.,
R.S., Ch. 137, Sec. 4.08.)
Sec. 1004.056. OFFICERS. (a) The board shall elect a
president and a vice president from among the directors.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves a one-year term.
(d) The board shall fill a vacancy in a board office for the
remainder of the unexpired term. (Acts 70th Leg., R.S., Ch. 137,
Secs. 4.09, 4.10.)
Sec. 1004.057. COMPENSATION; REIMBURSEMENT. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 70th Leg., R.S., Ch.
137, Sec. 4.11.)
Sec. 1004.058. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in matters relating
to district business. (Acts 70th Leg., R.S., Ch. 137, Sec. 4.12.)
Sec. 1004.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S
BOND. (a) The board may appoint a qualified person as district
administrator.
(b) The district administrator serves at the will of the
board.
(c) The district administrator is entitled to compensation
determined by the board.
(d) Before assuming the duties of district administrator,
the administrator must execute a bond payable to the district in an
amount not less than $5,000, as determined by the board,
conditioned on the faithful performance of the administrator's
duties.
(e) The board may pay for the bond with district money.
(Acts 70th Leg., R.S., Ch. 137, Secs. 4.13(a) (part), (b) (part),
(c) (part), (d).)
Sec. 1004.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district. (Acts
70th Leg., R.S., Ch. 137, Sec. 4.16.)
Sec. 1004.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
(a) The board may appoint qualified persons as assistant district
administrator and attorney for the district.
(b) The assistant district administrator and attorney for
the district serve at the will of the board.
(c) The assistant district administrator and attorney for
the district are entitled to compensation determined by the board.
(Acts 70th Leg., R.S., Ch. 137, Secs. 4.13(a) (part), (b) (part),
(c) (part).)
Sec. 1004.062. EMPLOYEES. (a) The district may employ
nurses, technicians, fiscal agents, accountants, architects,
additional attorneys, and other necessary employees.
(b) The board may delegate to the district administrator the
authority to employ persons for the district. (Acts 70th Leg.,
R.S., Ch. 137, Sec. 4.15.)
Sec. 1004.063. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
The board may spend district money, enter into agreements, and take
other necessary action to recruit physicians and other persons to
serve as medical staff members or district employees. The actions
may include:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation
expenses;
(3) providing a loan or scholarship to a physician or a
person currently enrolled in health care education courses at an
institution of higher education who contracts to become a medical
staff member or district employee; or
(4) contracting with a full-time medical student or
other student in a health occupation who is enrolled in and in good
standing at an accredited medical school, college, or university to
pay the student's tuition or other expenses for the consideration
of the student agreeing to serve as an employee or independent
contractor for the district. (Acts 70th Leg., R.S., Ch. 137, Secs.
4.18, 5.05(c).)
Sec. 1004.064. APPOINTMENT AND REMOVAL OF MEDICAL STAFF.
The board may:
(1) appoint to the medical staff any doctor the board
considers necessary for the efficient operation of the district;
(2) remove any doctor from the medical staff, after
due process, if the board considers the doctor's removal necessary
for the efficient operation of the district; and
(3) make temporary appointments to the medical staff
as the board considers necessary. (Acts 70th Leg., R.S., Ch. 137,
Sec. 4.14.)
Sec. 1004.065. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 70th Leg., R.S., Ch.
137, Sec. 4.17.)
[Sections 1004.066-1004.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1004.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for operating hospital facilities and
providing medical and hospital care for the district's needy
residents. (Acts 70th Leg., R.S., Ch. 137, Sec. 5.02 (part).)
Sec. 1004.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the money and resources of the district. (Acts 70th Leg., R.S.,
Ch. 137, Sec. 5.03.)
Sec. 1004.103. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of
district staff and employees. (Acts 70th Leg., R.S., Ch. 137, Sec.
5.04.)
Sec. 1004.104. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of making purchases and expenditures by
and for the district; and
(2) accounting and control procedures for the
district. (Acts 70th Leg., R.S., Ch. 137, Secs. 5.05(a), (b).)
Sec. 1004.105. PROVISION OF CERTAIN HEALTH SERVICES. (a)
The district may operate or provide for the operation of a mobile
emergency medical service.
(b) The district may operate or provide for home health
services, long-term care, skilled nursing care, intermediate
nursing care, or hospice care. (Acts 70th Leg., R.S., Ch. 137, Sec.
5.02 (part).)
Sec. 1004.106. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, facilities, and equipment for
the district for use in the hospital system;
(2) mortgage or pledge the property, facilities, or
equipment as security for payment of the purchase price;
(3) sell or otherwise dispose of property, facilities,
or equipment for the district; or
(4) lease hospital facilities for the district. (Acts
70th Leg., R.S., Ch. 137, Sec. 5.06.)
Sec. 1004.107. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into operating or management contracts relating to
hospital facilities for the district. (Acts 70th Leg., R.S., Ch.
137, Sec. 5.08.)
Sec. 1004.108. SERVICE CONTRACTS. (a) The board may
contract with a public or private hospital, a political subdivision
of the state, or a state or federal agency for the district to
provide a mobile emergency medical service or other health care
services needed to provide for the investigatory or welfare needs
of residents of the district.
(b) The board may contract with a person to receive or
supply the services the board considers necessary for the effective
operation of the district. (Acts 70th Leg., R.S., Ch. 137, Sec.
5.13.)
Sec. 1004.109. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
interest is necessary for the district to exercise the rights or
authority conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except that the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide bond or other security
for costs in the trial court;
(2) provide bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or writ of error. (Acts 70th Leg., R.S., Ch. 137, Sec.
5.09.)
Sec. 1004.110. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction of any railroad, highway, pipeline, or
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, the district shall pay
the actual cost of that activity to provide a comparable
replacement, without enhancement of facilities, after deducting
the net salvage value derived from the old facility. (Acts 70th
Leg., R.S., Ch. 137, Sec. 5.10.)
Sec. 1004.111. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or provision in
writing by the donor that is consistent with the proper management
of the district. (Acts 70th Leg., R.S., Ch. 137, Sec. 5.14.)
Sec. 1004.112. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a person who resides in the district is admitted as a patient
to a district facility, the district administrator may have an
inquiry made into the financial circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) To the extent that the patient or a relative of the
patient who is legally responsible for the patient's support cannot
pay for care and treatment provided by the district, the district
shall supply the care and treatment without charging the patient or
the patient's relative.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator shall report that determination to the board, and the
board shall issue an order directing the patient or the relative to
pay the district a specified amount each week. The amount must be
based on the person's ability to pay.
(d) The district administrator may collect money owed to the
district from the patient's estate or from that of a relative
legally responsible for the patient's support in the manner
provided by law for the collection of expenses in the last illness
of a deceased person.
(e) If there is a dispute relating to a person's ability to
pay or if the district administrator has any doubt concerning a
person's ability to pay, the board shall call witnesses, hear and
resolve the question, and issue a final order. The order may be
appealed to a district court in the county in which the district is
located. The substantial evidence rule applies to an appeal under
this subsection. (Acts 70th Leg., R.S., Ch. 137, Secs. 5.11(b),
(c), (d), (e), (f).)
Sec. 1004.113. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside of the district to reimburse the district for the
district's care and treatment of a sick or injured person of that
county, municipality, or hospital, as provided by Chapter 61,
Health and Safety Code.
(b) The board shall require the sheriff of Runnels County to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Runnels County and is
not a resident of the district.
(c) On behalf of the district, the board may contract with
the state or federal government for that government to reimburse
the district for treatment of a sick or injured person. (Acts 70th
Leg., R.S., Ch. 137, Sec. 5.12.)
Sec. 1004.114. NONPROFIT CORPORATION. (a) The district
may create and sponsor a nonprofit corporation under the Business
Organizations Code and may contribute money to or solicit money for
the corporation.
(a-1) On or before December 31, 2009, the district may
create and sponsor a nonprofit corporation under the Texas
Non-Profit Corporation Act (Article 1396-1.01, et seq., Vernon's
Texas Civil Statutes) or the Business Organizations Code, as
applicable, and may contribute money to or solicit money for the
corporation.
(b) A corporation created under this section may use money
contributed by the district only to provide health care or other
services the district is authorized to provide under this chapter.
(c) The corporation may invest the corporation's money in
any manner in which the district may invest the district's money,
including investing money as authorized by Chapter 2256, Government
Code.
(d) The board shall establish controls to ensure that the
corporation uses its money as required by this section.
(e) This subsection and Subsection (a-1) expire December
31, 2009. (Acts 70th Leg., R.S., Ch. 137, Sec. 4.19.)
Sec. 1004.115. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 70th Leg., R.S.,
Ch. 137, Sec. 5.15.)
Sec. 1004.116. CONSTRUCTION CONTRACTS; ADVERTISING FOR
CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a
construction contract on the district's behalf.
(b) The board may enter into a construction contract only
after competitive bidding as provided by Subchapter B, Chapter 271,
Local Government Code, if the amount of the contract is greater than
the amount provided by Section 271.024 of that code. (Acts 70th
Leg., R.S., Ch. 137, Sec. 5.07(a).)
[Sections 1004.117-1004.150 reserved for expansion]
SUBCHAPTER D. DISSOLUTION
Sec. 1004.151. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the voters voting
in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by at least 15
percent of the district's registered voters.
(d) The election shall be held not later than the 60th day
after the date the election is ordered.
(e) The order calling the election must state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001, Election Code, does not apply to an
election ordered under this section. (Acts 70th Leg., R.S., Ch.
137, Secs. 11.01, 11.02, 11.03.)
Sec. 1004.152. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing a
substantial copy of the election order in a newspaper with general
circulation in the district once a week for two consecutive weeks.
(b) The first publication must appear not later than the
35th day before the date set for the election. (Acts 70th Leg.,
R.S., Ch. 137, Sec. 11.04.)
Sec. 1004.153. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Ballinger Memorial Hospital
District." (Acts 70th Leg., R.S., Ch. 137, Sec. 11.05.)
Sec. 1004.154. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall order that the district be dissolved.
(b) If a majority of the votes in an election under this
subchapter do not favor dissolution, the board shall continue to
administer the district, and another election on the question of
dissolution may not be held before the first anniversary of the date
of the most recent election to dissolve the district. (Acts 70th
Leg., R.S., Ch. 137, Sec. 11.06.)
Sec. 1004.155. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
If a majority of the votes in an election under this subchapter
favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets belonging to the district to Runnels
County or another governmental entity in Runnels County; or
(2) administer the property, assets, and debts of the
district until all money has been disposed of and all district debts
have been paid or settled.
(b) If the district makes a transfer under Subsection
(a)(1), the county or governmental entity assumes all debts and
obligations of the district at the time of the transfer. The
district is dissolved at the time of the transfer.
(c) If the district administers the property, assets, and
debts of the district under Subsection (a)(2), the district is
dissolved when all money has been disposed of and all district debts
have been paid or settled. (Acts 70th Leg., R.S., Ch. 137, Secs.
11.07, 11.08(a).)
Sec. 1004.156. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board determines that the district is
dissolved, the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the funds to the county tax assessor-collector. (Acts
70th Leg., R.S., Ch. 137, Secs. 11.08(b), 11.09.)
Sec. 1004.157. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its money
and other assets as prescribed by this subchapter, the board shall
file a written report with the Commissioners Court of Runnels
County summarizing the board's actions in dissolving the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Runnels County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 70th Leg., R.S., Ch. 137, Sec. 11.10.)
[Sections 1004.158-1004.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1004.201. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each
fund of the district;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenues and balances
available to cover the proposed budget; and
(7) the estimated tax rate required. (Acts 70th Leg.,
R.S., Ch. 137, Sec. 6.04.)
Sec. 1004.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed budget.
(b) The board shall publish notice of the hearing in a
newspaper with general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make a change in the proposed budget
that the board determines to be in the interests of the taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 70th Leg., R.S., Ch. 137, Sec. 6.05.)
Sec. 1004.203. AMENDMENT OF BUDGET. After the budget is
adopted, the budget may be amended on the board's approval. (Acts
70th Leg., R.S., Ch. 137, Sec. 6.06.)
Sec. 1004.204. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period in which revenue bonds of the
district are outstanding; or
(2) more than once in a 24-month period. (Acts 70th
Leg., R.S., Ch. 137, Sec. 6.01.)
Sec. 1004.205. ANNUAL AUDIT. The board shall have an annual
audit made of the financial condition of the district. (Acts 70th
Leg., R.S., Ch. 137, Sec. 6.02.)
Sec. 1004.206. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records are open to
inspection during regular business hours at the principal office of
the district. (Acts 70th Leg., R.S., Ch. 137, Sec. 6.03.)
Sec. 1004.207. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board a sworn statement of the amount of
district money and an account of the disbursement of that money.
(Acts 70th Leg., R.S., Ch. 137, Sec. 6.08.)
Sec. 1004.208. SHORT-TERM FINANCING. The district may
borrow money through short-term financing. (Acts 70th Leg., R.S.,
Ch. 137, Sec. 6.07.)
Sec. 1004.209. DEBT LIMITATION. Except as provided by
Chapter 1207, Government Code, and Sections 1004.116, 1004.251, and
1004.254, the district may not incur a debt payable from district
revenue other than revenue available in the current fiscal year and
the immediately following fiscal year of the district. (Acts 70th
Leg., R.S., Ch. 137, Sec. 6.09(a).)
Sec. 1004.210. DEPOSITORY. (a) The board shall select at
least one bank to serve as a depository for district money.
(b) The board may solicit bids from local financial
institutions to determine which institution may serve as a
depository for district money.
(c) District money, other than money invested as provided by
Section 1004.211 and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit. This subsection does not limit the board's power to place
part of the district's money on time deposit or to purchase
certificates of deposit.
(d) The district may deposit money with a bank in an amount
that exceeds the maximum amount secured by the Federal Deposit
Insurance Corporation only if the bank first executes a bond or
other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 70th Leg., R.S., Ch. 137,
Sec. 6.10.)
Sec. 1004.211. RESTRICTION ON INVESTMENT. The board may
invest operating, depreciation, or building reserves only in funds
or securities specified by Chapter 2256, Government Code. (Acts
70th Leg., R.S., Ch. 137, Sec. 6.09(b).)
[Sections 1004.212-1004.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1004.251. GENERAL OBLIGATION BONDS. If authorized by
an election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical
service. (Acts 70th Leg., R.S., Ch. 137, Sec. 7.01.)
Sec. 1004.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1004.251, the board shall impose an ad valorem tax in an
amount sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed the limit
approved by the voters at the election authorizing the imposition
of taxes. (Acts 70th Leg., R.S., Ch. 137, Sec. 7.02.)
Sec. 1004.253. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting in an election held
for that purpose.
(b) The board may order a bond election. The order calling
the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of polling places;
(4) the amounts of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election must be given as provided by
Chapter 1251, Government Code.
(d) The board shall declare the results of the election.
(Acts 70th Leg., R.S., Ch. 137, Sec. 7.03.)
Sec. 1004.254. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) acquire, purchase, construct, repair, renovate,
or equip buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical
service to assist the district in carrying out its hospital
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenues derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of the district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety
Code, for issuance of revenue bonds by county hospital authorities.
(Acts 70th Leg., R.S., Ch. 137, Sec. 7.04.)
Sec. 1004.255. MATURITY. District bonds must mature not
later than 50 years after the date of their issuance. (Acts 70th
Leg., R.S., Ch. 137, Sec. 7.06 (part).)
Sec. 1004.256. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 70th Leg.,
R.S., Ch. 137, Sec. 7.07.)
Sec. 1004.257. BONDS NOT SUBJECT TO TAXATION. The
following are not subject to taxation by the state or by a political
subdivision of the state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 70th
Leg., R.S., Ch. 137, Sec. 7.11 (part).)
[Sections 1004.258-1004.300 reserved for expansion]
SUBCHAPTER G. AD VALOREM TAX
Sec. 1004.301. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
hospital district taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The district may not impose a tax to pay the principal of
or interest on revenue bonds issued under this chapter. (Acts 70th
Leg., R.S., Ch. 137, Secs. 8.01(c), (d), 8.02(b).)
Sec. 1004.302. TAX RATE. (a) The board may impose an
annual tax at a rate not to exceed the limit approved by the voters
at the election authorizing the imposition of a tax.
(b) The tax rate on all taxable property in the district for
all purposes may not exceed 75 cents on each $100 valuation of the
property according to the most recent certified tax appraisal roll
of the district.
(c) In setting the tax rate, the board shall consider
district income from sources other than taxation. (Acts 70th Leg.,
R.S., Ch. 137, Secs. 8.01(a), (b), 8.03 (part).)
Sec. 1004.303. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
The board may order an election to increase the maximum tax rate of
the district to an amount not to exceed 75 cents on each $100
valuation of the taxable property in the district.
(b) The board shall order an election to increase the
maximum tax rate of the district on presentation of a petition that:
(1) requests the election;
(2) states the maximum tax rate to be voted on at the
election; and
(3) is signed by at least 100 registered voters of the
district as determined by the most recent official list of
registered voters.
(c) The board by order shall set a time and place to hold a
hearing on the petition. The board shall set a date for the hearing
that is not earlier than the 11th day after the date the board
issues the order.
(d) If, after the hearing, the board determines that the
petition is in proper form and that an increase of the maximum tax
rate would benefit the district, the board shall order an election
to authorize the increase of the maximum tax rate to the tax rate
stated in the petition.
(e) The election order must state:
(1) the nature of the election, including the
proposition that is to appear on the ballot;
(2) the maximum tax rate to be voted on at the
election;
(3) the date of the election;
(4) the hours during which the polls will be open; and
(5) the location of the polling places.
(f) The election shall be held not earlier than the 45th day
and not later than the 60th day after the date the election is
ordered.
(g) Section 41.001(a), Election Code, does not apply to an
election ordered under this subchapter. (Acts 70th Leg., R.S., Ch.
137, Secs. 10.01, 10.02, 10.04.)
Sec. 1004.304. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing a
substantial copy of the election order in a newspaper with general
circulation in the district once a week for two consecutive weeks.
(b) The first publication must appear not later than the
35th day before the date set for the election. (Acts 70th Leg.,
R.S., Ch. 137, Sec. 10.03.)
Sec. 1004.305. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The increase by the Ballinger Memorial Hospital
District of the rate of annual taxes for hospital purposes on all
taxable property in the district to a rate not to exceed _____
(insert the amount determined by the board or stated in the
petition) cents on each $100 valuation." (Acts 70th Leg., R.S., Ch.
137, Sec. 10.05.)
Sec. 1004.306. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 70th Leg., R.S., Ch. 137, Sec. 8.04(b).)
CHAPTER 1005. BAYLOR COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1005.001. DEFINITIONS
Sec. 1005.002. AUTHORITY FOR OPERATION
Sec. 1005.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1005.004. DISTRICT TERRITORY
Sec. 1005.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1005.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1005.007-1005.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1005.051. BOARD
Sec. 1005.052. ELECTION; TERM
Sec. 1005.053. NOTICE OF ELECTION
Sec. 1005.054. APPLICATION
Sec. 1005.055. QUALIFICATIONS FOR OFFICE
Sec. 1005.056. BOARD VACANCY
Sec. 1005.057. OFFICERS
Sec. 1005.058. COMPENSATION
Sec. 1005.059. VOTING REQUIREMENT
Sec. 1005.060. DISTRICT ADMINISTRATOR
Sec. 1005.061. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1005.062. APPOINTMENT AND RECRUITMENT OF STAFF
Sec. 1005.063. EMPLOYEES
Sec. 1005.064. HEALTH EDUCATION
Sec. 1005.065. RETIREMENT BENEFITS
[Sections 1005.066-1005.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1005.101. DISTRICT RESPONSIBILITY
Sec. 1005.102. RESTRICTION ON COUNTY AND MUNICIPAL
TAXATION AND DEBT
Sec. 1005.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1005.104. DISTRICT RULES
Sec. 1005.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1005.106. MOBILE EMERGENCY MEDICAL SERVICE
Sec. 1005.107. ALTERNATIVE DELIVERY SYSTEMS OF CARE
Sec. 1005.108. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1005.109. CONSTRUCTION CONTRACTS
Sec. 1005.110. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1005.111. SERVICE CONTRACTS
Sec. 1005.112. EMINENT DOMAIN
Sec. 1005.113. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1005.114. GIFTS AND ENDOWMENTS
Sec. 1005.115. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1005.116. REIMBURSEMENT FOR SERVICES
Sec. 1005.117. AUTHORITY TO SUE AND BE SUED
[Sections 1005.118-1005.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1005.151. BUDGET
Sec. 1005.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1005.153. AMENDMENT OF BUDGET
Sec. 1005.154. RESTRICTION ON EXPENDITURES
Sec. 1005.155. FISCAL YEAR
Sec. 1005.156. ANNUAL AUDIT
Sec. 1005.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1005.158. FINANCIAL REPORT
Sec. 1005.159. DEPOSITORY
Sec. 1005.160. AUTHORITY TO BORROW MONEY; SECURITY
Sec. 1005.161. RESTRICTION ON INVESTMENT
[Sections 1005.162-1005.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1005.201. GENERAL OBLIGATION BONDS
Sec. 1005.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1005.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1005.204. REVENUE BONDS
Sec. 1005.205. MATURITY
Sec. 1005.206. EXECUTION OF BONDS
Sec. 1005.207. BONDS NOT SUBJECT TO TAXATION
Sec. 1005.208. REFUNDING BONDS
[Sections 1005.209-1005.250 reserved for expansion]
SUBCHAPTER F. AD VALOREM TAX
Sec. 1005.251. IMPOSITION OF TAX
Sec. 1005.252. TAX RATE
Sec. 1005.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1005. BAYLOR COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1005.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Baylor County Hospital
District.
(4) "Hospital system" includes a hospital and an
alternative delivery system of care created under Section 1005.107.
(Acts 71st Leg., R.S., Ch. 355, Secs. 1.01(1), (2), (3), (4).)
Sec. 1005.002. AUTHORITY FOR OPERATION. The Baylor County
Hospital District operates and is financed as provided by Section
9, Article IX, Texas Constitution, and by this chapter. (Acts 71st
Leg., R.S., Ch. 355, Sec. 1.02.)
Sec. 1005.003. ESSENTIAL PUBLIC FUNCTION. The district is a
public entity performing an essential public function. (Acts 71st
Leg., R.S., Ch. 355, Sec. 7.11 (part).)
Sec. 1005.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Baylor County,
Texas, as those boundaries existed on September 1, 1989. (Acts 71st
Leg., R.S., Ch. 355, Sec. 1.03.)
Sec. 1005.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The state may not become obligated for the support or
maintenance of the district. (Acts 71st Leg., R.S., Ch. 355, Sec.
9.01 (part).)
Sec. 1005.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE. The legislature may not make a direct appropriation
for the construction, maintenance, or improvement of a district
facility. (Acts 71st Leg., R.S., Ch. 355, Sec. 9.01 (part).)
[Sections 1005.007-1005.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1005.051. BOARD. The district is governed by a board
of seven directors. (Acts 71st Leg., R.S., Ch. 355, Sec. 4.01(a).)
Sec. 1005.052. ELECTION; TERM. (a) Directors are elected
from the district at large.
(b) Unless a four-year term is established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) an election shall be held on the first Saturday in
May of each year to elect the appropriate number of directors.
(Acts 71st Leg., R.S., Ch. 355, Secs. 4.03(a), (b) (part), (c).)
Sec. 1005.053. NOTICE OF ELECTION. At least 35 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper with general circulation in the
district. (Acts 71st Leg., R.S., Ch. 355, Sec. 4.04.)
Sec. 1005.054. APPLICATION. (a) A person who wants to
have the person's name printed on the ballot as a candidate for
director must file with the secretary of the board a petition
requesting that the person's name be printed on the ballot.
(b) The petition must be signed by at least 10 registered
voters of the district.
(c) The application must be filed at least 31 days before
the date of the election. (Acts 71st Leg., R.S., Ch. 355, Sec.
4.05.)
Sec. 1005.055. QUALIFICATIONS FOR OFFICE. (a) To be a
candidate for or to serve as a director, a person must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) An employee of the district or an employee's spouse,
child, parent, or parent-in-law may not serve as director. (Acts
71st Leg., R.S., Ch. 355, Sec. 4.06.)
Sec. 1005.056. BOARD VACANCY. If a vacancy occurs in the
office of director, the Commissioners Court of Baylor County shall
appoint a director for the unexpired term. (Acts 71st Leg., R.S.,
Ch. 355, Sec. 4.07.)
Sec. 1005.057. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 71st Leg., R.S., Ch. 355, Secs. 4.08, 4.09.)
Sec. 1005.058. COMPENSATION. A director or officer serves
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties. The expenses must
be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 71st Leg., R.S., Ch.
355, Sec. 4.10.)
Sec. 1005.059. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in matters relating
to district business. (Acts 71st Leg., R.S., Ch. 355, Sec. 4.11.)
Sec. 1005.060. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board.
(c) The district administrator is entitled to the
compensation determined by the board. (Acts 71st Leg., R.S., Ch.
355, Sec. 4.12.)
Sec. 1005.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district and
hospital system. (Acts 71st Leg., R.S., Ch. 355, Sec. 4.15.)
Sec. 1005.062. APPOINTMENT AND RECRUITMENT OF STAFF. (a)
The board may appoint to the staff any physicians the board
considers necessary for the efficient operation of the district and
may make temporary appointments as necessary.
(b) The board may delegate to the district administrator the
authority to make temporary appointments to the medical staff, with
subsequent approval of the board.
(c) The board may spend district money, including making
guarantees and loans, to recruit physicians to the hospital staff
as required to meet the medical needs of district residents. (Acts
71st Leg., R.S., Ch. 355, Secs. 4.13, 5.02(b).)
Sec. 1005.063. EMPLOYEES. (a) The district may employ
physicians, technicians, nurses, fiscal agents, accountants,
architects, attorneys, and other necessary employees.
(b) The board may delegate to the district administrator the
authority to employ persons for the district. (Acts 71st Leg.,
R.S., Ch. 355, Sec. 4.14.)
Sec. 1005.064. HEALTH EDUCATION. The board may spend
district money to provide scholarships and student loans to educate
county residents in health-related fields. (Acts 71st Leg., R.S.,
Ch. 355, Sec. 5.02(c).)
Sec. 1005.065. RETIREMENT BENEFITS. The board may provide
retirement benefits for employees of the district and hospital
system by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 71st Leg., R.S., Ch.
355, Sec. 4.16.)
[Sections 1005.066-1005.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1005.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for operating hospital facilities and for
providing medical and hospital care for the district's needy
residents, in accordance with district policy. (Acts 71st Leg.,
R.S., Ch. 355, Sec. 5.02(a) (part).)
Sec. 1005.102. RESTRICTION ON COUNTY AND MUNICIPAL TAXATION
AND DEBT. Baylor County and the City of Seymour may not impose a
tax or issue a bond or other obligation for hospital purposes or to
provide medical care or other services the district provides to
district residents. (Acts 71st Leg., R.S., Ch. 355, Sec. 5.01(b).)
Sec. 1005.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the money and resources of the district. (Acts 71st Leg., R.S.,
Ch. 355, Sec. 5.03.)
Sec. 1005.104. DISTRICT RULES. The board may adopt rules
governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of the
district staff and employees. (Acts 71st Leg., R.S., Ch. 355, Sec.
5.04.)
Sec. 1005.105. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of the making of purchases and
expenditures by and for the district; and
(2) accounting and control procedures for the
district. (Acts 71st Leg., R.S., Ch. 355, Sec. 5.05.)
Sec. 1005.106. MOBILE EMERGENCY MEDICAL SERVICE. The
district may operate or provide for the operation of a mobile
emergency medical service. (Acts 71st Leg., R.S., Ch. 355, Sec.
5.02(a) (part).)
Sec. 1005.107. ALTERNATIVE DELIVERY SYSTEMS OF CARE. The
board may create alternative delivery systems of care, including:
(1) nursing homes;
(2) home health care agencies;
(3) extended care facilities;
(4) retirement villages; and
(5) medical office buildings. (Acts 71st Leg., R.S.,
Ch. 355, Sec. 5.02(d).)
Sec. 1005.108. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary to furnish health
care to district residents.
(b) The board may:
(1) acquire property, facilities, and equipment for
the district for use in the hospital system; and
(2) mortgage or pledge the property, facilities, or
equipment acquired as security for the payment of the purchase
price.
(c) The board may lease the hospital system for the
district.
(d) The board may sell or otherwise dispose of property,
facilities, or equipment for the district. (Acts 71st Leg., R.S.,
Ch. 355, Sec. 5.06.)
Sec. 1005.109. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) The board may enter into a construction contract that
involves spending more than $10,000 only after competitive bidding
as provided by Chapter 271, Local Government Code.
(c) Chapter 2253, Government Code, as it relates to
performance and payment bonds, applies to a construction contract
let by the district. (Acts 71st Leg., R.S., Ch. 355, Sec. 5.07.)
Sec. 1005.110. OPERATING AND MANAGEMENT CONTRACTS. The
board on behalf of the district may enter into operating or
management contracts relating to the hospital system. (Acts 71st
Leg., R.S., Ch. 355, Sec. 5.08.)
Sec. 1005.111. SERVICE CONTRACTS. The board may contract
with a political subdivision of the state or with a state or federal
agency for the district to:
(1) provide a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of
district residents. (Acts 71st Leg., R.S., Ch. 355, Sec. 5.13.)
Sec. 1005.112. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
property interest is necessary to exercise the rights or authority
conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except that the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide bond or other security
for costs in the trial court;
(2) provide bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 355, Sec.
5.09.)
Sec. 1005.113. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction of any railroad, highway, pipeline, or
electric transmission and electric distribution, telegraph, or
telephone lines, conduits, poles, or facilities, the district must
bear the actual cost of that activity to provide comparable
replacement without enhancement of facilities, after deducting the
net salvage value derived from the old facility. (Acts 71st Leg.,
R.S., Ch. 355, Sec. 5.10.)
Sec. 1005.114. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for the
purpose and under a written direction, limitation, or provision of
the donor that is consistent with the proper management of the
district. (Acts 71st Leg., R.S., Ch. 355, Sec. 5.14.)
Sec. 1005.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When an individual who resides in the district is admitted as a
patient to a district facility, the district administrator may have
an inquiry made into the financial circumstances of:
(1) the patient; or
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator acting on the board's behalf shall issue an order
directing the patient or the relative to pay the district a
specified amount each week or month. The amount must be based on
the individual's ability to pay.
(c) The district administrator may collect money owed to the
district from the patient's estate or from that of a relative
legally responsible for the patient's support. The money must be
collected in the manner provided by law for collection of expenses
of the last illness of a deceased person. (Acts 71st Leg., R.S.,
Ch. 355, Secs. 5.11(b), (c), (d).)
Sec. 1005.116. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the boundaries of the district to reimburse the district
for the district's care and treatment of a sick or injured person of
that county, municipality, or hospital as provided by Chapter 61,
Health and Safety Code.
(b) The board shall require the sheriff of Baylor County to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Baylor County and is
not a resident of the district.
(c) On behalf of the district, the board may contract with
the state or federal government for that government to reimburse
the district for treatment of a sick or injured person. (Acts 71st
Leg., R.S., Ch. 355, Sec. 5.12.)
Sec. 1005.117. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 71st Leg., R.S.,
Ch. 355, Sec. 5.15.)
[Sections 1005.118-1005.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1005.151. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand in each district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenues and balances
available for the proposed budget; and
(7) the estimated tax rate required. (Acts 71st Leg.,
R.S., Ch. 355, Sec. 6.04.)
Sec. 1005.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in a
newspaper with general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 71st Leg., R.S., Ch. 355, Sec. 6.05.)
Sec. 1005.153. AMENDMENT OF BUDGET. After the budget is
adopted, the budget may be amended on the board's approval. (Acts
71st Leg., R.S., Ch. 355, Sec. 6.06.)
Sec. 1005.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the annual budget or an
amendment to the budget. (Acts 71st Leg., R.S., Ch. 355, Sec.
6.07.)
Sec. 1005.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 71st
Leg., R.S., Ch. 355, Sec. 6.01.)
Sec. 1005.156. ANNUAL AUDIT. The board annually shall have
an audit made of the financial condition of the district. (Acts
71st Leg., R.S., Ch. 355, Sec. 6.02.)
Sec. 1005.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection during regular business hours at the principal office
of the district. (Acts 71st Leg., R.S., Ch. 355, Sec. 6.03.)
Sec. 1005.158. FINANCIAL REPORT. As soon as practicable
after the close of the fiscal year, the district administrator
shall prepare for the board a sworn statement of the amount of
district money and an account of the disbursements of that money.
(Acts 71st Leg., R.S., Ch. 355, Sec. 6.08.)
Sec. 1005.159. DEPOSITORY. (a) The board shall select
one or more banks to serve as depository for district money.
(b) District money, other than money invested as provided by
Section 1005.161 and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit. This subsection does not limit the power of the board to
place a part of district money on time deposit or to purchase
certificates of deposit.
(c) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank has first executed a
bond or other security in an amount sufficient to secure from loss
the district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 355,
Sec. 6.10.)
Sec. 1005.160. AUTHORITY TO BORROW MONEY;
SECURITY. (a) The board may borrow money if the board declares
that there is an emergency because money is not available to meet
authorized obligations of the district.
(b) To secure a loan, the board may pledge:
(1) district revenues that are not pledged to pay any
bonded indebtedness of the district;
(2) a district tax to be imposed by the district in the
next 12-month period that is not pledged to pay the principal of or
interest on district bonds; or
(3) a district bond that has been authorized but not
sold.
(c) If a tax or bond is pledged to pay the loan, the loan
shall mature not later than the first anniversary of the date the
loan is made. If revenues of the district are pledged for payment
of the loan, the loan shall mature not later than the fifth
anniversary of the date the loan is made.
(d) The district may not spend money obtained from a loan
under this section for any purpose other than:
(1) the purpose for which the board declared the
emergency; or
(2) if a tax or bond is pledged to pay the loan, the
purpose for which the pledged tax was imposed or the pledged bond
was authorized. (Acts 71st Leg., R.S., Ch. 355, Secs. 6.09(a), (b),
(c).)
Sec. 1005.161. RESTRICTION ON INVESTMENT. The board may
invest operating, depreciation, or building reserves only in funds
or securities specified by Chapter 2256, Government Code. (Acts
71st Leg., R.S., Ch. 355, Sec. 6.09(d).)
[Sections 1005.162-1005.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1005.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds authorized by an election
in the name and on the faith and credit of the district to:
(1) acquire, purchase, construct, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
system purposes; or
(3) acquire and operate a mobile emergency medical
service. (Acts 71st Leg., R.S., Ch. 355, Sec. 7.01.)
Sec. 1005.202. TAX TO PAY GENERAL OBLIGATION
BONDS. (a) At the time general obligation bonds are issued by the
district under Section 1005.201, the board shall impose an ad
valorem tax at a rate sufficient to create an interest and sinking
fund to pay the principal of and interest on the bonds as the bonds
mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed the limit
approved by the voters at the election authorizing the imposition
of the tax. (Acts 71st Leg., R.S., Ch. 355, Sec. 7.02.)
Sec. 1005.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of voters voting at an election held for
that purpose.
(b) The board may order a general obligation bond election.
The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls must be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(d) The board shall declare the results of the election.
(Acts 71st Leg., R.S., Ch. 355, Sec. 7.03.)
Sec. 1005.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) acquire, purchase, construct, repair, renovate,
or equip buildings or improvements for hospital system purposes;
(2) acquire sites to be used for hospital system
purposes; or
(3) acquire and operate a mobile emergency medical
service to assist the district in carrying out its hospital
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenues derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety
Code, for issuance of revenue bonds by a county hospital authority.
(Acts 71st Leg., R.S., Ch. 355, Sec. 7.04.)
Sec. 1005.205. MATURITY. District bonds must mature not
later than 50 years after the date of issuance. (Acts 71st Leg.,
R.S., Ch. 355, Sec. 7.06 (part).)
Sec. 1005.206. EXECUTION OF BONDS. (a) The board
president shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 71st Leg.,
R.S., Ch. 355, Sec. 7.07.)
Sec. 1005.207. BONDS NOT SUBJECT TO TAXATION. The
following are not subject to taxation by the state or by a political
subdivision of the state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 71st
Leg., R.S., Ch. 355, Sec. 7.11 (part).)
Sec. 1005.208. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding indebtedness issued or
assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the bonds to be refunded; or
(2) exchanged in whole or in part for not less than a
similar principal amount of outstanding indebtedness. (Acts 71st
Leg., R.S., Ch. 355, Secs. 7.05(a), (c) (part).)
[Sections 1005.209-1005.250 reserved for expansion]
SUBCHAPTER F. AD VALOREM TAX
Sec. 1005.251. IMPOSITION OF TAX. (a) The board shall
impose a tax on all property in the district subject to hospital
district taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district and the district's hospital system.
(c) The district may not impose a tax to pay the principal of
or interest on a revenue bond issued under this chapter. (Acts 71st
Leg., R.S., Ch. 355, Secs. 8.01(c), (d), 8.02(b).)
Sec. 1005.252. TAX RATE. (a) The board may impose an
annual tax at a rate not to exceed the limit approved by the voters
at the election authorizing the imposition of the tax.
(b) The tax rate on all taxable property in the district for
all purposes may not exceed 75 cents on each $100 assessed value of
the property according to the most recent certified tax appraisal
roll of the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 71st
Leg., R.S., Ch. 355, Secs. 8.01(a), (b), 8.03 (part).)
Sec. 1005.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 355, Sec. 8.04(b).)
CHAPTER 1006. CAPROCK HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1006.001. DEFINITIONS
Sec. 1006.002. AUTHORITY FOR CREATION
Sec. 1006.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1006.004. DISTRICT TERRITORY
Sec. 1006.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1006.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1006.007-1006.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1006.051. BOARD ELECTION; TERM
Sec. 1006.052. NOTICE OF ELECTION
Sec. 1006.053. BALLOT PETITION
Sec. 1006.054. QUALIFICATIONS FOR OFFICE
Sec. 1006.055. DIRECTOR'S BOND; RECORD OF BOND AND
OATH OR AFFIRMATION
Sec. 1006.056. BOARD VACANCY
Sec. 1006.057. OFFICERS
Sec. 1006.058. VOTING REQUIREMENT
Sec. 1006.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1006.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1006.061. EMPLOYEES
Sec. 1006.062. RETIREMENT PROGRAM
[Sections 1006.063-1006.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1006.101. DISTRICT RESPONSIBILITY
Sec. 1006.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1006.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1006.104. HOSPITAL SYSTEM
Sec. 1006.105. RULES
Sec. 1006.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1006.107. EMINENT DOMAIN
Sec. 1006.108. GIFTS AND ENDOWMENTS
Sec. 1006.109. CONTRACTS FOR SERVICES TO CERTAIN
PERSONS
Sec. 1006.110. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1006.111. AUTHORITY TO SUE AND BE SUED
[Sections 1006.112-1006.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL ADMINISTRATION OF DISTRICT
Sec. 1006.151. BUDGET
Sec. 1006.152. FISCAL YEAR
Sec. 1006.153. AUDIT
Sec. 1006.154. FINANCIAL REPORT
Sec. 1006.155. DEPOSITORY
Sec. 1006.156. BORROWING MONEY IN EMERGENCY; SECURITY
[Sections 1006.157-1006.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1006.201. GENERAL OBLIGATION BONDS
Sec. 1006.202. TAXES TO PAY GENERAL OBLIGATION BONDS
Sec. 1006.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1006.204. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1006.205. REFUNDING BONDS
Sec. 1006.206. BONDS EXEMPT FROM TAXATION
[Sections 1006.207-1006.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1006.251. IMPOSITION OF AD VALOREM TAX
Sec. 1006.252. TAX RATE
Sec. 1006.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1006. CAPROCK HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1006.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Caprock Hospital District.
(New.)
Sec. 1006.002. AUTHORITY FOR CREATION. The Caprock
Hospital District is created under the authority of Section 9,
Article IX, Texas Constitution. (Acts 58th Leg., R.S., Ch. 238,
Sec. 1 (part).)
Sec. 1006.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 58th Leg., R.S., Ch. 238, Sec. 8 (part).)
Sec. 1006.004. DISTRICT TERRITORY. (a) The boundaries of
the district are coextensive with the boundaries of County
Commissioners Precincts 1, 3, and 4 of Floyd County as those
boundaries existed on January 1, 1963.
(b) Territory may not be annexed or added to the district.
(Acts 58th Leg., R.S., Ch. 238, Sec. 1 (part).)
Sec. 1006.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 58th
Leg., R.S., Ch. 238, Sec. 18 (part).)
Sec. 1006.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 58th Leg., R.S., Ch. 238, Sec. 18 (part).)
[Sections 1006.007-1006.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1006.051. BOARD ELECTION; TERM. (a) The board
consists of five directors elected from the district at large.
(b) Directors serve two-year staggered terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.052. NOTICE OF ELECTION. At least 10 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper of general circulation in Floyd
County. (Acts 58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board's secretary a petition requesting that
action. The petition must be:
(1) signed by at least 25 qualified voters; and
(2) filed at least 25 days before the date of the
election. (Acts 58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.054. QUALIFICATIONS FOR OFFICE. To be eligible
to be elected or appointed as a director, a person must:
(1) be a resident of the district; and
(2) own land in the district subject to taxation.
(Acts 58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.055. DIRECTOR'S BOND; RECORD OF BOND AND OATH OR
AFFIRMATION. (a) Each director shall execute a good and sufficient
bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The bond and the constitutional oath or affirmation of
office shall be deposited with the depository bank of the district.
(Acts 58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.056. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than
three for any reason, the remaining directors shall immediately
call a special election to fill the vacancies. If the remaining
directors do not call the election, a district court on application
of a district voter or taxpayer may issue an order requiring the
directors to call an election. (Acts 58th Leg., R.S., Ch. 238, Sec.
4 (part).)
Sec. 1006.057. OFFICERS. The board shall elect from among
its members a president and a secretary. (Acts 58th Leg., R.S., Ch.
238, Sec. 4 (part).)
Sec. 1006.058. VOTING REQUIREMENT. A concurrence of three
directors is sufficient in any matter relating to district
business. (Acts 58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as a
district administrator.
(b) The board may appoint an assistant to the district
administrator.
(c) The district administrator and any assistant district
administrator serves at the will of the board and is entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount of not less than $10,000 to be set by the board that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains any other condition the board may
require. (Acts 58th Leg., R.S., Ch. 238, Sec. 5 (part).)
Sec. 1006.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
The district administrator shall supervise the work and activities
of the district subject to any limitation the board may prescribe.
(Acts 58th Leg., R.S., Ch. 238, Sec. 5 (part).)
Sec. 1006.061. EMPLOYEES. The board may employ
technicians, nurses, and other employees considered necessary for
the efficient operation of the district or may delegate that
authority to the district administrator. (Acts 58th Leg., R.S.,
Ch. 238, Sec. 5 (part).)
Sec. 1006.062. RETIREMENT PROGRAM. The board may enter
into a contract or agreement with this state or the federal
government to establish or continue a retirement program for the
benefit of the district's employees. (Acts 58th Leg., R.S., Ch.
238, Sec. 5 (part).)
[Sections 1006.063-1006.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1006.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care to indigent persons in the district; and
(2) providing medical and hospital care for the
district's needy residents. (Acts 58th Leg., R.S., Ch. 238, Secs. 2
(part), 17 (part).)
Sec. 1006.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located in the district
may not impose taxes or issue bonds or other obligations for
hospital purposes for medical treatment of indigent persons. (Acts
58th Leg., R.S., Ch. 238, Sec. 17 (part).)
Sec. 1006.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the district's
hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 238, Sec.
5 (part).)
Sec. 1006.104. HOSPITAL SYSTEM. The district shall provide
for the establishment of a hospital or hospital system in the
district by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and improvements;
(2) equipping the buildings and improvements; and
(3) administering the buildings and improvements for
hospital purposes. (Acts 58th Leg., R.S., Ch. 238, Sec. 2 (part).)
Sec. 1006.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter. (Acts 58th Leg., R.S., Ch. 238, Secs. 5 (part), 9 (part).)
Sec. 1006.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 58th
Leg., R.S., Ch. 238, Sec. 9 (part).)
Sec. 1006.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 58th
Leg., R.S., Ch. 238, Sec. 12.)
Sec. 1006.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 58th Leg., R.S., Ch. 238,
Sec. 15.)
Sec. 1006.109. CONTRACTS FOR SERVICES TO CERTAIN PERSONS.
(a) The board may contract with a county or a municipality located
outside the district for the care and treatment of sick or injured
persons of that county or municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom this
state or the federal government is responsible. (Acts 58th Leg.,
R.S., Ch. 238, Sec. 5 (part).)
Sec. 1006.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When an individual who resides in the district is admitted to a
district facility, the district administrator shall have an inquiry
made into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the patient's care and treatment, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be
proportionate to financial ability and may not exceed the actual
per capita cost of maintenance.
(d) The district administrator may collect the amount from
the patient's estate, or from a relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue an appropriate order. (Acts 58th Leg.,
R.S., Ch. 238, Sec. 14.)
Sec. 1006.111. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch.
238, Sec. 5 (part).)
[Sections 1006.112-1006.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL ADMINISTRATION OF DISTRICT
Sec. 1006.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board. The
budget must be for the fiscal year prescribed by Section 1007.152.
(b) Not later than August 31 of each year, the board shall
publish notice of a public hearing on the proposed budget. The
notice must be published one time in a newspaper of general
circulation in the district at least 10 days before the date of the
hearing. (Acts 58th Leg., R.S., Ch. 238, Secs. 6 (part), 16.)
Sec. 1006.152. FISCAL YEAR. The district operates on a
fiscal year that begins on October 1 and ends on September 30.
(Acts 58th Leg., R.S., Ch. 238, Sec. 6 (part).)
Sec. 1006.153. AUDIT. (a) The district shall have an audit
made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 58th Leg., R.S., Ch. 238, Sec. 6
(part).)
Sec. 1006.154. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 58th Leg., R.S., Ch. 238, Sec. 6 (part).)
Sec. 1006.155. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) All district money shall be immediately deposited on
receipt with a depository bank, except that sufficient money must
be remitted to the appropriate bank to pay the principal of and
interest on the district's outstanding bonds on or before the
maturity date of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for security of county
funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being
designated as a depository bank. (Acts 58th Leg., R.S., Ch. 238,
Sec. 10.)
Sec. 1006.156. BORROWING MONEY IN EMERGENCY; SECURITY. (a)
The board may borrow money at a rate not to exceed the maximum
annual percentage rate allowed by law for district obligations at
the time the loan is made if the board declares that:
(1) money is not available to meet authorized
obligations of the district; and
(2) an emergency exists.
(b) To secure a loan, the board may pledge:
(1) district revenues that are not pledged to pay
bonded indebtedness of the district;
(2) district taxes to be imposed by the district in the
next 12-month period that are not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenues are pledged must mature not later
than the fifth anniversary of the date the loan is made.
(d) The board may not spend money obtained from a loan under
this section for any purpose other than:
(1) the purpose for which the board declared an
emergency; and
(2) if district taxes or bonds are pledged to pay the
loan, the purpose for which the pledged taxes were imposed or the
pledged bonds were authorized. (Acts 58th Leg., R.S., Ch. 238, Sec.
7A.)
[Sections 1006.157-1006.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1006.201. GENERAL OBLIGATION BONDS. (a) The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district to purchase, construct, acquire, repair,
or renovate buildings or improvements and to equip buildings and
improvements for a hospital and the hospital system.
(b) The board shall issue the bonds in compliance with the
applicable provisions of Subtitles A and C, Title 9, Government
Code. (Acts 58th Leg., R.S., Ch. 238, Sec. 7 (part).)
Sec. 1006.202. TAXES TO PAY GENERAL OBLIGATION BONDS. (a)
At the time general obligation bonds are issued under Section
1007.201, the board shall impose an ad valorem tax at a rate
sufficient to:
(1) create an interest and sinking fund; and
(2) pay the principal of and interest on the bonds as
the bonds mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed 75 cents on each
$100 assessed value of all taxable property in the district. (Acts
58th Leg., R.S., Ch. 238, Sec. 7 (part).)
Sec. 1006.203. GENERAL OBLIGATION BOND ELECTION. (a) The
board may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting in an election held
for that purpose.
(b) The board shall call the election. The election must be
held in accordance with Chapter 1251, Government Code.
(c) The bond election order must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding election officers;
(4) the amount of the bonds to be authorized;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity of the bonds. (Acts 58th
Leg., R.S., Ch. 238, Sec. 7 (part).)
Sec. 1006.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall attest the bonds as provided
by Chapter 618, Government Code. (Acts 58th Leg., R.S., Ch. 238,
Sec. 7 (part).)
Sec. 1006.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding general obligation bonds or
other refundable indebtedness issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the bonds or other refundable
indebtedness to be refunded; or
(2) exchanged in whole or in part for not less than a
like principal amount of the bonds or other refundable indebtedness
to be refunded.
(c) If a refunding bond is sold, the bond must be issued and
the payments must be made in the manner provided by Subchapters B
and C, Chapter 1207, Government Code. (Acts 58th Leg., R.S., Ch.
238, Sec. 7 (part).)
Sec. 1006.206. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) the profit made in the sale of the bonds. (Acts
58th Leg., R.S., Ch. 238, Sec. 8 (part).)
[Sections 1006.207-1006.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1006.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property subject to district taxation in
the manner provided by law for county taxes.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds issued by the district for hospital purposes;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation. (Acts 58th Leg., R.S., Ch. 238,
Secs. 4 (part), 13 (part).)
Sec. 1006.252. TAX RATE. The tax rate may not exceed 75
cents on each $100 assessed value of all taxable property. (Acts
58th Leg., R.S., Ch. 238, Sec. 4 (part).)
Sec. 1006.253. TAX ASSESSOR-COLLECTOR. (a) The tax
assessor-collector of Floyd County shall collect taxes imposed by
the district and promptly transfer the money collected to the
district depository.
(b) The assessor-collector shall receive the compensation
provided for by contract with the district, except the compensation
may not exceed the amount allowed for assessment and collection of
county taxes. The compensation shall be deposited in the county's
general fund and reported as fees of office of the
assessor-collector. (Acts 58th Leg., R.S., Ch. 238, Sec. 13 (part).)
CHAPTER 1008. CHILLICOTHE HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1008.001. DEFINITIONS
Sec. 1008.002. AUTHORITY FOR OPERATION
Sec. 1008.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1008.004. DISTRICT TERRITORY
Sec. 1008.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1008.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1008.007-1008.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1008.051. BOARD ELECTION; TERM
Sec. 1008.052. NOTICE OF ELECTION
Sec. 1008.053. BALLOT APPLICATION
Sec. 1008.054. QUALIFICATIONS FOR OFFICE
Sec. 1008.055. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1008.056. BOARD VACANCY
Sec. 1008.057. OFFICERS
Sec. 1008.058. COMPENSATION
Sec. 1008.059. VOTING REQUIREMENT
Sec. 1008.060. DISTRICT ADMINISTRATOR
Sec. 1008.061. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1008.062. ATTORNEY; ASSISTANT DISTRICT
ADMINISTRATOR
Sec. 1008.063. APPOINTMENT AND RECRUITMENT OF STAFF
AND EMPLOYEES
Sec. 1008.064. PERSONNEL CONTRACTS
Sec. 1008.065. RETIREMENT BENEFITS
[Sections 1008.066-1008.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1008.101. DISTRICT RESPONSIBILITY
Sec. 1008.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1008.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1008.104. HOSPITAL SYSTEM
Sec. 1008.105. RULES
Sec. 1008.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1008.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1008.108. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1008.109. INTERLOCAL AGREEMENT
Sec. 1008.110. SERVICE CONTRACTS
Sec. 1008.111. EMINENT DOMAIN
Sec. 1008.112. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1008.113. GIFTS AND ENDOWMENTS
Sec. 1008.114. CONTRACTS FOR SERVICES TO CERTAIN
PERSONS
Sec. 1008.115. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1008.116. AUTHORITY TO SUE AND BE SUED
Sec. 1008.117. ADVERTISING FOR CERTAIN CONSTRUCTION CONTRACTS
[Sections 1008.118-1008.150 reserved for expansion]
SUBCHAPTER D. DISSOLUTION
Sec. 1008.151. DISSOLUTION; ELECTION
Sec. 1008.152. NOTICE OF ELECTION
Sec. 1008.153. BALLOT
Sec. 1008.154. ELECTION RESULTS
Sec. 1008.155. TRANSFER OR ADMINISTRATION OF ASSETS
Sec. 1008.156. SALE OR TRANSFER OF ASSETS AND
LIABILITIES
Sec. 1008.157. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1008.158. REPORT; DISSOLUTION ORDER
[Sections 1008.159-1008.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1008.201. BUDGET
Sec. 1008.202. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1008.203. AMENDMENTS TO BUDGET
Sec. 1008.204. RESTRICTION ON EXPENDITURES
Sec. 1008.205. FISCAL YEAR
Sec. 1008.206. ANNUAL AUDIT
Sec. 1008.207. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1008.208. FINANCIAL REPORT
Sec. 1008.209. DEPOSITORY
Sec. 1008.210. SPENDING AND INVESTMENT RESTRICTIONS
Sec. 1008.211. AUTHORITY TO BORROW MONEY; SECURITY
[Sections 1008.212-1008.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1008.251. GENERAL OBLIGATION BONDS
Sec. 1008.252. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1008.253. GENERAL OBLIGATION BOND ELECTION
Sec. 1008.254. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1008.255. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1008.256. REVENUE BONDS
Sec. 1008.257. REFUNDING BONDS
Sec. 1008.258. BONDS EXEMPT FROM TAXATION
[Sections 1008.259-1008.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1008.301. IMPOSITION OF AD VALOREM TAX
Sec. 1008.302. TAX RATE
Sec. 1008.303. TAX ASSESSOR-COLLECTOR
CHAPTER 1008. CHILLICOTHE HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1008.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Chillicothe Hospital
District. (Acts 66th Leg., R.S., Ch. 74, Sec. 1 (part); New.)
Sec. 1008.002. AUTHORITY FOR OPERATION. The Chillicothe
Hospital District operates and is administered and financed in
accordance with Section 9, Article IX, Texas Constitution. (Acts
66th Leg., R.S., Ch. 74, Sec. 1 (part).)
Sec. 1008.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 66th Leg., R.S., Ch. 74, Sec. 20 (part).)
Sec. 1008.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of County
Commissioners Precinct No. 3 of Hardeman County, Texas, as those
boundaries existed on April 26, 1979. (Acts 66th Leg., R.S., Ch.
74, Sec. 1 (part).)
Sec. 1008.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support or maintenance of the district may not
become a charge against or obligation of this state. (Acts 66th
Leg., R.S., Ch. 74, Sec. 19 (part).)
Sec. 1008.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 66th Leg., R.S., Ch. 74, Sec. 19 (part).)
[Sections 1008.007-1008.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1008.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected from the district at large.
(b) The board shall declare the results of the election.
(c) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 66th Leg., R.S., Ch. 74, Secs. 3(d) (part), (f)
(part).)
Sec. 1008.052. NOTICE OF ELECTION. At least 30 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper or newspapers that
individually or collectively have general circulation in the
district. (Acts 66th Leg., R.S., Ch. 74, Sec. 3(f) (part).)
Sec. 1008.053. BALLOT APPLICATION. (a) A person must file
an application with the board secretary to have the person's name
printed on the ballot as a candidate for director.
(b) The application must be filed at least 45 days before
the date of the election. (Acts 66th Leg., R.S., Ch. 74, Sec. 3(f)
(part).)
Sec. 1008.054. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) a resident of the district; and
(2) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district administrator;
(2) the attorney for the district; or
(3) a district employee. (Acts 66th Leg., R.S., Ch.
74, Sec. 3(h).)
Sec. 1008.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) Each director may be required to execute a good and
sufficient bond for $5,000 that is:
(1) approved by the Commissioners Court of Hardeman
County;
(2) payable to the district; and
(3) conditioned on the faithful performance of the
director's duties.
(b) The district may pay for the directors' bonds with
district money.
(c) Each director's bond and constitutional oath or
affirmation of office shall be kept in the permanent records of the
district. (Acts 66th Leg., R.S., Ch. 74, Sec. 3(g).)
Sec. 1008.056. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 74,
Sec. 3(f) (part).)
Sec. 1008.057. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 66th Leg., R.S., Ch. 74, Sec. 3(i) (part).)
Sec. 1008.058. COMPENSATION. A director or officer serves
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties. The expenses must
be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 66th Leg., R.S., Ch.
74, Sec. 3(i) (part).)
Sec. 1008.059. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 66th Leg., R.S., Ch. 74, Sec. 3(i) (part).)
Sec. 1008.060. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to the compensation determined by the board.
(c) On assuming the duties of district administrator, the
administrator may execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's required duties; and
(2) contains other conditions the board may require.
(d) The board may pay for the bond with district money.
(Acts 66th Leg., R.S., Ch. 74, Sec. 4(a) (part).)
Sec. 1008.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 66th
Leg., R.S., Ch. 74, Sec. 4(a) (part).)
Sec. 1008.062. ATTORNEY; ASSISTANT DISTRICT ADMINISTRATOR.
(a) The board may appoint qualified persons as:
(1) the attorney for the district; and
(2) the assistant district administrator.
(b) The attorney for the district and the assistant district
administrator serve at the will of the board and are entitled to the
compensation determined by the board. (Acts 66th Leg., R.S., Ch.
74, Sec. 4(a) (part).)
Sec. 1008.063. APPOINTMENT AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board may appoint to the staff any physicians
the board considers necessary for the efficient operation of the
district and may make temporary appointments as necessary.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses.
(d) The board may spend district money to recruit
physicians, nurses, and other trained medical personnel. The board
may pay the tuition or other expenses of a full-time medical student
or other student in a health occupation who:
(1) is enrolled in and is in good standing at an
accredited medical school, college, or university; and
(2) contractually agrees to become a district employee
or independent contractor in return for that assistance. (Acts
66th Leg., R.S., Ch. 74, Secs. 4(a) (part), (h), 15.)
Sec. 1008.064. PERSONNEL CONTRACTS. (a) The board may
contract to provide administrative or other personnel for the
operation of the hospital facilities.
(b) The contract may not have a term of more than 25 years.
(Acts 66th Leg., R.S., Ch. 74, Sec. 4(e).)
Sec. 1008.065. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 66th Leg., R.S., Ch.
74, Sec. 4(g).)
[Sections 1008.066-1008.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1008.101. DISTRICT RESPONSIBILITY. The district has
full responsibility to:
(1) operate all hospital facilities; and
(2) provide medical and hospital care for the
district's needy residents. (Acts 66th Leg., R.S., Ch. 74, Sec. 18
(part).)
Sec. 1008.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located wholly or
partly within the district may not impose a tax or issue bonds or
other obligations for hospital purposes or to provide medical care
for district residents. (Acts 66th Leg., R.S., Ch. 74, Sec. 18
(part).)
Sec. 1008.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 66th Leg., R.S., Ch.
74, Sec. 4(a) (part).)
Sec. 1008.104. HOSPITAL SYSTEM. (a) The district shall
provide for the establishment of a hospital system by:
(1) acquiring, purchasing, constructing, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the system for hospital purposes.
(b) The hospital system may include any facilities the board
considers necessary for hospital care. (Acts 66th Leg., R.S., Ch.
74, Secs. 2 (part), 9(a) (part).)
Sec. 1008.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 66th Leg., R.S., Ch. 74, Sec.
4(a) (part).)
Sec. 1008.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 66th
Leg., R.S., Ch. 74, Sec. 9(b) (part).)
Sec. 1008.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may:
(1) purchase or lease property, including facilities
or equipment, for the district to use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease district hospital facilities to
individuals, corporations, or other legal entities.
(d) The board may sell or otherwise dispose of the
district's property. (Acts 66th Leg., R.S., Ch. 74, Secs. 4(b),
(f), 9(a) (part), (b) (part).)
Sec. 1008.108. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 66th Leg., R.S., Ch. 74, Sec. 9(a)
(part).)
Sec. 1008.109. INTERLOCAL AGREEMENT. The board may enter
into an interlocal agreement with another political subdivision to
operate the district. (Acts 66th Leg., R.S., Ch. 74, Sec. 4(d).)
Sec. 1008.110. SERVICE CONTRACTS. The board may contract
with a political subdivision or governmental agency for the
district to provide investigatory or other services as to
facilities for the medical care, hospital, or welfare needs of
district residents. (Acts 66th Leg., R.S., Ch. 74, Sec. 4(c)
(part).)
Sec. 1008.111. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a right, power, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021, Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or writ of error. (Acts 66th Leg., R.S., Ch. 74, Sec.
13(a).)
Sec. 1008.112. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, electric transmission,
telegraph or telephone lines, conduits, poles, or facilities, or
pipeline, the district must bear the actual cost of relocating,
raising, lowering, rerouting, changing the grade, or altering the
construction to provide comparable replacement without enhancement
of facilities, after deducting the net salvage value derived from
the old facility. (Acts 66th Leg., R.S., Ch. 74, Sec. 13(b).)
Sec. 1008.113. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for a
purpose and under a written direction, limitation, or provision of
the donor that is consistent with the proper management and
objectives of the district. (Acts 66th Leg., R.S., Ch. 74, Sec.
17.)
Sec. 1008.114. CONTRACTS FOR SERVICES TO CERTAIN PERSONS.
(a) The board may contract with a county or municipality located
outside the district's boundaries to reimburse the district for the
care and treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the state or agency to reimburse the district for the
treatment of a sick or injured person. (Acts 66th Leg., R.S., Ch.
74, Sec. 4(c) (part).)
Sec. 1008.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue a final order.
(f) The final order may be appealed to the district court.
The substantial evidence rule applies to the appeal. (Acts 66th
Leg., R.S., Ch. 74, Sec. 16.)
Sec. 1008.116. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch.
74, Sec. 4(a) (part).)
Sec. 1008.117. ADVERTISING FOR CERTAIN CONSTRUCTION
CONTRACTS. Contracts for construction involving the expenditure of
more than $15,000 may be made only after advertising as provided by
Subchapter B, Chapter 271, Local Government Code. (Acts 66th Leg.,
R.S., Ch. 74, Sec. 9(b) (part).)
[Sections 1008.118-1008.150 reserved for expansion]
SUBCHAPTER D. DISSOLUTION
Sec. 1008.151. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the voters voting
in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by a number of
residents of the district equal to at least 15 percent of the
registered voters in the district.
(d) The election shall be held not later than the 60th day
after the date the election is ordered.
(e) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 66th Leg., R.S., Ch. 74,
Secs. 21A(a), (b), (c).)
Sec. 1008.152. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks the election order in a newspaper
with general circulation in the district.
(b) The first publication of the notice must appear not
later than the 35th day before the date set for the election. (Acts
66th Leg., R.S., Ch. 74, Sec. 21A(d) (part).)
Sec. 1008.153. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Chillicothe Hospital
District." (Acts 66th Leg., R.S., Ch. 74, Sec. 21A(d) (part).)
Sec. 1008.154. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district. (Acts 66th Leg., R.S., Ch. 74, Sec.
21A(e).)
Sec. 1008.155. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
If a majority of the votes in the election held under this
subchapter favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Hardeman
County or another governmental agency in Hardeman County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the board makes the transfer under Subsection (a)(1),
the county or agency assumes all debts and obligations of the
district at the time of the transfer, and the district is dissolved.
(Acts 66th Leg., R.S., Ch. 74, Secs. 21A(f), (g).)
Sec. 1008.156. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
(a) Notwithstanding any other provision of this subchapter, the
district may not be dissolved unless the board provides for the sale
or transfer of the district's assets and liabilities to another
person or entity.
(b) The dissolution of the district and the sale or transfer
of the district's assets or liabilities may not contravene a trust
indenture or bond resolution relating to the district's outstanding
bonds. The dissolution and sale or transfer does not diminish or
impair the rights of a holder of an outstanding bond, warrant, or
other obligation of the district.
(c) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of the residents of
the district, including the residents' collective property rights
in the district's assets. The district may not transfer or dispose
of the district's assets except for due compensation unless the
transfer is made to another governmental agency that serves the
district and the transferred assets are to be used for the benefit
of the district's residents.
(d) A grant from federal funds is an obligation to be repaid
in satisfaction. (Acts 66th Leg., R.S., Ch. 74, Secs. 21A(m), (n).)
Sec. 1008.157. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector. (Acts
66th Leg., R.S., Ch. 74, Secs. 21A(h), (i), (j).)
Sec. 1008.158. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its money
and other assets as prescribed by this subchapter, the board shall
file a written report with the Commissioners Court of Hardeman
County summarizing the board's actions in dissolving the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Hardeman County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 66th Leg., R.S., Ch. 74, Secs. 21A(k), (l).)
[Sections 1008.159-1008.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1008.201. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand in each district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenues and balances
available to cover the proposed budget; and
(7) the estimated tax rate required. (Acts 66th Leg.,
R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in
accordance with Subchapter C, Chapter 551, Government Code.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the taxpayers
and that the law warrants.
(e) The budget is effective only after adoption by the
board. (Acts 66th Leg., R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.203. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 66th Leg., R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.204. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 66th Leg., R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.205. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 66th
Leg., R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.206. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 66th
Leg., R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.207. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection at the district's principal office. (Acts 66th Leg.,
R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.208. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 66th Leg., R.S., Ch. 74, Sec. 5 (part).)
Sec. 1008.209. DEPOSITORY. (a) The board shall select one
or more banks inside or outside the district to serve as a
depository for district money.
(b) District money, other than money invested as provided by
Section 1008.210, and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank has first executed a
bond or other security in an amount sufficient to secure from loss
the district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 66th Leg., R.S., Ch. 74, Sec.
10.)
Sec. 1008.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by this chapter, the district may not
incur an obligation payable from district revenues other than the
revenues on hand or to be on hand in the current and following
district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 66th Leg., R.S., Ch. 74, Secs. 4(a)
(part), 9(b) (part).)
Sec. 1008.211. AUTHORITY TO BORROW MONEY; SECURITY. (a)
The board may borrow money for district obligations at the time the
loan is made.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district in the
next 12-month period that is not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made. (Acts 66th
Leg., R.S., Ch. 74, Sec. 14A.)
[Sections 1008.212-1008.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1008.251. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligations bonds in the name and on the
faith and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 66th Leg., R.S., Ch. 74, Sec. 6(a) (part).)
Sec. 1008.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1008.251, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed the limit
approved by the voters at the election authorizing the imposition
of the tax. (Acts 66th Leg., R.S., Ch. 74, Sec. 6(a) (part).)
Sec. 1008.253. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting at an election held
for that purpose.
(b) The board must specify in the order calling the
election:
(1) the date of the election;
(2) the hours during which the polls must be open;
(3) the location of the polling places;
(4) the presiding and alternate election judges for
each polling place;
(5) the amount of the bonds to be authorized; and
(6) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(d) Chapter 41, Election Code, does not apply to an election
held under this section.
(e) The board shall declare the results of the election.
(Acts 66th Leg., R.S., Ch. 74, Sec. 6(a) (part).)
Sec. 1008.254. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 74,
Sec. 6(c) (part).)
Sec. 1008.255. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 66th Leg.,
R.S., Ch. 74, Sec. 6(c) (part).)
Sec. 1008.256. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenues derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
issuance of revenue bonds by a county hospital authority. (Acts
66th Leg., R.S., Ch. 74, Sec. 8 (part).)
Sec. 1008.257. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding bonds
issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the bonds to be refunded; or
(2) exchanged in whole or in part for not less than a
similar principal amount of outstanding indebtedness.
(c) If a refunding bond is sold, the bond must be issued and
the payments must be made in the manner provided by Chapter 1207,
Government Code. (Acts 66th Leg., R.S., Ch. 74, Secs. 6(a) (part),
(b), 8 (part).)
Sec. 1008.258. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; or
(3) profits made in the sale of the bonds. (Acts 66th
Leg., R.S., Ch. 74, Sec. 20 (part).)
[Sections 1008.259-1008.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1008.301. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The district may not impose a tax to pay the principal of
or interest on revenue bonds issued under this chapter. (Acts 66th
Leg., R.S., Ch. 74, Secs. 11(a) (part), 14(a) (part), (c), (d).)
Sec. 1008.302. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate on all taxable property in the district for
all purposes may not exceed 75 cents on each $100 valuation of all
taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 66th
Leg., R.S., Ch. 74, Secs. 11(a) (part), (b) (part), 14(b).)
Sec. 1008.303. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 66th Leg., R.S., Ch. 74, Sec. 14(f).)
CHAPTER 1009. COCHRAN MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1009.001. DEFINITIONS
Sec. 1009.002. AUTHORITY FOR CREATION
Sec. 1009.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1009.004. DISTRICT TERRITORY
Sec. 1009.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1009.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1009.007-1009.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1009.051. BOARD; ELECTION
Sec. 1009.052. TERM
Sec. 1009.053. NOTICE OF ELECTION
Sec. 1009.054. BALLOT PETITION
Sec. 1009.055. QUALIFICATIONS FOR OFFICE
Sec. 1009.056. FILING OF OATH
Sec. 1009.057. BOARD VACANCY
Sec. 1009.058. OFFICERS
Sec. 1009.059. COMPENSATION
Sec. 1009.060. VOTING REQUIREMENT
Sec. 1009.061. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION
Sec. 1009.062. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1009.063. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1009.064. EMPLOYEES
Sec. 1009.065. RETIREMENT PROGRAM
[Sections 1009.066-1009.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1009.101. DISTRICT RESPONSIBILITY
Sec. 1009.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1009.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1009.104. HOSPITAL SYSTEM
Sec. 1009.105. RULES
Sec. 1009.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1009.107. RATES AND CHARGES
Sec. 1009.108. HOSPITAL LEASE
Sec. 1009.109. EMINENT DOMAIN
Sec. 1009.110. GIFTS AND ENDOWMENTS
Sec. 1009.111. CONTRACTS FOR SERVICES TO CERTAIN
PERSONS
Sec. 1009.112. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1009.113. AUTHORITY TO SUE AND BE SUED
[Sections 1009.114-1009.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1009.151. BUDGET; NOTICE OF HEARING
Sec. 1009.152. FISCAL YEAR
Sec. 1009.153. ANNUAL AUDIT
Sec. 1009.154. FINANCIAL REPORT
Sec. 1009.155. DEPOSITORY
[Sections 1009.156-1009.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1009.201. GENERAL OBLIGATION BONDS
Sec. 1009.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1009.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1009.204. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1009.205. REFUNDING BONDS
Sec. 1009.206. BONDS EXEMPT FROM TAXATION
[Sections 1009.207-1009.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1009.251. IMPOSITION OF AD VALOREM TAX
Sec. 1009.252. TAX ASSESSOR-COLLECTOR
CHAPTER 1009. COCHRAN MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1009.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Cochran Memorial Hospital
District. (New.)
Sec. 1009.002. AUTHORITY FOR CREATION. The Cochran
Memorial Hospital District is created under the authority of
Section 9, Article IX, Texas Constitution. (Acts 60th Leg., R.S.,
Ch. 494, Sec. 1 (part).)
Sec. 1009.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 60th Leg., R.S., Ch. 494, Sec. 8 (part).)
Sec. 1009.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Cochran County,
Texas. (Acts 60th Leg., R.S., Ch. 494, Sec. 1 (part).)
Sec. 1009.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 60th
Leg., R.S., Ch. 494, Sec. 18 (part).)
Sec. 1009.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 60th Leg., R.S., Ch. 494, Sec. 18 (part).)
[Sections 1009.007-1009.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1009.051. BOARD; ELECTION. (a) The board consists of
five elected directors.
(b) One director is elected from each county commissioners
precinct and one director is elected from the district at large.
(Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.052. TERM. Directors serve staggered two-year
terms unless a four-year term is established under Section 285.081,
Health and Safety Code. (Acts 60th Leg., R.S., Ch. 494, Sec. 4
(part).)
Sec. 1009.053. NOTICE OF ELECTION. At least 10 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper of general circulation in
Cochran County. (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.054. BALLOT PETITION. (a) A person who wants to
have the person's name printed on the ballot as a candidate for
director must file a petition requesting that action.
(b) The petition must be:
(1) signed by at least 10 qualified voters; and
(2) filed at least 25 days before the date of the
election. (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.055. QUALIFICATIONS FOR OFFICE. To qualify for
election to the board, a person must:
(1) be a resident of Cochran County; and
(2) own property in Cochran County subject to
taxation. (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.056. FILING OF OATH. The constitutional oath of
office executed by a director must be filed in the district's
office. (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.057. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than
three for any reason, the remaining directors shall immediately
call a special election to fill the vacancies. If the remaining
directors do not call the election, the county judge of Cochran
County may fill the vacancies by appointment. (Acts 60th Leg.,
R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.058. OFFICERS. The board shall elect from among
its members a president, vice president, and secretary. (Acts 60th
Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.059. COMPENSATION. A director is entitled to
compensation at a rate determined by the board. The rate may not
exceed $10 for each board meeting. (Acts 60th Leg., R.S., Ch. 494,
Sec. 4 (part).)
Sec. 1009.060. VOTING REQUIREMENT. A concurrence of three
directors is sufficient in any matter relating to district
business. (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.061. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
(a) The board shall:
(1) keep an account of all board meetings and
proceedings; and
(2) maintain at the district's principal office all
district records and accounts, including all contracts, notices,
duplicate vouchers, and duplicate receipts.
(b) The information described by Subsection (a) shall be
open to public inspection at the district's principal office at all
reasonable times. (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)
Sec. 1009.062. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant to the district
administrator.
(c) The district administrator and any assistant
administrator serves at the will of the board and is entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator must execute a bond payable to the district in an
amount of not less than $10,000 to be set by the board that:
(1) is conditioned on the administrator performing the
administrator's required duties; and
(2) contains other conditions the board may require.
(Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)
Sec. 1009.063. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 60th
Leg., R.S., Ch. 494, Sec. 5 (part).)
Sec. 1009.064. EMPLOYEES. The board may employ nurses,
technicians, and other lay personnel considered necessary for the
efficient operation of the district or may delegate that authority
to the district administrator. (Acts 60th Leg., R.S., Ch. 494, Sec.
5 (part).)
Sec. 1009.065. RETIREMENT PROGRAM. The board may enter
into a contract or agreement with this state or the federal
government to establish or continue a retirement program for the
benefit of the district's employees. (Acts 60th Leg., R.S., Ch.
494, Sec. 5 (part).)
[Sections 1009.066-1009.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1009.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care of indigent patients; and
(2) providing medical and hospital care for the
district's needy and indigent residents. (Acts 60th Leg., R.S.,
Ch. 494, Secs. 2 (part), 17 (part).)
Sec. 1009.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. Cochran County or a municipality in Cochran
County may not levy taxes or issue bonds or other obligations for
hospital purposes or medical care. (Acts 60th Leg., R.S., Ch. 494,
Sec. 17 (part).)
Sec. 1009.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the district and
the district's hospitals and hospital system. (Acts 60th Leg.,
R.S., Ch. 494, Secs. 4 (part), 5 (part).)
Sec. 1009.104. HOSPITAL SYSTEM. The district shall provide
for the establishment of a hospital system by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the buildings and equipment for
hospital purposes. (Acts 60th Leg., R.S., Ch. 494, Sec. 2 (part).)
Sec. 1009.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter. (Acts 60th Leg., R.S., Ch. 494, Secs. 5 (part), 9 (part).)
Sec. 1009.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 60th
Leg., R.S., Ch. 494, Sec. 9 (part).)
Sec. 1009.107. RATES AND CHARGES. The board shall
establish the rates and charges for:
(1) services;
(2) supplies; and
(3) the use of district facilities. (Acts 60th Leg.,
R.S., Ch. 494, Sec. 14 (part).)
Sec. 1009.108. HOSPITAL LEASE. The board may lease a
district hospital to a qualified doctor or group of doctors. (Acts
60th Leg., R.S., Ch. 494, Sec. 5 (part).)
Sec. 1009.109. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 60th
Leg., R.S., Ch. 494, Sec. 12.)
Sec. 1009.110. GIFTS AND ENDOWMENTS. The board may accept
on behalf of the district a gift or endowment to be held in trust and
administered by the board for a purpose and under a written
direction, limitation, or provision prescribed by the donor that is
not inconsistent with the proper management and objectives of the
district. (Acts 60th Leg., R.S., Ch. 494, Sec. 15.)
Sec. 1009.111. CONTRACTS FOR SERVICES TO CERTAIN PERSONS.
(a) The board may contract with a county or a municipality located
outside Cochran County for the care and treatment of a sick or
injured person of that county or municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom the
state or the federal government is responsible. (Acts 60th Leg.,
R.S., Ch. 494, Sec. 5 (part).)
Sec. 1009.112. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When an indigent patient has been admitted to a district facility,
the district administrator shall have an inquiry made into the
circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the patient's care and treatment in the hospital, the amount of the
costs that cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay all or part of the costs of the
patient's care and treatment, the patient or those relatives shall
be ordered to pay the district a specified amount each week for the
patient's support. The amount ordered must be proportionate to
financial ability and may not exceed the actual per capita cost of
maintenance.
(d) The district administrator may collect the amount from
the patient's estate, or from a relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue an appropriate order.
(f) A party to the dispute who is not satisfied with the
order may appeal to the district court. The appeal shall be by
trial de novo as that term is used in an appeal from a justice court
to the county court. (Acts 60th Leg., R.S., Ch. 494, Sec. 14
(part).)
Sec. 1009.113. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch.
494, Sec. 5 (part).)
[Sections 1009.114-1009.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1009.151. BUDGET; NOTICE OF HEARING. (a) The district
administrator shall prepare an annual budget for approval by the
board. The budget must be for the fiscal year prescribed by Section
1009.152.
(b) Not later than August 31 of each year, the board shall
give notice of a public hearing on the proposed budget. The notice
must be published in a newspaper of general circulation in Cochran
County at least 10 days before the date of the hearing. (Acts 60th
Leg., R.S., Ch. 494, Secs. 6 (part), 16.)
Sec. 1009.152. FISCAL YEAR. The district operates on a
fiscal year that begins on October 1 and ends on September 30.
(Acts 60th Leg., R.S., Ch. 494, Sec. 6 (part).)
Sec. 1009.153. ANNUAL AUDIT. (a) The district annually
shall have an audit made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 60th Leg., Ch. 494, R.S., Sec. 6
(part).)
Sec. 1009.154. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursement of that
money. (Acts 60th Leg., R.S., Ch. 494, Sec. 6 (part).)
Sec. 1009.155. DEPOSITORY. (a) The board shall select one
or more banks in Cochran County to serve as a depository for
district money.
(b) All district money shall be immediately deposited on
receipt with a depository bank, except that sufficient money must
be remitted to the appropriate bank to pay the principal of and
interest on the district's outstanding bonds or other obligations
on or before the maturity date of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being selected
as a depository. (Acts 60th Leg., R.S., Ch. 494, Sec. 10.)
[Sections 1009.156-1009.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1009.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district to purchase, construct, acquire, repair,
or renovate buildings and improvements and to equip the buildings
and improvements for a hospital and the hospital system. (Acts 60th
Leg., R.S., Ch. 494, Sec. 7 (part).)
Sec. 1009.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1009.201, the board shall impose an ad valorem tax in an
amount sufficient to:
(1) create an interest and sinking fund; and
(2) pay the principal of and interest on the bonds as
the bonds mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed 75 cents on each
$100 assessed value of all taxable property in the district. (Acts
60th Leg., R.S., Ch. 494, Sec. 7 (part).)
Sec. 1009.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting in an election held
for that purpose.
(b) The board shall call the election. The election must be
held in accordance with Chapter 1251, Government Code.
(c) The bond election order must specify:
(1) the date of the election;
(2) the amount of bonds to be authorized;
(3) the maximum maturity of the bonds;
(4) the maximum interest rate of the bonds;
(5) the location of the polling places; and
(6) the presiding election officers. (Acts 60th Leg.,
R.S., Ch. 494, Sec. 7 (part).)
Sec. 1009.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall attest the bonds as provided
by Chapter 618, Government Code. (Acts 60th Leg., R.S., Ch. 494,
Sec. 7 (part).)
Sec. 1009.205. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding general
obligation bonds issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the bonds to be refunded; or
(2) exchanged in whole or in part for not less than a
like principal amount of the bonds to be refunded.
(c) If a refunding bond is sold, the bond must be issued and
the payments must be made in the manner provided by Subchapters B
and C, Chapter 1207, Government Code. (Acts 60th Leg., R.S., Ch.
494, Sec. 7 (part).)
Sec. 1009.206. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer of the bonds; and
(3) the bond revenues and profits made in the sale of
the bonds. (Acts 60th Leg., R.S., Ch. 494, Sec. 8 (part).)
[Sections 1009.207-1009.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1009.251. IMPOSITION OF AD VALOREM TAX. The board
shall impose a tax on all property in the district subject to
district taxation in the manner provided by law for county taxes.
(Acts 60th Leg., R.S., Ch. 494, Sec. 13 (part).)
Sec. 1009.252. TAX ASSESSOR-COLLECTOR. (a) The tax
assessor-collector of Cochran County shall collect taxes imposed by
the district and promptly transfer the money collected to a
district depository.
(b) The assessor-collector shall receive the compensation
provided for by contract with the district, except the compensation
may not exceed the amount allowed for assessment and collection of
county taxes. (Acts 60th Leg., R.S., Ch. 494, Sec. 13 (part).)
SECTION 1.02. Subtitle B, Title 4, Special District Local Laws Code, is amended by adding Chapter 3503 to read as follows:
CHAPTER 3503. RED RIVER REDEVELOPMENT AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3503.001. DEFINITIONS
Sec. 3503.002. NATURE OF AUTHORITY
Sec. 3503.003. PURPOSES OF AUTHORITY
Sec. 3503.004. AUTHORITY TERRITORY
Sec. 3503.005. EXPANSION OF TERRITORY
Sec. 3503.006. RELATION TO OTHER LAW
Sec. 3503.007. LEGISLATIVE INTENT ON APPLICABILITY OF
OTHER LAWS
Sec. 3503.008. APPLICABILITY OF STATE REGULATORY
AUTHORITY
Sec. 3503.009. APPLICABILITY OF OPEN GOVERNMENT LAWS
[Sections 3503.010-3503.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3503.051. GENERAL DUTIES
Sec. 3503.052. COMPOSITION
Sec. 3503.053. TERM; SERVICE BY ELECTED OFFICIALS
Sec. 3503.054. VACANCIES
Sec. 3503.055. OFFICERS
Sec. 3503.056. RECALL
Sec. 3503.057. COMPENSATION; REIMBURSEMENT
Sec. 3503.058. COMPENSATION; BOARD POSITION NOT CIVIL
OFFICE OF EMOLUMENT
Sec. 3503.059. RULES; PROCEEDINGS
Sec. 3503.060. CONFLICT OF INTEREST; APPLICABILITY OF
OTHER LAW
[Sections 3503.061-3503.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3503.101. GENERAL POWERS AND DUTIES
Sec. 3503.102. GENERAL PROPERTY POWERS
Sec. 3503.103. WATER, SEWER, AND NATURAL GAS PROJECTS;
EMINENT DOMAIN
Sec. 3503.104. WASTE DISPOSAL
Sec. 3503.105. OTHER POWERS RELATED TO WATER
Sec. 3503.106. CONTRACTS
Sec. 3503.107. EMPLOYEES
[Sections 3503.108-3503.150 reserved for expansion]
SUBCHAPTER D. ADDITIONAL FINANCIAL PROVISIONS
Sec. 3503.151. USE OF REVENUE FROM OTHER GOVERNMENTAL
ENTITIES; LIMITATION
Sec. 3503.152. FEES FOR USE OF OTHER GOVERNMENTAL
ENTITIES' UTILITIES
Sec. 3503.153. TRANSFER OF ASSETS BY COUNTY
Sec. 3503.154. EXEMPTION FROM TAXATION
[Sections 3503.155-3503.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 3503.201. GENERAL AUTHORITY TO ISSUE BONDS
Sec. 3503.202. REVENUE BONDS
Sec. 3503.203. APPROVAL BY ATTORNEY GENERAL
Sec. 3503.204. BONDS FOR WATER OR SEWER PROJECTS;
APPLICABILITY OF WATER CODE
[Sections 3503.205-3503.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3503.251. POWER TO DISSOLVE; LEGISLATIVE INTENT
Sec. 3503.252. ASSETS TO COUNTY
CHAPTER 3503. RED RIVER REDEVELOPMENT AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3503.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Red River Redevelopment
Authority.
(2) "Board" means the authority's board of directors.
(3) "Property" means land, improvements, and personal
property described in Section 3503.004. (Loc. Gov. Code, Secs.
396.061(1), (2), (5).)
Sec. 3503.002. NATURE OF AUTHORITY. (a) The authority is a
governmental agency and a political subdivision of this state.
(b) The operations of the authority are considered to be
essential governmental functions and are not proprietary functions
for any purpose, including the application of Chapter 101, Civil
Practice and Remedies Code. (Loc. Gov. Code, Secs. 396.062(b),
(c).)
Sec. 3503.003. PURPOSES OF AUTHORITY. (a) The authority is
created to:
(1) accept title on approval by, and in coordination
with, the governor to all or a portion of the property on, adjacent
to, or related to the property described by Section 3503.004 from
the United States;
(2) promote the location and development of new
businesses, industries, and commercial activities on or related to
the property;
(3) undertake a project the board considers necessary
or incidental to the industrial, commercial, or business
development, redevelopment, maintenance, and expansion of new or
existing businesses on and for the property described by Section
3503.004, including the acquisition, construction, operation,
maintenance, repair, rehabilitation, replacement, improvement,
extension, expansion, or enhancement of:
(A) roads, bridges, and rights-of-way;
(B) housing;
(C) property;
(D) police, fire, medical, cultural,
educational, and research services, equipment, institutions, and
resources;
(E) other community support services;
(F) flood control, water, wastewater treatment,
natural gas, electricity, solid waste disposal, steam generation,
communications, and all other utility facilities and services;
(G) other infrastructure improvements; and
(H) any other services or facilities acquired by
the authority from the United States; and
(4) exercise the powers granted to a conservation and
reclamation district under Section 59, Article XVI, Texas
Constitution.
(b) The property described by Subsection (a)(1) consists of
any kind of property, whether real, personal, or mixed, and any
rights, whether tangible or intangible, assets, benefits, or
improvements related to the existence, development, operation, or
maintenance of the property, of the authority.
(c) The creation of the authority is necessary to promote,
develop, encourage, and maintain employment, commerce, economic
development, and the public welfare, and to conserve the natural
resources of this state, and is essential to accomplish the
purposes of Sections 49-d, 52, and 52-a, Article III, and Section
59, Article XVI, Texas Constitution, in an area previously
established and developed by the United States government for
military support purposes that will no longer be similarly
maintained for those purposes by the federal government. (Loc.
Gov. Code, Secs. 396.064, 396.0641.)
Sec. 3503.004. AUTHORITY TERRITORY. (a) The authority is
composed of the territory described by Section 8A, Chapter 831,
Acts of the 75th Legislature, Regular Session, 1997, as added by
Section 5, Chapter 1312, Acts of the 76th Legislature, Regular
Session, 1999, as that territory may have been modified under this
chapter or other law.
(b) The boundaries of the authority are the same as the
boundaries of the real property described by Subsection (a). (Loc.
Gov. Code, Secs. 396.062(a) (part), 396.0621.)
Sec. 3503.005. EXPANSION OF TERRITORY. The authority's
territory may be expanded as additional:
(1) real property is conveyed to the authority by the
United States; or
(2) counties or municipalities approve annexations.
(Loc. Gov. Code, Secs. 396.062(a) (part), 396.0622.)
Sec. 3503.006. RELATION TO OTHER LAW. This chapter does not
limit the power of the authority or other person, including another
governmental entity, to use other law not in conflict with this
chapter to the extent convenient or necessary to carry out a power,
express or implied, granted by this chapter. (Loc. Gov. Code, Sec.
396.077(c).)
Sec. 3503.007. LEGISLATIVE INTENT ON APPLICABILITY OF OTHER
LAWS. The legislature intends that the authority shall have all
power necessary to fully qualify and gain the benefits of any law
that is helpful in carrying out the purposes for which the authority
is created. (Loc. Gov. Code, Sec. 396.065(b) (part).)
Sec. 3503.008. APPLICABILITY OF STATE REGULATORY
AUTHORITY. The authority is subject to the regulatory authority of
the state, including any state agency, to the same extent as a
municipal corporation. (Loc. Gov. Code, Sec. 396.062(f).)
Sec. 3503.009. APPLICABILITY OF OPEN GOVERNMENT LAWS.
Chapters 551 and 552, Government Code, apply to the authority.
(Loc. Gov. Code, Sec. 396.062(d).)
[Sections 3503.010-3503.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3503.051. GENERAL DUTIES. The board shall manage,
control, and operate the authority. (Loc. Gov. Code, Sec.
396.063(a) (part).)
Sec. 3503.052. COMPOSITION. The board is composed of the
following 15 directors:
(1) two directors appointed by the county judge of
Bowie County;
(2) one director appointed by the commissioners court
of Bowie County;
(3) three directors appointed by the mayor of
Texarkana;
(4) one director appointed by the mayor of New Boston;
(5) one director appointed by the mayor of Hooks;
(6) one director appointed by the mayor of Nash;
(7) one director appointed by the mayor of Wake
Village;
(8) one director appointed by the mayor of Leary;
(9) one director appointed by the mayor of Redwater;
(10) one director appointed by the mayor of Maud;
(11) one director appointed by the mayor of DeKalb;
and
(12) one director appointed by the mayor of Red Lick.
(Loc. Gov. Code, Secs. 396.063(a) (part), (b).)
Sec. 3503.053. TERM; SERVICE BY ELECTED OFFICIALS. (a)
Each director serves for a term of two years.
(b) The board by rule or resolution may:
(1) provide for the appointment of directors of the
board in alternating years; and
(2) determine the number of directors and the manner
of deciding which directors shall be appointed in odd-numbered
years and which directors shall be appointed in even-numbered
years.
(c) A director who is also an elected official serves for a
term coinciding with the term of the elected office. (Loc. Gov.
Code, Secs. 396.063(c) (part), (d), (e).)
Sec. 3503.054. VACANCIES. A vacancy on the board is filled
in the same manner as the original appointment. (Loc. Gov. Code,
Sec. 396.063(c) (part).)
Sec. 3503.055. OFFICERS. (a) The board shall elect from
among its membership a president and a vice president.
(b) The vice president shall preside in the absence of the
president. (Loc. Gov. Code, Sec. 396.063(f).)
Sec. 3503.056. RECALL. A director may be recalled at any
time by the appointing official. (Loc. Gov. Code, Sec.
396.063(i).)
Sec. 3503.057. COMPENSATION; REIMBURSEMENT. A director is
not entitled to compensation for service on the board but is
entitled to be reimbursed for necessary expenses incurred in
carrying out the duties of a director. (Loc. Gov. Code, Sec.
396.063(j).)
Sec. 3503.058. COMPENSATION; BOARD POSITION NOT CIVIL
OFFICE OF EMOLUMENT. (a) A position on the board may not be
construed to be a civil office of emolument for any purpose,
including a purpose described in Section 40, Article XVI, Texas
Constitution.
(b) Elected officials of Bowie County and municipalities
may serve on the board without penalty or forfeiture of office.
(Loc. Gov. Code, Sec. 396.063(k) (part).)
Sec. 3503.059. RULES; PROCEEDINGS. The board shall adopt
rules to govern its proceedings. (Loc. Gov. Code, Sec. 396.063
(g).)
Sec. 3503.060. CONFLICT OF INTEREST; APPLICABILITY OF OTHER
LAW. A conflict of interest, under either statutory or common law,
for a director regarding a particular matter to come before the
board, is governed by Chapter 171, Local Government Code. (Loc.
Gov. Code, Sec. 396.063(k) (part).)
[Sections 3503.061-3503.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3503.101. GENERAL POWERS AND DUTIES. (a) This chapter
provides sufficient authority to issue bonds, execute contracts,
and perform any other act or procedure authorized in this chapter
for the authority and all other persons of this state, including
another governmental entity of this state and including an action
regarding another governmental entity and the United States,
without reference to other law or a restriction or limitation
contained in other law, except as provided by this chapter.
(b) The authority may exercise any power or duty necessary
or appropriate to carry out a project described by Section
3503.003(a)(3) and the purposes of this chapter, including the
power to:
(1) sue and be sued, and plead and be impleaded, in its
own name;
(2) adopt an official seal;
(3) adopt, enforce, and amend rules for the conduct of
its affairs;
(4) acquire, hold, own, pledge, and dispose of its
revenue, income, receipts, and money from any source;
(5) select its depository;
(6) acquire, own, rent, lease, accept, hold, or
dispose of any property, or any interest in property, including
rights or easements, in performing its duties and exercising its
powers under this chapter, by purchase, exchange, gift, assignment,
sale, lease, or other method;
(7) hold, manage, operate, or improve the property;
(8) sell, assign, lease, encumber, mortgage, or
otherwise dispose of property, or any interest in property, and
relinquish a property right, title, claim, lien, interest,
easement, or demand, however acquired;
(9) perform an activity authorized by Subdivision (8)
by public or private sale, with or without public bidding,
notwithstanding any other law;
(10) lease or rent any land and building, structure,
or facility from or to any person to carry out a chapter purpose;
(11) request and accept an appropriation, grant,
allocation, subsidy, guarantee, aid, service, labor, material, or
gift, from the federal government, the state, a public agency or
political subdivision, or any other source;
(12) operate and maintain an office and appoint and
determine the duties, tenure, qualifications, and compensation of
officers, employees, agents, professional advisors and counselors,
including financial consultants, accountants, attorneys,
architects, engineers, appraisers, and financing experts, as
considered necessary or advisable by the board;
(13) borrow money and issue bonds, payable solely from
all or a portion of any authority revenue, by resolution or order of
the board and without the necessity of an election;
(14) set and collect rents, rates, fees, and charges
regarding the property and any services provided by the authority;
(15) exercise the powers Chapters 373 and 380, Local
Government Code, grant to a municipality for the development of
housing and expansion of economic development and commercial
activity;
(16) exercise the powers Chapter 49, Water Code,
grants to a general-law district;
(17) exercise the powers Chapter 54, Water Code,
grants to a municipal utility district;
(18) exercise the powers Chapter 441, Transportation
Code, grants to a road utility district;
(19) exercise the powers Subchapter C, Chapter 271,
Local Government Code, grants to a municipality or county;
(20) exercise the powers Chapter 402, Local Government
Code, grants to a municipality for the provision of municipal
utilities;
(21) contract and be contracted with, in the
authority's own name, another person in the performance of the
authority's powers or duties to carry out a project described by
Section 3503.003(a)(3), or to accomplish the purposes of this
chapter for a period of years, on the terms, and by competitive
bidding or by negotiated contract, all as the board considers
appropriate, desirable, and in the best interests of the authority
and the accomplishment of chapter purposes; and
(22) acquire, hold, own, sell, assign, lease,
encumber, mortgage, or otherwise dispose of any real, personal, or
mixed property located outside the perimeter of the property
described by Section 3503.004 if the other property enhances or
facilitates the development, redevelopment, maintenance, or
expansion of new and existing businesses, industry, or commercial
activity on the property. (Loc. Gov. Code, Secs. 396.065(a),
396.077(a).)
Sec. 3503.102. GENERAL PROPERTY POWERS. The authority may
acquire, purchase, construct, own, operate, maintain, repair,
improve, or extend, lease, or sell on terms, including rentals or
sale prices, on which the parties agree, any work, improvement,
facility, plant, building, structure, equipment, or appliance and
any property or any interest in related property that is incident to
or necessary to carry out or perform an authority power. (Loc. Gov.
Code, Sec. 396.069.)
Sec. 3503.103. WATER, SEWER, AND NATURAL GAS PROJECTS;
EMINENT DOMAIN. (a) The authority may undertake a project under
Section 3503.003(a)(3) to develop water, sewer, and natural gas
projects to benefit the authority.
(b) The authority may exercise the power of eminent domain
for a project under this section. (Loc. Gov. Code, Sec. 396.070.)
Sec. 3503.104. WASTE DISPOSAL. (a) The authority may
provide for the collection, transmission, treatment, disposal, and
control of municipal, domestic, industrial, and commercial waste
water and sewage.
(b) The authority may exercise the powers granted to a
district under Chapter 30, Water Code. (Loc. Gov. Code, Secs.
396.071, 396.072.)
Sec. 3503.105. OTHER POWERS RELATED TO WATER. The
authority may provide for the construction, storage, transmission,
treatment, supply, and distribution of water for any useful
purpose, including for a municipal, domestic, industrial, or
commercial purpose. (Loc. Gov. Code, Sec. 396.073.)
Sec. 3503.106. CONTRACTS. The authority and any person may
contract with each other in any manner and on terms on which the
parties agree regarding a power the authority may exercise or a
facility or service that the authority may provide or finance.
(Loc. Gov. Code, Sec. 396.074.)
Sec. 3503.107. EMPLOYEES. The board may employ persons to
carry out the powers and duties of the authority. (Loc. Gov. Code,
Sec. 396.063(h).)
[Sections 3503.108-3503.150 reserved for expansion]
SUBCHAPTER D. ADDITIONAL FINANCIAL PROVISIONS
Sec. 3503.151. USE OF REVENUE FROM OTHER GOVERNMENTAL
ENTITIES; LIMITATION. (a) Any governmental entity of this state
may:
(1) use and pledge available revenue for the payment
of an amount due under a contract entered into with the authority as
an additional source of payment of the contracts or as the sole
source of payment of the contracts; and
(2) covenant with respect to available revenue to
assure the availability of the revenue when required.
(b) The governmental entity may not use, pledge, or covenant
under this section revenue from ad valorem taxes, or the proceeds of
bonds paid wholly or partly from ad valorem taxes, unless the use,
pledge, or covenant has been approved by the voters of the
governmental entity at an election called for the purpose of:
(1) imposing taxes or issuing or refunding bonds; or
(2) using or pledging the entity's revenue or proceeds
under contracts with the authority under this chapter. (Loc. Gov.
Code, Secs. 396.075(a), (b).)
Sec. 3503.152. FEES FOR USE OF OTHER GOVERNMENTAL ENTITIES'
UTILITIES. (a) A governmental entity may charge a fee to any
person for using a service or facility provided by a utility
operated by the governmental entity and provided under a contract
with the authority, including a fee for:
(1) water charges;
(2) sewage charges;
(3) solid waste disposal system fees and charges,
including garbage collection or handling fees; and
(4) other fees or charges.
(b) The governmental entity may use and pledge a sufficient
amount of the money collected under Subsection (a) to make a payment
to the authority as required under a contract with the authority and
may covenant to do so in an amount sufficient to make a payment to
the authority when due.
(c) A payment, if the parties agree in the contract, is an
expense of operation of the facilities or utility operated by the
governmental entity. (Loc. Gov. Code, Secs. 396.075(c), (d).)
Sec. 3503.153. TRANSFER OF ASSETS BY COUNTY. (a) Bowie
County may transfer to the authority by deed, bill of sale, or other
method, all assets, including personal and real property,
accumulated or acquired from, or with money provided by, the United
States Department of the Army or this state for the development,
redevelopment, maintenance, or expansion of the property, along
with any unexpended money made available for those purposes by the
United States Department of the Army or this state.
(b) The transfer of assets shall be made without the
requirement of public notice or bidding.
(c) Except as otherwise provided by law, this section does
not authorize the transfer of public money of Bowie County other
than the money described by this section. (Loc. Gov. Code, Sec.
396.068(b).)
Sec. 3503.154. EXEMPTION FROM TAXATION. The property,
revenue, and income of the authority are exempt from all taxes
imposed by the state or a political subdivision of the state. (Loc.
Gov. Code, Sec. 396.066.)
[Sections 3503.155-3503.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 3503.201. GENERAL AUTHORITY TO ISSUE BONDS. To
exercise a power granted under this chapter, the authority may
issue bonds to acquire, purchase, construct, maintain, repair,
improve, or extend works, improvements, facilities, plants,
buildings, structures, appliances, and property. (Loc. Gov. Code,
Sec. 396.076(a).)
Sec. 3503.202. REVENUE BONDS. (a) The authority may issue
revenue bonds, including revenue bonds to pay for feasibility
studies for proposed authority projects, including projects
regarding engineering, planning and design, and environmental
studies.
(b) The authority may include in a revenue bond issue the
money to operate and maintain facilities acquired or constructed
through the revenue bond issue for a period not to exceed two years
after the date of the facility's completion. (Loc. Gov. Code, Secs.
396.062(e) (part), 396.076(b).)
Sec. 3503.203. APPROVAL BY ATTORNEY GENERAL. If bonds
issued by the authority recite that they are secured by a pledge of
payments under a contract, a copy of the contract and the
proceedings relating to the contract may be submitted to the
attorney general along with the bonds. If the attorney general
finds that the bonds have been authorized and the contract was
entered into in accordance with law, the attorney general shall
approve the bonds and the contract. (Loc. Gov. Code, Sec.
396.076(c).)
Sec. 3503.204. BONDS FOR WATER OR SEWER PROJECTS;
APPLICABILITY OF WATER CODE. Bonds issued under this chapter for a
water or sewer project shall be issued in accordance with Sections
54.502 and 54.503, Water Code. (Loc. Gov. Code, Secs. 396.062(e)
(part), 396.076(d).)
[Sections 3503.205-3503.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3503.251. POWER TO DISSOLVE; LEGISLATIVE INTENT. (a)
The legislature intends that the authority be dissolved, with the
approval of the governing bodies of the municipalities of DeKalb,
Hooks, Leary, Maud, Nash, New Boston, Red Lick, Redwater,
Texarkana, and Wake Village and the governing body of Bowie County,
after conveyance and sale of all of the property.
(b) The authority may be dissolved by the board on approval
of each governing body listed in Subsection (a) after all debts or
obligations have been satisfied or retired. (Loc. Gov. Code, Secs.
396.061(4), 396.067(a).)
Sec. 3503.252. ASSETS TO COUNTY. On dissolution, any
remaining assets of the authority shall be conveyed or transferred
to Bowie County. (Loc. Gov. Code, Sec. 396.067(b).)
SECTION 1.03. Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapters 3818-3832 to read as follows:
CHAPTER 3818. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3818.001. DEFINITIONS
Sec. 3818.002. HARRIS COUNTY IMPROVEMENT DISTRICT
NO. 1
Sec. 3818.003. PURPOSE; DECLARATION OF INTENT
Sec. 3818.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3818.005. DISTRICT TERRITORY
Sec. 3818.006. APPLICABILITY OF OTHER LAW
Sec. 3818.007. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3818.008-3818.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3818.051. COMPOSITION; TERMS
Sec. 3818.052. QUALIFICATIONS FOR OFFICE
Sec. 3818.053. QUORUM; CONCURRENCE OF DIRECTORS
Sec. 3818.054. VACANCY
Sec. 3818.055. REMOVAL OF DIRECTOR
[Sections 3818.056-3818.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3818.101. NONPROFIT CORPORATION
Sec. 3818.102. AGREEMENTS; GRANTS
Sec. 3818.103. USE OF CONDUITS
Sec. 3818.104. REGULATION OF SIGNS
Sec. 3818.105. EXCLUSION OF TERRITORY; HEARING
Sec. 3818.106. ANNEXATION
Sec. 3818.107. DATE OF ELECTIONS
Sec. 3818.108. APPROVAL OF CERTAIN IMPROVEMENT
PROJECTS
Sec. 3818.109. NO EMINENT DOMAIN POWER
[Sections 3818.110-3818.150 reserved for expansion]
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3818.151. PUBLIC TRANSIT SYSTEM; PETITION
REQUIRED
Sec. 3818.152. PARKING FACILITIES AUTHORIZED;
OPERATION BY PRIVATE ENTITY; TAX
EXEMPTION
Sec. 3818.153. RULES FOR TRANSIT OR PARKING SYSTEM
Sec. 3818.154. PAYING COST OF PUBLIC TRANSIT SYSTEM OR
PARKING FACILITIES
Sec. 3818.155. PAYMENT INSTEAD OF TAXES TO OTHER
TAXING UNITS
[Sections 3818.156-3818.200 reserved for expansion]
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3818.201. NOTICE AND HEARING REQUIRED
Sec. 3818.202. NOTICE OF HEARING
Sec. 3818.203. HEARING PROCEDURE
Sec. 3818.204. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENT PROJECTS
Sec. 3818.205. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES
Sec. 3818.206. UTILITY PROPERTY EXEMPT FROM
ASSESSMENTS AND IMPACT FEES
Sec. 3818.207. BONDS; APPROVAL BY CITY OF HOUSTON
Sec. 3818.208. PETITION REQUIRED FOR BOND ELECTION
Sec. 3818.209. ASSESSMENTS AND BOND LIMIT
Sec. 3818.210. APPEAL OF ASSESSMENT
Sec. 3818.211. PAYMENT BY EXEMPT JURISDICTIONS
[Sections 3818.212-3818.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3818.251. APPLICABILITY OF OTHER LAW; EXCEPTION
CHAPTER 3818. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3818.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Harris County Improvement
District No. 1. (Acts 70th Leg., R.S., Ch. 1026, Sec. 2; New.)
Sec. 3818.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1. A
special district known as the "Harris County Improvement District
No. 1" is a political subdivision of this state. (Acts 70th Leg.,
R.S., Ch. 1026, Sec. 1(A) (part).)
Sec. 3818.003. PURPOSE; DECLARATION OF INTENT. The
creation of the district is essential to accomplish the purposes of
Section 52, Article III, and Section 59, Article XVI, Texas
Constitution, and other public purposes as provided by this
chapter. (Acts 70th Leg., R.S., Ch. 1026, Sec. 1(B).)
Sec. 3818.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit. Each
improvement project or service authorized by this chapter carries
out a public purpose.
(b) All land and other property included in the district
will benefit from the works and projects that are to be
accomplished by the district under powers conferred by Section 52,
Article III, and Section 59, Article XVI, Texas Constitution,
Vernon's Texas Civil Statutes, and other powers granted under this
chapter.
(c) The creation of the district is essential to:
(1) the economic diversification of the state;
(2) the elimination of unemployment and
underemployment; and
(3) the stimulation of transportation and commerce.
(d) The creation of the district is in the public interest
and will promote the health, safety, and general welfare of its
residents and the public.
(e) The present and prospective traffic congestion in the
district, the safety of pedestrians, and the limited availability
of funds require the promotion and development of public
transportation and pedestrian facilities and systems by new and
alternative means. The district will serve the public purpose of
securing expanded and improved transportation and pedestrian
facilities and systems.
(f) The district will promote the health, safety, welfare,
morals, convenience, and enjoyment of the public by landscaping and
developing certain areas in the district that are necessary for the
restoration, preservation, and enhancement of scenic and aesthetic
beauty.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
70th Leg., R.S., Ch. 1026, Secs. 5(A), (B), 7(A) (part).)
Sec. 3818.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 1026,
Acts of the 70th Legislature, Regular Session, 1987, as that
territory may have been modified under:
(1) Section 3818.106, or its predecessor, Section 13,
Chapter 1026, Acts of the 70th Legislature, Regular Session, 1987;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district contained
in Section 3, Chapter 1026, Acts of the 70th Legislature, Regular
Session, 1987, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not
affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to issue any type of
bond, including a refunding bond, for a purpose for which the
district is created or to pay the principal of and interest on a
bond;
(3) the right of the district to impose an assessment
or a tax; or
(4) the legality or operation of the district or the
board. (Acts 70th Leg., R.S., Ch. 1026, Sec. 4; New.)
Sec. 3818.006. APPLICABILITY OF OTHER LAW. Except as
otherwise provided, Chapter 375, Local Government Code, applies to
the district. (Acts 70th Leg., R.S., Ch. 1026, Sec. 6(C).)
Sec. 3818.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformance with the
legislative findings and purposes stated in this chapter. (Acts
70th Leg., R.S., Ch. 1026, Sec. 5(C).)
[Sections 3818.008-3818.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3818.051. COMPOSITION; TERMS. (a) The district is
governed by a board of 12 directors.
(b) The commission appoints the directors to positions
numbered 1 through 12.
(c) Directors serve staggered four-year terms.
(d) The commission shall attempt to appoint directors to
represent all geographical areas and business interests in the
district and shall solicit input from the existing board concerning
persons who would be eligible to represent the various interests in
the district. (Acts 70th Leg., R.S., Ch. 1026, Secs. 8(A), (C)
(part), (G) (part).)
Sec. 3818.052. QUALIFICATIONS FOR OFFICE. (a) Except as
provided by Subsection (b), a director must meet the requirements
provided by Section 375.063, Local Government Code.
(b) A tenant of a person who qualifies under Sections
375.063(2)-(4), Local Government Code, is not qualified to serve as
a director under this chapter, except that the tenant is qualified
to serve as a director in position 8 or 12 if the tenant:
(1) leases property in the district for an initial
term of 10 years or more; or
(2) is an employee, stockholder, or owner of a
beneficial interest in an entity having a lease that qualifies
under Subdivision (1).
(c) A person who owns a partnership interest, whether
general or limited, or who has a lease with a remaining term of 30
years or more, excluding options, is considered to be an owner of
land for purposes of this chapter.
(d) A person who qualifies to serve on the board under
Subsection (a) or (b) is qualified to serve as a director and
participate in all votes pertaining to the business of the
district. (Acts 70th Leg., R.S., Ch. 1026, Secs. 8(D), (E), (F),
(K).)
Sec. 3818.053. QUORUM; CONCURRENCE OF DIRECTORS. (a)
Seven directors constitute a quorum of the board for district
purposes.
(b) Except as provided by Subsection (c), the concurrence of
six directors is required for any official action of the district.
(c) The concurrence of eight directors is required to:
(1) authorize the issuance of bonds; or
(2) impose an assessment or tax. (Acts 70th Leg.,
R.S., Ch. 1026, Sec. 8(J).)
Sec. 3818.054. VACANCY. The commission by appointment
shall fill a vacancy on the board. (Acts 70th Leg., R.S., Ch. 1026,
Sec. 8(G) (part).)
Sec. 3818.055. REMOVAL OF DIRECTOR. The commission may
remove a director for misconduct or failure to carry out the
director's duties after a petition by a majority of the other
directors. (Acts 70th Leg., R.S., Ch. 1026, Sec. 8(G) (part).)
[Sections 3818.056-3818.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3818.101. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Subchapter D, Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as, for the same term as,
and on the conditions of the board of directors of a local
government corporation created under Chapter 431, Transportation
Code. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7B.)
Sec. 3818.102. AGREEMENTS; GRANTS. (a) The district may
make a contract, lease, or other agreement with, or accept a grant
or loan from, any person to carry out a purpose of this chapter on
the terms and conditions and for the period of time determined by
the board.
(b) A person may contract with the district to carry out the
purposes of this chapter. (Acts 70th Leg., R.S., Ch. 1026, Secs.
5A(D), 14.)
Sec. 3818.103. USE OF CONDUITS. (a) The district may:
(1) finance, acquire, construct, improve, operate,
maintain, or charge a fee for the use of its own conduits for
fiber-optic cable, electronic transmission lines, or other types of
transmission lines and supporting facilities; or
(2) finance, acquire, construct, improve, operate, or
maintain conference centers and supporting facilities.
(b) This section does not authorize the district to require
a person to use a conduit authorized by this section. (Acts 70th
Leg., R.S., Ch. 1026, Sec. 7C.)
Sec. 3818.104. REGULATION OF SIGNS. The board by rule may
regulate signs in the district. The board may require the removal
of a sign that does not conform to a rule adopted under this
section. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(Y).)
Sec. 3818.105. EXCLUSION OF TERRITORY; HEARING. (a) At any
time, the board may on its own motion call a hearing on the question
of the exclusion of land from the district as provided by Chapter
49, Water Code, if the exclusion is practicable, just, or
desirable.
(b) The board shall call a hearing on the exclusion of land
or other property from the district if, before the issuance of bonds
has been authorized, a property owner in the district files a
written petition with the secretary of the board. (Acts 70th Leg.,
R.S., Ch. 1026, Sec. 10.)
Sec. 3818.106. ANNEXATION. (a) Subject to the approval of
the governing body of the City of Houston the district may:
(1) annex territory in accordance with Subchapter J,
Chapter 49, Water Code; or
(2) annex territory located inside the boundaries of a
reinvestment zone created under Chapter 311, Tax Code, as those
boundaries existed on September 1, 2001.
(b) The district may annex territory described by
Subsection (a)(2) only if:
(1) the district holds a public hearing on the
proposed annexation and publishes notice in the district not later
than the 15th day before the date of the hearing; and
(2) a majority of the qualified voters of the
territory that the district proposes to annex voting at an election
held within that territory approve:
(A) the annexation;
(B) the assumption of the bonds, notes,
obligations, taxes, and special assessments created before the
annexation of the area to the district; and
(C) the assumption of the bonds of the district
payable wholly or partly from taxes or special assessments that
have been voted previously but not yet issued or sold and the
imposition of an ad valorem tax or special assessment on all taxable
property within the annexed area for the payment of the bonds.
(c) If the voters approve each proposition under Subsection
(b)(2), the board may adopt an order adding the annexed territory to
the district.
(d) An election under Subsection (b) must be held and notice
must be given in the territory that the district proposes to annex
in the same manner as provided for a bond election held by the
district. The district may hold an election to annex territory on
the same day as another district election.
(e) The board may:
(1) call an election to annex territory by a separate
election order or as a part of another election order;
(2) submit multiple purposes in a single proposition
at an election; or
(3) order multiple elections to annex the same
territory.
(f) The district may annex defined areas of land, regardless
of whether the areas are contiguous to the district.
(g) An annexed area shall bear that area's pro rata share of
all bonds, notes, or other obligations, taxes, or special
assessments that may be owed, contracted for, or authorized by the
district.
(h) The election, notice, and hearing requirements imposed
by Subsections (b)-(g) do not apply to an annexation under
Subsection (a)(1). (Acts 70th Leg., R.S., Ch. 1026, Sec. 13.)
Sec. 3818.107. DATE OF ELECTIONS. An election held in the
district is not required to be held on a uniform election date
provided by Section 41.001, Election Code. (Acts 70th Leg., R.S.,
Ch. 1026, Sec. 11(C).)
Sec. 3818.108. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.
The district must obtain approval from the governing body of the
City of Houston and the department of planning of the City of
Houston of the plans and specifications of any improvement project
that involves the use of a right-of-way of a street, road, or
highway or the use of municipal land. (Acts 70th Leg., R.S., Ch.
1026, Sec. 9 (part).)
Sec. 3818.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain. (Acts 70th Leg., R.S.,
Ch. 1026, Sec. 7(B) (part).)
[Sections 3818.110-3818.150 reserved for expansion]
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3818.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED.
(a) The district may acquire, lease as lessor or lessee, construct,
develop, own, operate, and maintain a public transit system to
serve the area within the boundaries of the district.
(b) The district may acquire, construct, or develop a mass
transit improvement or facility under Subsection (a) only if a
petition is filed with the district that requests the improvement
or facility. The petition must be executed by owners of property
representing a majority in value or a majority in square footage of
the real property in the district that abuts the right-of-way in
which the improvement or facility is proposed to be located. The
determination of a majority is based on the property owners along
the entire right-of-way of the proposed transit project and may not
be computed on a block-by-block basis. (Acts 70th Leg., R.S., Ch.
1026, Sec. 5A(A).)
Sec. 3818.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease
as lessor or lessee, construct, develop, own, operate, and maintain
parking facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district must be leased to or
operated for the district by an entity other than the district.
(c) The district's parking facilities serve a public
purpose under Section 3818.003 and are owned, used, and held for a
public purpose even if leased or operated by a private entity for a
term of years.
(d) The district's public parking facilities and any lease
to a private entity are exempt from the payment of ad valorem taxes
and state and local sales and use taxes. (Acts 70th Leg., R.S., Ch.
1026, Sec. 5A(B).)
Sec. 3818.153. RULES FOR TRANSIT OR PARKING SYSTEM. (a)
The district may adopt rules covering its public transit system and
its public parking system.
(b) Rules adopted under this section that relate to or
affect the use of the public right-of-way or a requirement for
off-street parking are subject to all applicable municipal charter,
code, and ordinance requirements. (Acts 70th Leg., R.S., Ch. 1026,
Sec. 5A(C) (part).)
Sec. 3818.154. PAYING COST OF PUBLIC TRANSIT SYSTEM OR
PARKING FACILITIES. (a) The district may use any of its
resources, including revenue, assessments, taxes, and grant or
contract proceeds, to pay the cost of acquiring or operating a
public transit system or a system of public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the public transit system or the public parking
facilities; and
(2) issue bonds or notes to finance the cost of these
facilities.
(c) If the district pays for or finances the cost of
acquiring and operating a public transit system or a system of
public parking facilities with resources other than assessments, a
petition of property owners or public hearing is not required, just
as a petition of property owners and public hearing on the petition
are not required for the provision of all other district services
and improvements that are not paid for or financed with
assessments. Notwithstanding this subsection, a petition is
required as provided by Section 3818.151 before the district may
construct transit improvements. (Acts 70th Leg., R.S., Ch. 1026,
Sec. 5A(C) (part).)
Sec. 3818.155. PAYMENT INSTEAD OF TAXES TO OTHER TAXING
UNITS. If the district's acquisition of property for a parking
facility that is leased to or operated by a private entity results
in removing from a taxing unit's tax rolls real property otherwise
subject to ad valorem taxation, the district shall pay to the taxing
unit in which the property is located, on or before January 1 of
each year, as a payment instead of taxes, an amount equal to the ad
valorem taxes that otherwise would have been imposed for the
preceding tax year on that real property by the taxing unit, without
including the value of any improvements constructed on the
property. (Acts 70th Leg., R.S., Ch. 1026, Sec. 5A(E).)
[Sections 3818.156-3818.200 reserved for expansion]
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3818.201. NOTICE AND HEARING REQUIRED. The board may
finance a service or improvement project under this chapter after:
(1) notice of a hearing has been given as required by
Section 3818.202; and
(2) the board holds a public hearing on the
advisability of the service or improvement and the proposed
assessments. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(D) (part).)
Sec. 3818.202. NOTICE OF HEARING. (a) Except as provided
by this section, notice of a hearing on financing improvement
projects or services shall be given as provided by Section 375.115,
Local Government Code.
(b) The final publication must be made:
(1) not later than the 15th day before the date of the
hearing; and
(2) in a newspaper of general circulation in each
county in which the district is located.
(c) Written notice required by Section 375.115(c), Local
Government Code, must be made not later than the 15th day before the
date of the hearing. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(E)
(part).)
Sec. 3818.203. HEARING PROCEDURE. (a) The board may
appoint a director, a district employee, or any other person as
hearings examiner to conduct hearings required by the board.
(b) A hearing under this subchapter shall be conducted in
the manner provided for contested cases under Chapter 2001,
Government Code. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(E)
(part).)
Sec. 3818.204. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENT PROJECTS. (a) The board may not finance a service or
improvement project under this chapter unless a written petition
requesting that service or improvement has been filed with the
board.
(b) The petition must be signed by:
(1) the owners of 50 percent of the assessed value of
the property in the district based on the most recent certified
county tax appraisal roll; or
(2) the owners of 50 percent or more of the surface
area of the district, excluding roads, streets, highways, and
utility rights-of-way, based on the most recent certified county
tax appraisal roll. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(D)
(part).)
Sec. 3818.205. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. (a) The district may impose an ad
valorem tax, assessment, or impact fee in accordance with Chapter
375, Local Government Code, to provide an improvement or service
for a project or activity the district may acquire, construct,
improve, or provide under this chapter if a written petition
requesting that improvement or service has been filed with the
board.
(b) The petition must be signed by:
(1) the owners of 50 percent or more of the assessed
value of the property in the district as determined from the most
recent certified county tax appraisal roll; or
(2) 25 owners of property in the district, if more than
25 persons own property in the district as determined by the most
recent certified county tax appraisal roll. (Acts 70th Leg., R.S.,
Ch. 1026, Sec. 7A(A).)
Sec. 3818.206. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS AND
IMPACT FEES. The district may not impose an assessment or impact
fee on the property, including the equipment, rights-of-way,
facilities, or improvements of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable system as defined by Section 602,
Communications Act of 1934 (47 U.S.C. Section 522), as amended.
(Acts 70th Leg., R.S., Ch. 1026, Sec. 7A(B).)
Sec. 3818.207. BONDS; APPROVAL BY CITY OF HOUSTON. (a)
Except as provided by Subsection (b), the district must obtain the
approval of the director of public works of the City of Houston for
the issuance of bonds for any improvement project.
(b) If the district obtains approval from the governing body
of the City of Houston of a capital improvements budget for a period
not to exceed five years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the City of Houston. (Acts 70th Leg., R.S.,
Ch. 1026, Sec. 9 (part).)
Sec. 3818.208. PETITION REQUIRED FOR BOND ELECTION. The
board may not call a bond election unless a written petition has
been filed with the board that requests an election and is signed by
the owners of:
(1) 50 percent or more of the assessed value of the
property in the district based on the most recent certified county
tax appraisal roll; or
(2) 50 percent or more of the surface area of the
district, excluding roads, streets, highways, and utility
rights-of-way, based on the most recent certified county tax
appraisal roll. (Acts 70th Leg., R.S., Ch. 1026, Sec. 11(D).)
Sec. 3818.209. ASSESSMENTS AND BOND LIMIT. The board may
not issue bonds or impose assessments that exceed 10 percent of the
assessed value of the property in the district based on the most
recent certified county tax appraisal roll. (Acts 70th Leg., R.S.,
Ch. 1026, Sec. 12(B).)
Sec. 3818.210. APPEAL OF ASSESSMENT. A property owner may
appeal the board's decision on an assessment to a district court
that has jurisdiction in the district by filing notice of the appeal
with the court not later than the 30th day after the date of the
board's final decision. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(E)
(part).)
Sec. 3818.211. PAYMENT BY EXEMPT JURISDICTIONS. Payment of
assessments by exempt jurisdictions, if any, shall be established
by contract. (Acts 70th Leg., R.S., Ch. 1026, Sec. 7(G).)
[Sections 3818.212-3818.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3818.251. APPLICABILITY OF OTHER LAW; EXCEPTION.
Subchapter M, Chapter 375, Local Government Code, applies to the
district except that in determining the percentage of surface area
under Section 375.262(2), Local Government Code, other public areas
and other property exempt from assessment under Sections 375.161,
375.163, and 375.164 are not excluded. (Acts 70th Leg., R.S., Ch. 1026, Sec. 15(B) (part).)
CHAPTER 3819. BAYBROOK MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3819.001. DEFINITIONS
Sec. 3819.002. BAYBROOK MANAGEMENT DISTRICT
Sec. 3819.003. PURPOSE; DECLARATION OF INTENT
Sec. 3819.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3819.005. DISTRICT TERRITORY
Sec. 3819.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES
Sec. 3819.007. APPLICABILITY OF OTHER LAW
Sec. 3819.008. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3819.009-3819.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3819.051. COMPOSITION; TERMS
Sec. 3819.052. APPOINTMENT OF DIRECTORS
Sec. 3819.053. NONVOTING DIRECTORS
Sec. 3819.054. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3819.055. INITIAL DIRECTORS
[Sections 3819.056-3819.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3819.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3819.102. NONPROFIT CORPORATION
Sec. 3819.103. AGREEMENTS; GRANTS
Sec. 3819.104. LAW ENFORCEMENT SERVICES
Sec. 3819.105. COMPETITIVE BIDDING
Sec. 3819.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS
Sec. 3819.107. ECONOMIC DEVELOPMENT PROGRAMS
Sec. 3819.108. MUNICIPAL APPROVAL
[Sections 3819.109-3819.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3819.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3819.152. TAX AND BOND ELECTIONS
Sec. 3819.153. MAINTENANCE AND OPERATION TAX
Sec. 3819.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3819.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3819.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3819.157. BONDS AND OTHER OBLIGATIONS
Sec. 3819.158. MUNICIPALITY NOT REQUIRED TO PAY
DISTRICT OBLIGATIONS
Sec. 3819.159. TAX AND ASSESSMENT ABATEMENTS
[Sections 3819.160-3819.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3819.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3819. BAYBROOK MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3819.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Baybrook Management
District. (Acts 78th Leg., R.S., Ch. 784, Sec. 2.)
Sec. 3819.002. BAYBROOK MANAGEMENT DISTRICT. The Baybrook
Management District is a special district created under Section 59,
Article XVI, Texas Constitution. (Acts 78th Leg., R.S., Ch. 784,
Sec. 1(a).)
Sec. 3819.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided, as of June 20, 2003, to
the area in the district. The district is created to supplement and
not to supplant the county or city services provided in the area in
the district. (Acts 78th Leg., R.S., Ch. 784, Sec. 3.)
Sec. 3819.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 784, Sec. 6.)
Sec. 3819.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 784, Acts
of the 78th Legislature, Regular Session, 2003, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 784, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
784, Sec. 5; New.)
Sec. 3819.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
City of Houston under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Houston under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of Houston
under Chapter 2303, Government Code. (Acts 78th Leg., R.S., Ch.
784, Sec. 31.)
Sec. 3819.007. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 784, Sec.
7(a).)
Sec. 3819.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 784, Sec. 8.)
[Sections 3819.009-3819.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3819.051. COMPOSITION; TERMS. (a) Except as provided
by Subsection (c), the district is governed by a board of five
voting directors appointed under Section 3819.052 and five
nonvoting directors as provided by Section 3819.053.
(b) Voting directors serve staggered terms of four years,
with two or three directors' terms expiring June 1 of each
odd-numbered year.
(c) The board by resolution may increase or decrease the
number of directors on the board if the board finds it is in the best
interest of the district. The board may not consist of fewer than 5
or more than 15 directors. (Acts 78th Leg., R.S., Ch. 784, Sec. 9.)
Sec. 3819.052. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
voting directors from persons recommended by the board. A person is
appointed if a majority of the directors and the mayor vote to
appoint that person. (Acts 78th Leg., R.S., Ch. 784, Sec. 10.)
Sec. 3819.053. NONVOTING DIRECTORS. (a) The following
persons shall serve as nonvoting directors:
(1) the directors of the following departments of the
City of Houston or a person designated by that director:
(A) parks and recreation;
(B) planning and development;
(C) public works; and
(D) civic center; and
(2) the City of Houston's chief of police.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
(c) Nonvoting directors are not counted for the purposes of
establishing a quorum of the board. (Acts 78th Leg., R.S., Ch. 784,
Sec. 11.)
Sec. 3819.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 784, Sec. 12.)
Sec. 3819.055. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 Stephen Pohl
2 C. Glen Crocker
3 Gene Satern
4 Willard Tredway
5 Connie Simmons
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2005, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2007.
(c) Section 3819.052 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 784, Sec. 28.)
[Sections 3819.056-3819.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3819.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district; and
(3) a municipality under Chapter 380, Local Government
Code. (Acts 78th Leg., R.S., Ch. 784, Secs. 13, 32 (part).)
Sec. 3819.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 784, Sec. 16.)
Sec. 3819.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 784, Sec. 14.)
Sec. 3819.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Harris County or
the City of Houston to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 784, Sec. 15.)
Sec. 3819.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000. (Acts 78th Leg., R.S., Ch. 784,
Sec. 26.)
Sec. 3819.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. (a)
The district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986, as amended; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
(b) An expenditure of public money for membership in the
organization is considered to further a district purpose and to be
for a public purpose. (Acts 78th Leg., R.S., Ch. 784, Sec. 30.)
Sec. 3819.107. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services. (Acts
78th Leg., R.S., Ch. 784, Sec. 32 (part).)
Sec. 3819.108. MUNICIPAL APPROVAL. (a) Except as provided
by Subsection (b), the district must obtain approval from the
governing body of the City of Houston for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement
project financed by the bonds; and
(3) the plans and specifications of a district
improvement project related to:
(A) the use of land owned by the City of Houston;
(B) an easement granted by the City of Houston;
or
(C) a right-of-way of a street, road, or highway.
(b) If the district obtains approval from the governing body
of the City of Houston for a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the City of Houston. (Acts 78th Leg.,
R.S., Ch. 784, Sec. 23.)
[Sections 3819.109-3819.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3819.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 784,
Sec. 25.)
Sec. 3819.152. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 784, Sec. 18.)
Sec. 3819.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3819.152,
the district may impose an annual ad valorem tax on taxable property
in the district for the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 784, Sec. 19.)
Sec. 3819.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments. (Acts 78th Leg.,
R.S., Ch. 784, Sec. 20.)
Sec. 3819.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Harris County; or
(2) at least 25 owners of real property in the
district, if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for
Harris County. (Acts 78th Leg., R.S., Ch. 784, Sec. 17.)
Sec. 3819.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 784, Sec. 21 (part).)
Sec. 3819.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 784, Sec. 22.)
Sec. 3819.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district. (Acts 78th Leg., R.S., Ch.
784, Sec. 24.)
Sec. 3819.159. TAX AND ASSESSMENT ABATEMENTS. Without
further authorization or other procedural requirement, the
district may grant, consistent with Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district. (Acts 78th
Leg., R.S., Ch. 784, Sec. 29.)
[Sections 3819.160-3819.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3819.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 784, Sec. 27.)
CHAPTER 3820. BUFFALO BAYOU MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3820.001. DEFINITIONS
Sec. 3820.002. BUFFALO BAYOU MANAGEMENT DISTRICT
Sec. 3820.003. PURPOSE; DECLARATION OF INTENT
Sec. 3820.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3820.005. DISTRICT TERRITORY
Sec. 3820.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES
Sec. 3820.007. APPLICABILITY OF OTHER LAW
Sec. 3820.008. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3820.009-3820.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3820.051. COMPOSITION; TERMS
Sec. 3820.052. APPOINTMENT OF DIRECTORS
Sec. 3820.053. NONVOTING DIRECTORS
Sec. 3820.054. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3820.055. INITIAL DIRECTORS
[Sections 3820.056-3820.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3820.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3820.102. NONPROFIT CORPORATION
Sec. 3820.103. AGREEMENTS; GRANTS
Sec. 3820.104. LAW ENFORCEMENT SERVICES
Sec. 3820.105. COMPETITIVE BIDDING
Sec. 3820.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS
Sec. 3820.107. ECONOMIC DEVELOPMENT PROGRAMS
[Sections 3820.108-3820.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3820.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3820.152. TAX AND BOND ELECTIONS
Sec. 3820.153. MAINTENANCE AND OPERATION TAX
Sec. 3820.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3820.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3820.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3820.157. BONDS AND OTHER OBLIGATIONS
Sec. 3820.158. MUNICIPALITY NOT REQUIRED TO PAY
DISTRICT OBLIGATIONS
Sec. 3820.159. TAX AND ASSESSMENT ABATEMENTS
[Sections 3820.160-3820.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3820.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3820. BUFFALO BAYOU MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3820.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Buffalo Bayou Management
District. (Acts 78th Leg., R.S., Ch. 997, Sec. 2.)
Sec. 3820.002. BUFFALO BAYOU MANAGEMENT DISTRICT. The
Buffalo Bayou Management District is a special district created
under Section 59, Article XVI, Texas Constitution. (Acts 78th
Leg., R.S., Ch. 997, Sec. 1(a).)
Sec. 3820.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided as of June 20, 2003, to the
area in the district. The district is created to supplement and not
to supplant the county or city services provided in the area in the
district. (Acts 78th Leg., R.S., Ch. 997, Sec. 3.)
Sec. 3820.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 997, Sec. 6.)
Sec. 3820.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 997, Acts
of the 78th Legislature, Regular Session, 2003, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 997, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
997, Sec. 5; New.)
Sec. 3820.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
City of Houston under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Houston under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of Houston
under Chapter 2303, Government Code. (Acts 78th Leg., R.S., Ch.
997, Sec. 29.)
Sec. 3820.007. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 997, Sec.
7(a).)
Sec. 3820.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 997, Sec. 8.)
[Sections 3820.009-3820.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3820.051. COMPOSITION; TERMS. (a) Except as provided
by Subsection (c), the district is governed by a board of 31 voting
directors appointed under Section 3820.052 and nonvoting directors
as provided by Section 3820.053.
(b) Voting directors serve staggered terms of four years,
with 15 or 16 directors' terms expiring June 1 of each odd-numbered
year.
(c) The board by resolution may decrease the number of
directors on the board if the board finds it is in the best interest
of the district. The board may not consist of fewer than five
directors. (Acts 78th Leg., R.S., Ch. 997, Sec. 9.)
Sec. 3820.052. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
voting directors. A person is appointed if a majority of the
members of the governing body, including the mayor, vote to appoint
that person. (Acts 78th Leg., R.S., Ch. 997, Sec. 10.)
Sec. 3820.053. NONVOTING DIRECTORS. (a) The following
persons shall serve as nonvoting directors:
(1) the directors of the following departments of the
City of Houston or a person designated by that director:
(A) parks and recreation;
(B) planning and development;
(C) public works; and
(D) civic center; and
(2) the City of Houston's chief of police.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
(c) Nonvoting directors are not counted for the purposes of
establishing a quorum of the board. (Acts 78th Leg., R.S., Ch. 997,
Sec. 11.)
Sec. 3820.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a voting director may participate in all board
votes and decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for voting directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 997, Sec. 12.)
Sec. 3820.055. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 Kay Crooker
2 Mike Garver
3 Jackie Martin
4 Mark Lee
5 John Chase, Jr.
6 Adrian Collins
7 Max Schuette
8 June Deadrick
9 Don Cutrer
10 Raju Adwaney
11 Mike Mark
12 Sia Ravari
13 Cherry Walker
14 John Hansen
15 John Dao
16 William Taylor
17 Karen Domino
18 Kevin Hoffman
19 Jeff Andrews
20 William Paul Thomas
21 Theola Petteway
22 Keith Wade
23 Chryisse Wilson
24 Sadie Rucker
25 Julie McClure
26 Angie Gomez
27 Tom Fricke
28 James Robert McDermaid
29 Kathy Hubbard
30 Marsha Johnson
31 Craig Jackson
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 15 expire June 1, 2005, and the
terms of directors appointed for positions 16 through 31 expire
June 1, 2007.
(c) Section 3820.052 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 997, Sec. 31.)
[Sections 3820.056-3820.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3820.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district; and
(3) a municipality under Chapter 380, Local Government
Code. (Acts 78th Leg., R.S., Ch. 997, Secs. 13, 30 (part).)
Sec. 3820.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 997, Sec. 16.)
Sec. 3820.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 997, Sec. 14.)
Sec. 3820.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Harris County or
the City of Houston to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 997, Sec. 15.)
Sec. 3820.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $15,000. (Acts 78th Leg., R.S., Ch. 997,
Sec. 25.)
Sec. 3820.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986, as amended; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose. (Acts 78th
Leg., R.S., Ch. 997, Sec. 28.)
Sec. 3820.107. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services. (Acts
78th Leg., R.S., Ch. 997, Sec. 30 (part).)
[Sections 3820.108-3820.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3820.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 997,
Sec. 24.)
Sec. 3820.152. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may not submit multiple purposes in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 997, Sec. 18.)
Sec. 3820.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3820.152,
the district may impose an annual ad valorem tax on taxable property
in the district for the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 997, Sec. 19.)
Sec. 3820.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments. (Acts 78th Leg.,
R.S., Ch. 997, Sec. 20.)
Sec. 3820.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for Harris County. (Acts 78th Leg., R.S., Ch. 997, Sec. 17.)
Sec. 3820.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended. (Acts 78th Leg., R.S., Ch. 997, Sec. 21.)
Sec. 3820.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 997, Sec. 22.)
Sec. 3820.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the City of Houston is not required to pay a bond,
note, or other obligation of the district. (Acts 78th Leg., R.S.,
Ch. 997, Sec. 23.)
Sec. 3820.159. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district. (Acts 78th
Leg., R.S., Ch. 997, Sec. 27.)
[Sections 3820.160-3820.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3820.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 997, Sec. 26.)
CHAPTER 3821. DOWNTOWN MIDLAND MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3821.001. DEFINITIONS
Sec. 3821.002. DOWNTOWN MIDLAND MANAGEMENT DISTRICT
Sec. 3821.003. PURPOSE; DECLARATION OF INTENT
Sec. 3821.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3821.005. DISTRICT TERRITORY
Sec. 3821.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES
Sec. 3821.007. APPLICABILITY OF OTHER LAW
Sec. 3821.008. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3821.009-3821.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3821.051. COMPOSITION; TERMS
Sec. 3821.052. APPOINTMENT OF DIRECTORS
Sec. 3821.053. NONVOTING DIRECTORS
Sec. 3821.054. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3821.055. INITIAL DIRECTORS
[Sections 3821.056-3821.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3821.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3821.102. NONPROFIT CORPORATION
Sec. 3821.103. AGREEMENTS; GRANTS
Sec. 3821.104. LAW ENFORCEMENT SERVICES
Sec. 3821.105. COMPETITIVE BIDDING
Sec. 3821.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS
Sec. 3821.107. ECONOMIC DEVELOPMENT PROGRAMS
Sec. 3821.108. ANNEXATION
[Sections 3821.109-3821.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3821.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3821.152. TAX AND BOND ELECTIONS
Sec. 3821.153. MAINTENANCE AND OPERATION TAX
Sec. 3821.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3821.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3821.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3821.157. BONDS AND OTHER OBLIGATIONS
Sec. 3821.158. MUNICIPALITY NOT REQUIRED TO PAY
DISTRICT OBLIGATIONS
Sec. 3821.159. TAX AND ASSESSMENT ABATEMENTS
[Sections 3821.160-3821.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3821.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3821. DOWNTOWN MIDLAND MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3821.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Downtown Midland Management
District. (Acts 78th Leg., R.S., Ch. 1160, Sec. 2.)
Sec. 3821.002. DOWNTOWN MIDLAND MANAGEMENT DISTRICT. The
Downtown Midland Management District is a special district created
under Section 59, Article XVI, Texas Constitution. (Acts 78th
Leg., R.S., Ch. 1160, Sec. 1(a).)
Sec. 3821.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Midland, Midland County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Midland County or the City of Midland from
providing the level of services provided, as of June 20, 2003, to
the area in the district. The district is created to supplement and
not to supplant the county or city services provided in the area in
the district. (Acts 78th Leg., R.S., Ch. 1160, Sec. 3.)
Sec. 3821.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 1160, Sec. 6.)
Sec. 3821.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 1160,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Section 3821.108 or its predecessor statute,
former Section 27, Chapter 1160, Acts of the 78th Legislature,
Regular Session, 2003;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 1160, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
1160, Sec. 5; New.)
Sec. 3821.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
City of Midland under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Midland under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of Midland
under Chapter 2303, Government Code. (Acts 78th Leg., R.S., Ch.
1160, Sec. 30.)
Sec. 3821.007. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 1160,
Sec. 7(a).)
Sec. 3821.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 1160, Sec. 8.)
[Sections 3821.009-3821.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3821.051. COMPOSITION; TERMS. (a) Except as provided
by Subsection (c), the district is governed by a board of nine
voting directors appointed under Section 3821.052 and nonvoting
directors as provided by Section 3821.053.
(b) Voting directors serve staggered terms of four years,
with four or five directors' terms expiring June 1 of each
odd-numbered year.
(c) The board by resolution may increase or decrease the
number of directors on the board if the board finds it is in the best
interest of the district. The board may not consist of fewer than 7
or more than 13 directors. (Acts 78th Leg., R.S., Ch. 1160, Sec.
9.)
Sec. 3821.052. APPOINTMENT OF DIRECTORS. The board shall
nominate a slate of persons to serve on the succeeding board as
voting directors. The members of the governing body of the City of
Midland shall appoint as voting directors the slate of persons
nominated by the board. (Acts 78th Leg., R.S., Ch. 1160, Sec. 10.)
Sec. 3821.053. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting directors:
(1) the directors of the following departments of the
City of Midland or a person designated by that director:
(A) parks and recreation;
(B) planning and zoning; and
(C) public works; and
(2) the city manager of the City of Midland or a person
designated by the city manager.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is abolished,
the board may appoint a representative of another department that
performs duties comparable to those performed by the abolished
department.
(c) Nonvoting directors are not counted for the purposes of
establishing a quorum of the board. (Acts 78th Leg., R.S., Ch.
1160, Sec. 11.)
Sec. 3821.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 1160, Sec. 12.)
Sec. 3821.055. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 W. L. "Scooter"Brown
2 Wes Perry
3 Ted Jones
4 Jon Morgan
5 Gerald Borron
6 Dub House
7 Lois Trombley
8 Mike Black
9 Christi Newton
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 5 expire June 1, 2007, and the
terms of directors appointed for positions 6 through 9 expire June
1, 2005.
(c) Section 3821.052 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 1160, Sec. 32.)
[Sections 3821.056-3821.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3821.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district. (Acts 78th Leg., R.S., Ch.
1160, Sec. 13.)
Sec. 3821.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 1160, Sec. 16.)
Sec. 3821.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 1160, Sec. 14.)
Sec. 3821.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Midland County or
the City of Midland to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 1160, Sec. 15.)
Sec. 3821.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $50,000. (Acts 78th Leg., R.S., Ch. 1160,
Sec. 25.)
Sec. 3821.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986, as amended; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose. (Acts 78th
Leg., R.S., Ch. 1160, Sec. 29.)
Sec. 3821.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) For purposes of this section, the district has all of
the powers of a municipality under Chapter 380, Local Government
Code. (Acts 78th Leg., R.S., Ch. 1160, Sec. 31.)
Sec. 3821.108. ANNEXATION. The district may annex
territory located inside the boundaries of a reinvestment zone
created by the City of Midland under Chapter 311, Tax Code, if the
governing body of the City of Midland consents to the annexation.
(Acts 78th Leg., R.S., Ch. 1160, Sec. 27 (part).)
[Sections 3821.109-3821.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3821.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 1160,
Sec. 24.)
Sec. 3821.152. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 1160, Sec. 18.)
Sec. 3821.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3821.152,
the district may impose an annual ad valorem tax on taxable property
in the district for the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 1160, Sec. 19.)
Sec. 3821.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) The board may not impose an assessment on a parcel of
real property that at the time of the assessment is appraised at
less than $200,000, according to the most recent certified tax
appraisal roll for Midland County, without the written consent of
the owner of the parcel.
(c) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(d) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(e) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments. (Acts 78th Leg.,
R.S., Ch. 1160, Sec. 20.)
Sec. 3821.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that improvement or service has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Midland County; or
(2) at least 25 owners of real property in the
district, if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for
Midland County. (Acts 78th Leg., R.S., Ch. 1160, Sec. 17.)
Sec. 3821.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended; or
(5) a person who provides to the public advanced
telecommunications services. (Acts 78th Leg., R.S., Ch. 1160, Sec.
21.)
Sec. 3821.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 1160, Sec.
22.)
Sec. 3821.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the City of Midland is not required to pay a bond,
note, or other obligation of the district. (Acts 78th Leg., R.S.,
Ch. 1160, Sec. 23.)
Sec. 3821.159. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district. (Acts 78th
Leg., R.S., Ch. 1160, Sec. 28.)
[Sections 3821.160-3821.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3821.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 1160, Sec. 26.)
CHAPTER 3822. FALL CREEK MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3822.001. DEFINITIONS
Sec. 3822.002. FALL CREEK MANAGEMENT DISTRICT
Sec. 3822.003. PURPOSE; DECLARATION OF INTENT
Sec. 3822.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3822.005. DISTRICT TERRITORY
Sec. 3822.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES
Sec. 3822.007. APPLICABILITY OF OTHER LAW
Sec. 3822.008. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3822.009-3822.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3822.051. COMPOSITION; TERMS
Sec. 3822.052. APPOINTMENT OF DIRECTORS
Sec. 3822.053. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3822.054. INITIAL DIRECTORS
[Sections 3822.055-3822.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3822.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3822.102. NONPROFIT CORPORATION
Sec. 3822.103. AGREEMENTS; GRANTS
Sec. 3822.104. LAW ENFORCEMENT SERVICES
Sec. 3822.105. COMPETITIVE BIDDING
Sec. 3822.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS
Sec. 3822.107. ECONOMIC DEVELOPMENT PROGRAMS
Sec. 3822.108. MUNICIPAL APPROVAL
[Sections 3822.109-3822.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3822.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3822.152. TAX AND BOND ELECTIONS
Sec. 3822.153. MAINTENANCE AND OPERATION TAX
Sec. 3822.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3822.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3822.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3822.157. BONDS AND OTHER OBLIGATIONS
Sec. 3822.158. MUNICIPALITY NOT REQUIRED TO PAY
DISTRICT OBLIGATIONS
Sec. 3822.159. TAX AND ASSESSMENT ABATEMENTS
[Sections 3822.160-3822.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3822.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3822. FALL CREEK MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3822.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Fall Creek Management
District. (Acts 78th Leg., R.S., Ch. 1254, Sec. 2.)
Sec. 3822.002. FALL CREEK MANAGEMENT DISTRICT. The Fall
Creek Management District is a special district created under
Section 59, Article XVI, Texas Constitution. (Acts 78th Leg.,
R.S., Ch. 1254, Sec. 1(a).)
Sec. 3822.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided, as of June 20, 2003, to
the area in the district. The district is created to supplement and
not to supplant the county or city services provided in the area in
the district. (Acts 78th Leg., R.S., Ch. 1254, Sec. 3.)
Sec. 3822.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 1254, Sec. 6.)
Sec. 3822.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 1254,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 1254, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
1254, Sec. 5; New.)
Sec. 3822.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
City of Houston under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Houston under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of Houston
under Chapter 2303, Government Code. (Acts 78th Leg., R.S., Ch.
1254, Sec. 30.)
Sec. 3822.007. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 1254,
Sec. 7(a).)
Sec. 3822.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 1254, Sec. 8.)
[Sections 3822.009-3822.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3822.051. COMPOSITION; TERMS. (a) The district is
governed by a board of five directors appointed under Section
3822.052.
(b) Directors serve staggered terms of four years, with two
or three directors' terms expiring June 1 of each odd-numbered
year.
(c) The board by resolution may increase or decrease the
number of directors on the board if the board finds it is in the best
interest of the district. The board may not consist of fewer than 5
or more than 15 directors. (Acts 78th Leg., R.S., Ch. 1254, Sec.
9.)
Sec. 3822.052. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
directors from persons recommended by the board. A person is
appointed if a majority of the directors and the mayor vote to
appoint that person. (Acts 78th Leg., R.S., Ch. 1254, Sec. 10.)
Sec. 3822.053. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 1254, Sec. 11.)
Sec. 3822.054. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 Jeff Anderson
2 John Deutser
3 Randy Jones
4 Jay Morris
5 Ned Piedmont
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2005.
(c) Section 3822.052 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 1254, Sec. 27.)
[Sections 3822.055-3822.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3822.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district; and
(3) a municipality under Chapter 380, Local Government
Code. (Acts 78th Leg., R.S., Ch. 1254, Secs. 12, 31 (part).)
Sec. 3822.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 1254, Sec. 15.)
Sec. 3822.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 1254, Sec. 13.)
Sec. 3822.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Harris County or
the City of Houston to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 1254, Sec. 14.)
Sec. 3822.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000. (Acts 78th Leg., R.S., Ch. 1254,
Sec. 25.)
Sec. 3822.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that enjoys
tax-exempt status under Section 501(c)(3), (4), or (6), Internal
Revenue Code of 1986, as amended, and may perform services or
provide activities consistent with the furtherance of the purposes
of the district. An expenditure of public money for membership in
the organization is considered to further the purposes of the
district and to be for a public purpose. (Acts 78th Leg., R.S., Ch.
1254, Sec. 29.)
Sec. 3822.107. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services. (Acts
78th Leg., R.S., Ch. 1254, Sec. 31 (part).)
Sec. 3822.108. MUNICIPAL APPROVAL. (a) Except as provided
by Subsection (b), the district must obtain approval from the
governing body of the City of Houston for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement
project financed by the bonds; and
(3) the plans and specifications of a district
improvement project related to:
(A) the use of land owned by the City of Houston;
(B) an easement granted by the City of Houston;
or
(C) a right-of-way of a street, road, or highway.
(b) If the district obtains approval from the governing body
of the City of Houston for a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the City of Houston. (Acts 78th Leg.,
R.S., Ch. 1254, Sec. 22.)
[Sections 3822.109-3822.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3822.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 1254,
Sec. 24.)
Sec. 3822.152. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 1254, Sec. 17.)
Sec. 3822.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3822.152,
the district may impose an annual ad valorem tax on taxable property
in the district for the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 1254, Sec. 18.)
Sec. 3822.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments. (Acts 78th Leg.,
R.S., Ch. 1254, Sec. 19.)
Sec. 3822.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Harris County; or
(2) at least 25 owners of real property in the
district, if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for
Harris County. (Acts 78th Leg., R.S., Ch. 1254, Sec. 16.)
Sec. 3822.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 1254, Sec. 20 (part).)
Sec. 3822.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 1254, Sec.
21.)
Sec. 3822.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district. (Acts 78th Leg., R.S., Ch.
1254, Sec. 23.)
Sec. 3822.159. TAX AND ASSESSMENT ABATEMENTS. Without
further authorization or other procedural requirement, the
district may grant, consistent with Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district. (Acts 78th
Leg., R.S., Ch. 1254, Sec. 28.)
[Sections 3822.160-3822.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3822.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 1254, Sec. 26.)
CHAPTER 3823. GREAT SOUTHWEST IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3823.001. DEFINITIONS
Sec. 3823.002. GREAT SOUTHWEST IMPROVEMENT DISTRICT
Sec. 3823.003. DECLARATION OF INTENT
Sec. 3823.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3823.005. DISTRICT TERRITORY
Sec. 3823.006. APPLICABILITY OF OTHER LAW
Sec. 3823.007. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3823.008-3823.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3823.051. COMPOSITION; TERMS
Sec. 3823.052. QUALIFICATIONS
Sec. 3823.053. APPOINTMENT OF DIRECTORS
Sec. 3823.054. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3823.055. INITIAL DIRECTORS
[Sections 3823.056-3823.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3823.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3823.102. NONPROFIT CORPORATION
Sec. 3823.103. AGREEMENTS; GRANTS
Sec. 3823.104. LAW ENFORCEMENT SERVICES
Sec. 3823.105. COMPETITIVE BIDDING
Sec. 3823.106. ELECTRONIC TRANSMISSIONS
[Sections 3823.107-3823.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3823.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3823.152. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3823.153. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3823.154. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3823.155. BONDS AND OTHER OBLIGATIONS
[Sections 3823.156-3823.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3823.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3823. GREAT SOUTHWEST IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3823.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Great Southwest Improvement
District. (Acts 78th Leg., R.S., Ch. 1159, Sec. 2.)
Sec. 3823.002. GREAT SOUTHWEST IMPROVEMENT DISTRICT. The
Great Southwest Improvement District is a special district created
under Section 59, Article XVI, Texas Constitution. (Acts 78th
Leg., R.S., Ch. 1159, Sec. 1(a).)
Sec. 3823.003. DECLARATION OF INTENT. (a) The creation of
the district is essential to accomplish the purposes of Sections 52
and 52-a, Article III, and Section 59, Article XVI, Texas
Constitution, and other public purposes stated in this chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Tarrant County or the City of Arlington from
providing the level of services provided as of June 20, 2003, to the
area in the district. The district is created to supplement and not
to supplant the county or city services provided in the area in the
district. (Acts 78th Leg., R.S., Ch. 1159, Sec. 3.)
Sec. 3823.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 1159, Sec. 6.)
Sec. 3823.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 1159,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 1159, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
1159, Sec. 5; New.)
Sec. 3823.006. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 1159,
Sec. 7(a).)
Sec. 3823.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 1159, Sec. 8.)
[Sections 3823.008-3823.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3823.051. COMPOSITION; TERMS. The district is
governed by a board of nine directors who serve staggered terms of
four years, with four or five directors' terms expiring June 1 of
each odd-numbered year. (Acts 78th Leg., R.S., Ch. 1159, Sec. 9.)
Sec. 3823.052. QUALIFICATIONS. (a) To be qualified to
serve as a director, a person must be at least 18 years old and:
(1) an owner of property subject to assessment by the
district;
(2) an owner of a beneficial interest in a trust that
owns property subject to assessment by the district; or
(3) an agent, employee, or tenant nominated by a
person covered by Subdivision (1) or (2).
(b) Section 375.063, Local Government Code, does not apply
to the board. (Acts 78th Leg., R.S., Ch. 1159, Sec. 10.)
Sec. 3823.053. APPOINTMENT OF DIRECTORS. The governing
body of the City of Arlington shall appoint directors from persons
recommended by the board as provided by Section 375.064, Local
Government Code. (Acts 78th Leg., R.S., Ch. 1159, Sec. 11.)
Sec. 3823.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director appointed under Section 11 may
participate in all board votes and decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 1159, Sec. 12.)
Sec. 3823.055. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 Jeff Williams
2 Jerry Jordan
3 Dirk Taylor
4 Kevin Santaularia
5 Mark Skinner
6 Bennett Carter
7 Knute Klingen
8 Ken McCall
9 Dennis Brown
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 5 expire on June 1, 2005, and the
terms of directors appointed for positions 6 through 9 expire on
June 1, 2007.
(c) Sections 3823.052 and 3823.053 do not apply to this
section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 1159, Sec. 25.)
[Sections 3823.056-3823.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3823.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes); and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district. (Acts 78th Leg., R.S., Ch.
1159, Sec. 14.)
Sec. 3823.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation has each power of and is
considered for purposes of this chapter to be a local government
corporation created under Chapter 431, Transportation Code.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 1159, Sec. 17.)
Sec. 3823.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 1159, Sec. 15.)
Sec. 3823.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Tarrant County or
the City of Arlington to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 1159, Sec. 16.)
Sec. 3823.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000. (Acts 78th Leg., R.S., Ch. 1159,
Sec. 23.)
Sec. 3823.106. ELECTRONIC TRANSMISSIONS. (a) The district
may acquire, operate, or charge fees for the use of the district
conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting
facility.
(b) The district may not require a person to use a district
conduit. (Acts 78th Leg., R.S., Ch. 1159, Sec. 13.)
[Sections 3823.107-3823.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3823.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 1159,
Sec. 22.)
Sec. 3823.152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 78th Leg., R.S., Ch. 1159, Sec. 19.)
Sec. 3823.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project under this chapter unless a written petition
requesting that service or improvement has been filed with the
board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for
Tarrant County; or
(2) at least 50 owners of real property in the district
that will be subject to the assessment, if more than 50 persons own
real property in the district that will be subject to assessment
according to the most recent certified tax appraisal roll for
Tarrant County.
(c) A petition requesting a project financed by bonds must
be signed by the owners of a majority of the assessed value of real
property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for
Tarrant County. (Acts 78th Leg., R.S., Ch. 1159, Secs. 18, 21(c).)
Sec. 3823.154. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 1159, Sec. 20.)
Sec. 3823.155. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from assessments, impact fees, revenue, grants, or other
money of the district, or any combination of those sources of money,
to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation, or other instrument evidencing
a proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 1159, Secs.
21(a), (b).)
[Sections 3823.156-3823.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3823.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 1159, Sec. 24.)
CHAPTER 3824. HARBORSIDE MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3824.001. DEFINITIONS
Sec. 3824.002. HARBORSIDE MANAGEMENT DISTRICT
Sec. 3824.003. PURPOSE; DECLARATION OF INTENT
Sec. 3824.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3824.005. DISTRICT TERRITORY
Sec. 3824.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES
Sec. 3824.007. APPLICABILITY OF OTHER LAW
Sec. 3824.008. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3824.009-3824.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3824.051. COMPOSITION; TERMS
Sec. 3824.052. APPOINTMENT OF DIRECTORS
Sec. 3824.053. NONVOTING DIRECTORS
Sec. 3824.054. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3824.055. INITIAL DIRECTORS
[Sections 3824.056-3824.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3824.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3824.102. NONPROFIT CORPORATION
Sec. 3824.103. AGREEMENTS; GRANTS
Sec. 3824.104. LAW ENFORCEMENT SERVICES
Sec. 3824.105. COMPETITIVE BIDDING
Sec. 3824.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS
Sec. 3824.107. ECONOMIC DEVELOPMENT PROGRAMS
[Sections 3824.108-3824.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3824.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3824.152. TAX AND BOND ELECTIONS
Sec. 3824.153. MAINTENANCE AND OPERATION TAX
Sec. 3824.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3824.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3824.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3824.157. BONDS AND OTHER OBLIGATIONS
Sec. 3824.158. MUNICIPALITY NOT REQUIRED TO PAY
DISTRICT OBLIGATIONS
Sec. 3824.159. TAX AND ASSESSMENT ABATEMENTS
[Sections 3824.160-3824.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3824.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3824. HARBORSIDE MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3824.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Harborside Management
District. (Acts 78th Leg., R.S., Ch. 1255, Sec. 2.)
Sec. 3824.002. HARBORSIDE MANAGEMENT DISTRICT. The
Harborside Management District is a special district created under
Section 59, Article XVI, Texas Constitution. (Acts 78th Leg.,
R.S., Ch. 1255, Sec. 1(a).)
Sec. 3824.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Galveston, Galveston County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Galveston County or the City of Galveston
from providing the level of services provided, as of June 20, 2003,
to the area in the district. The district is created to supplement
and not to supplant the county or city services provided in the area
in the district. (Acts 78th Leg., R.S., Ch. 1255, Sec. 3.)
Sec. 3824.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 1255, Sec. 6.)
Sec. 3824.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 1255,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 1255, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
1255, Sec. 5; New.)
Sec. 3824.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
City of Galveston under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Galveston under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of
Galveston under Chapter 2303, Government Code. (Acts 78th Leg.,
R.S., Ch. 1255, Sec. 30.)
Sec. 3824.007. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 1255,
Sec. 7(a).)
Sec. 3824.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 1255, Sec. 8.)
[Sections 3824.009-3824.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3824.051. COMPOSITION; TERMS. (a) Except as provided
by Subsection (c), the district is governed by a board of five
voting directors appointed under Section 3824.052 and nonvoting
directors as provided by Section 3824.053.
(b) Voting directors serve staggered terms of four years,
with two or three directors' terms expiring June 1 of each
odd-numbered year.
(c) The board by resolution may increase or decrease the
number of directors on the board if the board finds it is in the best
interest of the district. The board may not consist of fewer than 5
or more than 15 directors. (Acts 78th Leg., R.S., Ch. 1255, Sec.
9.)
Sec. 3824.052. APPOINTMENT OF DIRECTORS. The governing
body of the City of Galveston shall appoint voting directors to the
board. (Acts 78th Leg., R.S., Ch. 1255, Sec. 10.)
Sec. 3824.053. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting directors:
(1) the directors of the following departments of the
City of Galveston or a person designated by that director:
(A) parks and recreation;
(B) planning and zoning; and
(C) public works; and
(2) the city manager of the City of Galveston or a
person designated by the city manager.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
(c) Nonvoting directors are not counted for the purposes of
establishing a quorum of the board. (Acts 78th Leg., R.S., Ch.
1255, Sec. 11.)
Sec. 3824.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 1255, Sec. 12.)
Sec. 3824.055. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 John Sullivan
2 Richard Ryan
3 John Kelso
4 Douglas Harris
5 Glenn Forman, Jr.
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2005.
(c) Section 3824.052 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th Leg.,
R.S., Ch. 1255, Sec. 27.)
[Sections 3824.056-3824.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3824.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district;
(3) a municipality under Chapter 380, Local Government
Code;
(4) an entity described in Chapters 284 and 441,
Transportation Code; and
(5) a district governed by Subchapters E and M,
Chapter 60, Water Code, and Section 61.116, Water Code. (Acts 78th
Leg., R.S., Ch. 1255, Secs. 13, 31 (part).)
Sec. 3824.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 1255, Sec. 16.)
Sec. 3824.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 1255, Sec. 14.)
Sec. 3824.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Galveston County or
the City of Galveston to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 1255, Sec. 15.)
Sec. 3824.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $15,000. (Acts 78th Leg., R.S., Ch. 1255,
Sec. 25.)
Sec. 3824.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. (a)
The district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986, as amended; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
(b) An expenditure of public money for membership in the
organization is considered to further a district purpose and to be
for a public purpose. (Acts 78th Leg., R.S., Ch. 1255, Sec. 29.)
Sec. 3824.107. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services. (Acts
78th Leg., R.S., Ch. 1255, Sec. 31 (part).)
[Sections 3824.108-3824.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3824.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 1255,
Sec. 24.)
Sec. 3824.152. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may not include more than one purpose in a
single proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 1255, Sec. 18.)
Sec. 3824.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3824.152,
the district may impose an annual ad valorem tax on taxable property
in the district for the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 1255, Sec. 19.)
Sec. 3824.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments. (Acts 78th Leg.,
R.S., Ch. 1255, Sec. 20.)
Sec. 3824.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for Galveston County. (Acts 78th Leg., R.S., Ch. 1255, Sec.
17.)
Sec. 3824.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 1255, Sec. 21 (part).)
Sec. 3824.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 1255, Sec.
22.)
Sec. 3824.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district. (Acts 78th Leg., R.S., Ch.
1255, Sec. 23.)
Sec. 3824.159. TAX AND ASSESSMENT ABATEMENTS. Without
further authorization or other procedural requirement, the
district may grant, consistent with Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district. (Acts 78th
Leg., R.S., Ch. 1255, Sec. 28.)
[Sections 3824.160-3824.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3824.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 1255, Sec. 26.)
CHAPTER 3825. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3825.001. DEFINITIONS
Sec. 3825.002. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT
NO. 1
Sec. 3825.003. PURPOSE; DECLARATION OF INTENT
Sec. 3825.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3825.005. DISTRICT TERRITORY
Sec. 3825.006. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3825.007-3825.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3825.051. COMPOSITION; TERMS
Sec. 3825.052. QUALIFICATIONS
Sec. 3825.053. ELECTION DATE
Sec. 3825.054. INITIAL DIRECTORS
[Sections 3825.055-3825.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3825.101. POWERS OF DISTRICT
Sec. 3825.102. AGREEMENTS; GRANTS
Sec. 3825.103. LAW ENFORCEMENT SERVICES
[Sections 3825.104-3825.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3825.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES
Sec. 3825.152. ELECTIONS REGARDING TAXES OR BONDS
Sec. 3825.153. MAINTENANCE AND OPERATION TAX
Sec. 3825.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3825.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3825.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3825.157. BONDS AND OTHER OBLIGATIONS
CHAPTER 3825. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3825.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means Harris County Road Improvement
District No. 1. (Acts 78th Leg., R.S., Ch. 885, Sec. 3.)
Sec. 3825.002. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT NO.
1. Harris County Road Improvement District No. 1 is a special
district created under Section 52, Article III, and Section 59,
Article XVI, Texas Constitution. (Acts 78th Leg., R.S., Ch. 885,
Sec. 1(a).)
Sec. 3825.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district. (Acts 78th Leg., R.S., Ch.
885, Sec. 2.)
Sec. 3825.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The present and prospective traffic congestion in the
district and the safety of pedestrians and the limited availability
of funds require the promotion and development of public
transportation and pedestrian facilities and systems, and the
district will serve the public purpose of securing expanded and
improved transportation and pedestrian facilities and systems.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 885, Sec. 6.)
Sec. 3825.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 885, Acts
of the 78th Legislature, Regular Session, 2003, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 885, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
885, Sec. 5; New.)
Sec. 3825.006. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes set forth in this chapter. (Acts 78th Leg.,
R.S., Ch. 885, Sec. 8(a).)
[Sections 3825.007-3825.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3825.051. COMPOSITION; TERMS. The district is
governed by a board of five elected directors. Directors serve
staggered terms of four years. (Acts 78th Leg., R.S., Ch. 885, Sec.
9(a).)
Sec. 3825.052. QUALIFICATIONS. (a) A person must meet the
qualifications of Section 375.063, Local Government Code, to serve
as a district director.
(b) Section 49.052, Water Code, does not apply to district
directors. (Acts 78th Leg., R.S., Ch. 885, Sec. 10.)
Sec. 3825.053. ELECTION DATE. Elections for directors
shall be held on the uniform election date in May in even-numbered
years. (Acts 78th Leg., R.S., Ch. 885, Sec. 9(b).)
Sec. 3825.054. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
David Flickinger
Julie Roberts
Ingelisa Keeling
James Warnica
Kim Osburn
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on June 1, 2006, and the
terms of the last two directors named in Subsection (a) expire on
June 1, 2004.
(c) On the uniform election date in May 2004, the board
shall hold an election for the directors whose terms expire on June
1, 2004. On the uniform election date in May 2006, the board shall
hold an election for the directors whose terms expire on June 1,
2006.
(d) This section expires September 1, 2006. (Acts 78th Leg.,
R.S., Ch. 885, Sec. 19.)
[Sections 3825.055-3825.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3825.101. POWERS OF DISTRICT. The district has all
powers provided by the general laws on road districts and road
utility districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code. (Acts 78th Leg.,
R.S., Ch. 885, Sec. 11.)
Sec. 3825.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 885, Sec. 12.)
Sec. 3825.103. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a municipality or
county to provide law enforcement services in the district for a
fee. (Acts 78th Leg., R.S., Ch. 885, Sec. 13.)
[Sections 3825.104-3825.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3825.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for:
(1) any district purpose, including the payment of
debt or other contractual obligations; or
(2) the payment of maintenance and operating expenses.
(Acts 78th Leg., R.S., Ch. 885, Sec. 14.)
Sec. 3825.152. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters 49
and 54, Water Code, to obtain voter approval before the district
imposes a maintenance tax or issues bonds payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election. (Acts 78th Leg., R.S., Ch. 885, Sec.
15.)
Sec. 3825.153. MAINTENANCE AND OPERATION TAX. (a) The
district may impose an annual ad valorem tax on taxable property in
the district for any district purpose, including to:
(1) maintain and operate the district and the
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 885, Sec. 16.)
Sec. 3825.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 78th Leg., R.S., Ch. 885, Secs. 17(a), (d), (e).)
Sec. 3825.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project through an assessment under this chapter unless
a written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located; or
(2) at least 25 owners of land in the district that
will be subject to the assessment, if more than 25 persons own land
in the district that will be subject to the assessment according to
the most recent certified tax appraisal roll for the county in which
the property is located. (Acts 78th Leg., R.S., Ch. 885, Sec.
17(b).)
Sec. 3825.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment or facilities,
of:
(1) an electric utility as defined by Section 31.002,
Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended. (Acts 78th Leg., R.S., Ch. 885, Sec. 17(c).)
Sec. 3825.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or other type of obligation. (Acts 78th Leg., R.S., Ch. 885, Sec. 18.)
CHAPTER 3826. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3826.001. DEFINITIONS
Sec. 3826.002. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT
NO. 2
Sec. 3826.003. PURPOSE; DECLARATION OF INTENT
Sec. 3826.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3826.005. DISTRICT TERRITORY
Sec. 3826.006. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3826.007-3826.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3826.051. COMPOSITION; TERMS
Sec. 3826.052. QUALIFICATIONS
Sec. 3826.053. ELECTION DATE
Sec. 3826.054. INITIAL DIRECTORS
[Sections 3826.055-3826.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3826.101. POWERS OF DISTRICT
Sec. 3826.102. AGREEMENTS; GRANTS
Sec. 3826.103. LAW ENFORCEMENT SERVICES
[Sections 3826.104-3826.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3826.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES
Sec. 3826.152. ELECTIONS REGARDING TAXES OR BONDS
Sec. 3826.153. MAINTENANCE AND OPERATION TAX
Sec. 3826.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3826.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3826.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3826.157. BONDS AND OTHER OBLIGATIONS
CHAPTER 3826. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3826.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means Harris County Road Improvement
District No. 2. (Acts 78th Leg., R.S., Ch. 1297, Sec. 3.)
Sec. 3826.002. HARRIS COUNTY ROAD IMPROVEMENT DISTRICT NO.
2. Harris County Road Improvement District No. 2 is a special
district created under Section 52, Article III, and Section 59,
Article XVI, Texas Constitution. (Acts 78th Leg., R.S., Ch. 1297,
Sec. 1(a).)
Sec. 3826.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district. (Acts 78th Leg., R.S., Ch.
1297, Sec. 2.)
Sec. 3826.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The present and prospective traffic congestion in the
district and the safety of pedestrians and the limited availability
of funds require the promotion and development of public
transportation and pedestrian facilities and systems, and the
district will serve the public purpose of securing expanded and
improved transportation and pedestrian facilities and systems.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 1297, Sec. 6.)
Sec. 3826.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 1297,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 1297, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
1297, Sec. 5; New.)
Sec. 3826.006. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes set forth in this chapter. (Acts 78th Leg.,
R.S., Ch. 1297, Sec. 8(a).)
[Sections 3826.007-3826.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3826.051. COMPOSITION; TERMS. The district is
governed by a board of five elected directors. Directors serve
staggered terms of four years. (Acts 78th Leg., R.S., Ch. 1297,
Sec. 9(a).)
Sec. 3826.052. QUALIFICATIONS. (a) A person must meet the
qualifications of Section 375.063, Local Government Code, to serve
as a district director.
(b) Section 49.052, Water Code, does not apply to district
directors. (Acts 78th Leg., R.S., Ch. 1297, Sec. 10.)
Sec. 3826.053. ELECTION DATE. Elections for directors
shall be held on the uniform election date in May in even-numbered
years. (Acts 78th Leg., R.S., Ch. 1297, Sec. 9(b).)
Sec. 3826.054. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Mike Magness
Andi Artze
Brian Crum
Ashlyn Tankersley
Adam Kramer
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on June 1, 2006, and the
terms of the last two directors named in Subsection (a) expire on
June 1, 2004.
(c) On the uniform election date in May 2004, the board
shall hold an election for the directors whose terms expire on June
1, 2004. On the uniform election date in May 2006, the board shall
hold an election for the directors whose terms expire on June 1,
2006.
(d) This section expires September 1, 2006. (Acts 78th
Leg., R.S., Ch. 1297, Sec. 19.)
[Sections 3826.055-3826.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3826.101. POWERS OF DISTRICT. The district has all
powers provided by the general laws on road districts and road
utility districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code. (Acts 78th Leg.,
R.S., Ch. 1297, Sec. 11.)
Sec. 3826.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 1297, Sec. 12.)
Sec. 3826.103. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a municipality or
county to provide law enforcement services in the district for a
fee. (Acts 78th Leg., R.S., Ch. 1297, Sec. 13.)
[Sections 3826.104-3826.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3826.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for:
(1) any district purpose, including the payment of
debt or other contractual obligations; or
(2) the payment of maintenance and operating expenses.
(Acts 78th Leg., R.S., Ch. 1297, Sec. 14 (part).)
Sec. 3826.152. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters 49
and 54, Water Code, to obtain voter approval before the district
imposes a maintenance tax or issues bonds payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election. (Acts 78th Leg., R.S., Ch. 1297, Sec.
15.)
Sec. 3826.153. MAINTENANCE AND OPERATION TAX. (a) The
district may impose an annual ad valorem tax on taxable property in
the district for any district purpose, including to:
(1) maintain and operate the district and the
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 1297, Sec. 16.)
Sec. 3826.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 78th Leg., R.S., Ch. 1297, Secs. 17(a), (c), (d).)
Sec. 3826.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project through an assessment under this chapter unless
a written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located; or
(2) at least 25 owners of land in the district that
will be subject to the assessment, if more than 25 persons own land
in the district that will be subject to the assessment according to
the most recent certified tax appraisal roll for the county in which
the property is located. (Acts 78th Leg., R.S., Ch. 1297, Sec.
17(b).)
Sec. 3826.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended. (Acts 78th Leg., R.S., Ch. 1297, Sec. 14 (part).)
Sec. 3826.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 1297, Sec. 18.)
CHAPTER 3827. KATY TOWNE CENTRE DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3827.001. DEFINITIONS
Sec. 3827.002. KATY TOWNE CENTRE DEVELOPMENT DISTRICT
Sec. 3827.003. PURPOSE; DECLARATION OF INTENT
Sec. 3827.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3827.005. FINDINGS RELATED TO REDEVELOPMENT
Sec. 3827.006. DISTRICT TERRITORY
Sec. 3827.007. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3827.008-3827.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3827.051. COMPOSITION; TERMS
Sec. 3827.052. APPOINTMENT OF DIRECTORS
Sec. 3827.053. VACANCIES
Sec. 3827.054. INITIAL DIRECTORS
[Sections 3827.055-3827.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3827.101. POWERS OF DISTRICT
Sec. 3827.102. AGREEMENTS; GRANTS
Sec. 3827.103. LAW ENFORCEMENT SERVICES
Sec. 3827.104. USE AND ALTERATION OF PUBLIC WAYS
[Sections 3827.105-3827.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3827.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES
Sec. 3827.152. TAX AND BOND ELECTIONS
Sec. 3827.153. MAINTENANCE AND OPERATION TAX
Sec. 3827.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3827.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3827.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3827.157. TAX INCREMENT REINVESTMENT ZONE;
POWERS; ELIGIBILITY
Sec. 3827.158. BONDS AND OTHER OBLIGATIONS
CHAPTER 3827. KATY TOWNE CENTRE DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3827.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means Katy Towne Centre Development
District. (Acts 78th Leg., R.S., Ch. 765, Sec. 3.)
Sec. 3827.002. KATY TOWNE CENTRE DEVELOPMENT DISTRICT.
Katy Towne Centre Development District is a special district
created under Section 52, Article III, Section 1-g, Article VIII,
and Section 59, Article XVI, Texas Constitution. (Acts 78th Leg.,
R.S., Ch. 765, Sec. 1(a).)
Sec. 3827.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, Section 1-g, Article VIII, and
Section 59, Article XVI, Texas Constitution, and other public
purposes stated in this chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district. (Acts 78th Leg., R.S., Ch.
765, Sec. 2.)
Sec. 3827.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 765, Sec. 6.)
Sec. 3827.005. FINDINGS RELATED TO REDEVELOPMENT. The
legislature finds that development or redevelopment in the area in
the district would not occur solely through private investment in
the reasonably foreseeable future and that the area in the
district:
(1) is unproductive, underdeveloped, or blighted;
(2) substantially arrests and impairs the sound growth
of the city of Katy because of:
(A) obsolete platting;
(B) deterioration of structures or site
improvements; or
(C) other factors;
(3) retards the provision of housing accommodations;
(4) is an economic and social liability;
(5) is a menace to the public health, safety, morals,
and welfare in its present condition and use; and
(6) is predominantly open. (Acts 78th Leg., R.S., Ch.
765, Sec. 7.)
Sec. 3827.006. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 765, Acts
of the 78th Legislature, Regular Session, 2003, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 765, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
765, Sec. 5; New.)
Sec. 3827.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes set forth in this chapter. (Acts 78th Leg.,
R.S., Ch. 765, Sec. 10(a).)
[Sections 3827.008-3827.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3827.051. COMPOSITION; TERMS. The district is
governed by a board of five directors. Directors serve staggered
terms of four years. (Acts 78th Leg., R.S., Ch. 765, Sec. 11.)
Sec. 3827.052. APPOINTMENT OF DIRECTORS. (a) The
governing body of the City of Katy shall appoint directors to the
board.
(b) Section 375.063, Local Government Code, and Section
49.052, Water Code, do not apply to district directors. (Acts 78th
Leg., R.S., Ch. 765, Sec. 12.)
Sec. 3827.053. VACANCIES. A vacancy on the board shall be
filled by the remaining directors. (Acts 78th Leg., R.S., Ch. 765,
Sec. 13.)
Sec. 3827.054. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Name of Director
Ricky Burch
Ed Weisner
George Parker
Bruce Skates
Malcolm Beckendorff
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on June 1, 2006, and the
terms of the last two directors named in Subsection (a) expire on
June 1, 2004.
(c) This section expires September 1, 2006. (Acts 78th
Leg., R.S., Ch. 765, Sec. 25.)
[Sections 3827.055-3827.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3827.101. POWERS OF DISTRICT. The district has all
powers provided by the general laws on road districts and road
utility districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code. (Acts 78th Leg.,
R.S., Ch. 765, Sec. 14.)
Sec. 3827.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 765, Sec. 15.)
Sec. 3827.103. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a municipality or
county to provide law enforcement services in the district for a
fee. (Acts 78th Leg., R.S., Ch. 765, Sec. 16.)
Sec. 3827.104. USE AND ALTERATION OF PUBLIC WAYS. Section
375.093(c), Local Government Code, applies to the district. (Acts
78th Leg., R.S., Ch. 765, Sec. 22.)
[Sections 3827.105-3827.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3827.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for:
(1) any district purpose, including the payment of
debt or other contractual obligations; or
(2) the payment of maintenance and operating expenses.
(Acts 78th Leg., R.S., Ch. 765, Sec. 17.)
Sec. 3827.152. TAX AND BOND ELECTIONS. (a) The district
must hold an election in the manner provided by Chapters 49 and 54,
Water Code, to obtain voter approval before the district imposes a
maintenance tax or issues bonds payable from ad valorem taxes.
(b) The board may not include more than one purpose in a
single proposition at an election. (Acts 78th Leg., R.S., Ch. 765,
Sec. 18.)
Sec. 3827.153. MAINTENANCE AND OPERATION TAX. (a) The
district may impose an annual ad valorem tax on taxable property in
the district for any district purpose, including to:
(1) maintain and operate the district, including
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 765, Sec. 19.)
Sec. 3827.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 78th Leg., R.S., Ch. 765, Secs. 20(a), (c), (d).)
Sec. 3827.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project through an assessment under this chapter unless
a written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located; or
(2) at least 25 owners of real property in the district
that will be subject to the assessment, if more than 25 persons own
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located. (Acts 78th Leg., R.S., Ch.
765, Sec. 20(b).)
Sec. 3827.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 765, Sec. 21.)
Sec. 3827.157. TAX INCREMENT REINVESTMENT ZONE; POWERS;
ELIGIBILITY. (a) Without further authorization or procedural
requirement, the district is a tax increment reinvestment zone
under Chapter 311, Tax Code.
(b) The district has all powers provided under Chapter 311,
Tax Code.
(c) The district and an overlapping taxing unit may enter
into an interlocal agreement for the payment of all or a portion of
the tax increment of the unit to the district.
(d) The base year value of the district, for tax increment
financing purposes, is the value as of January 1, 2003, of all
taxable real property in the district as shown on the certified tax
rolls of the central appraisal district.
(e) All or any part of the area of the district is eligible
to be included in a tax increment reinvestment zone created by the
City of Katy under Chapter 311, Tax Code. (Acts 78th Leg., R.S.,
Ch. 765, Secs. 8, 23.)
Sec. 3827.158. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or other type of obligation. (Acts 78th Leg., R.S., Ch. 765, Sec. 24.)
CHAPTER 3828. LAKE VIEW MANAGEMENT AND DEVELOPMENT DISTRICT
IN HENDERSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3828.001. DEFINITIONS
Sec. 3828.002. CREATION AND NATURE OF DISTRICT
Sec. 3828.003. PURPOSE; LEGISLATIVE FINDINGS
Sec. 3828.004. DISTRICT TERRITORY
Sec. 3828.005. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3828.006-3828.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3828.051. COMPOSITION; TERMS
Sec. 3828.052. ELIGIBILITY
Sec. 3828.053. VACANCY
Sec. 3828.054. DIRECTOR'S BOND; OATH OR AFFIRMATION
Sec. 3828.055. OFFICERS
Sec. 3828.056. COMPENSATION
Sec. 3828.057. INITIAL DIRECTORS
Sec. 3828.058. DISTRICT CONFIRMATION ELECTION
[Sections 3828.059-3828.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3828.101. GENERAL POWERS AND DUTIES
Sec. 3828.102. IMPROVEMENT PROJECTS
Sec. 3828.103. GENERAL POWERS REGARDING CONTRACTS
Sec. 3828.104. RULES
Sec. 3828.105. ADDITION OR REMOVAL OF TERRITORY
Sec. 3828.106. EMINENT DOMAIN
Sec. 3828.107. NONPROFIT CORPORATION
Sec. 3828.108. ECONOMIC DEVELOPMENT
Sec. 3828.109. TERMS OF EMPLOYMENT; COMPENSATION
Sec. 3828.110. USE OF ROADWAY, PARK, OR OTHER PUBLIC
AREA OF THE DISTRICT
Sec. 3828.111. ZONING BY COUNTY
[Sections 3828.112-3828.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL
MATTERS
Sec. 3828.152. IMPACT FEES AND ASSESSMENTS; EXEMPTION
Sec. 3828.153. MAINTENANCE AND OPERATION TAX; ELECTION
Sec. 3828.154. USE OF SURPLUS MAINTENANCE AND
OPERATION MONEY
Sec. 3828.155. BONDS AND OTHER OBLIGATIONS
Sec. 3828.156. TAXES FOR BONDS AND OTHER OBLIGATIONS
Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
PROVISIONS
Sec. 3828.158. HOTEL OCCUPANCY TAX
Sec. 3828.159. USE OF HOTEL OCCUPANCY TAX
[Sections 3828.160-3828.200 reserved for expansion]
SUBCHAPTER E. SALES AND USE TAX
Sec. 3828.201. MEANINGS OF WORDS AND PHRASES
Sec. 3828.202. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS
Sec. 3828.203. AUTHORIZATION; ELECTION
Sec. 3828.204. EFFECTIVE DATE OF TAX
Sec. 3828.205. SALES AND USE TAX RATE
Sec. 3828.206. EFFECT OF ANNEXATION OR EXCLUSION OF
TERRITORY
Sec. 3828.207. EXAMINATION AND RECEIPT OF INFORMATION
[Sections 3828.208-3828.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION OF DISTRICT
Sec. 3828.251. DISSOLUTION
CHAPTER 3828. LAKE VIEW MANAGEMENT AND DEVELOPMENT DISTRICT
IN HENDERSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3828.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Lake View Management and
Development District.
(4) "Improvement project" means a program or project
authorized by Section 3828.102, inside or outside the boundaries of
the district. (Acts 78th Leg., R.S., Ch. 1292, Sec. 2.)
Sec. 3828.002. CREATION AND NATURE OF DISTRICT. (a) The
Lake View Management and Development District is a special district
created under Section 59, Article XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
The board shall give written notice of the change to the commission.
(c) The district is a governmental unit for the purposes of
Chapter 101, Civil Practice and Remedies Code, and operations of
the district are considered to be essential governmental functions
and not proprietary functions for all purposes, including the
application of that chapter. (Acts 78th Leg., R.S., Ch. 1292, Sec.
1.)
Sec. 3828.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) All land and other property included in the district
will benefit from the improvement projects and services to be
accomplished by the district under powers conferred by Sections 52
and 52-a, Article III, and Section 59, Article XVI, Texas
Constitution, and other powers granted under this chapter.
(c) The creation of the district:
(1) is essential to the conservation and beneficial
use of the water, land, including soil, and other natural resources
in or adjacent to the district;
(2) is essential to further the public purposes of:
(A) economic development and diversification of
the state;
(B) elimination of unemployment and
underemployment; and
(C) stimulation and development of
transportation and commerce;
(3) will promote the health, safety, and general
welfare of residents, employers, employees, and consumers in the
district and in Henderson County and of the public; and
(4) is in the public interest.
(d) The district's operations and the district's
improvement projects will enable the district to preserve,
maintain, and enhance the economic health and vitality of the area
in the district as a community, residential, recreational,
business, and commerce center.
(e) The district will promote the health, safety, welfare,
education, convenience, and enjoyment of the public by:
(1) improving, landscaping, and developing certain
areas in and adjacent to the district; and
(2) providing public services and facilities in and
adjacent to the district that are necessary for the restoration,
preservation, enhancement, and enjoyment of scenic beauty. (Acts
78th Leg., R.S., Ch. 1292, Sec. 5.)
Sec. 3828.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 1292,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Section 3828.105 or its predecessor statute,
former Section 18, Chapter 1292, Acts of the 78th Legislature,
Regular Session, 2003; or
(2) other law.
(b) The boundaries of the district form a closure. A
mistake in the name or spelling of a party to a deed or to the page
or volume where filed in the deed records of Henderson County, or in
the name of a survey or abstract, does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to enter into any type of
contract for the purposes for which the district is created;
(3) the district's right to impose, assess, or collect
taxes, fees, or charges; or
(4) the operation of the board or the district. (Acts
78th Leg., R.S., Ch. 1292, Sec. 4; New.)
Sec. 3828.005. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 1292, Sec. 6(a).)
[Sections 3828.006-3828.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3828.051. COMPOSITION; TERMS. (a) The district is
governed by a board of five directors who serve staggered terms of
four years.
(b) The board shall hold an election on the uniform election
day in February of each even-numbered year to elect the appropriate
number of directors.
(c) The board shall hold the first election under this
section in 2010. This subsection expires September 1, 2012. (Acts
78th Leg., R.S., Ch. 1292, Secs. 8(a) (part), (d) (part).)
Sec. 3828.052. ELIGIBILITY. To be qualified to serve as a
director, a person must be at least 18 years of age and:
(1) reside in the district;
(2) own real property in the district;
(3) own at least 10 percent of the outstanding
interest of a corporation or general or limited partnership that
owns real property in the district; or
(4) be an agent, employee, officer, or director of a
corporation, limited liability company, or partnership that owns
real property in the district. (Acts 78th Leg., R.S., Ch. 1292,
Sec. 8(e) (part).)
Sec. 3828.053. VACANCY. The remaining directors shall fill
a vacancy on the board by appointing a person who meets the
qualifications prescribed by Section 3828.052. (Acts 78th Leg.,
R.S., Ch. 1292, Sec. 9.)
Sec. 3828.054. DIRECTOR'S BOND; OATH OR AFFIRMATION. (a)
As soon as practicable after a director is elected or appointed, the
director shall execute a bond for $10,000 payable to the district
and conditioned on the faithful performance of the director's
duties.
(b) The bond must be approved by the board.
(c) The bond and constitutional oath or affirmation of
office shall be filed with the district and the district shall
retain the bond and oath or affirmation in the district records.
(d) The district shall pay the cost of the bond. (Acts 78th
Leg., R.S., Ch. 1292, Secs. 10(a), (c), (d).)
Sec. 3828.055. OFFICERS. The board shall elect from among
the directors a presiding officer, a vice presiding officer, and a
secretary. (Acts 78th Leg., R.S., Ch. 1292, Sec. 11.)
Sec. 3828.056. COMPENSATION. A director is not entitled to
compensation for service on the board but is entitled to
reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of a director. (Acts
78th Leg., R.S., Ch. 1292, Sec. 12.)
Sec. 3828.057. INITIAL DIRECTORS. (a) The following
directors serve until March 1, 2008:
(1) Position One: Murray Holland
(2) Position Two: Scott Griffith
(3) Position Three: Thomas Corcoran
(4) Position Four: David Jaderlund
(5) Position Five: Robert Whitman
(b) The board shall hold an election to elect all directors
on the uniform election day in February 2008. Persons elected to
Positions One and Two serve terms expiring March 1, 2010. Persons
elected to Positions Three, Four and Five serve terms expiring
March 1, 2012.
(c) The board shall hold an election in 2010 and 2012 in
accordance with Section 3828.051(b) to elect directors to fill the
positions the terms of which expire on March 1 of those years.
(d) Sections 3828.051(a) and 3828.052 do not apply to
initial directors.
(e) This section expires September 1, 2012. (Acts 78th
Leg., R.S., Ch. 1292, Secs. 8(a) (part), (b), (c), (d), (e) (part).)
Sec. 3828.058. DISTRICT CONFIRMATION ELECTION. (a) As
soon as practicable after all initial directors have qualified for
office, the initial directors shall hold an organizational meeting
and call a confirmation election to be held not later than the
second uniform election date occurring after the date of the
organizational meeting.
(b) The confirmation election to confirm the establishment
of the district shall be called and held in the manner provided by
Subchapter D, Chapter 49, Water Code. If a majority of the votes
cast at a confirmation election do not favor the creation of the
district, the board may call subsequent elections, but may not call
another confirmation election sooner than six months after the date
of the previous election.
(c) Before the district is confirmed at an election, the
district may carry on business as the board may determine except
that the district may not borrow money or impose or assess a tax or
an assessment. (Acts 78th Leg., R.S., Ch. 1292, Sec. 14.)
[Sections 3828.059-3828.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties provided by:
(1) the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code, except that
the district's bonds and other securities are not subject to the
jurisdiction or supervision of the commission under Chapter 49,
Water Code, or other law;
(2) the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code;
(3) Chapter 372, Local Government Code, in the same
manner as a municipality or a county;
(4) Chapter 375, Local Government Code; and
(5) Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon's Texas Civil Statutes). (Acts 78th Leg.,
R.S., Ch. 1292, Sec. 7(a).)
Sec. 3828.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the following types of improvement
projects or activities in support of or incidental to those
projects:
(1) a retail or wholesale water treatment, supply, and
distribution facility or system to provide potable and nonpotable
water to the residents and businesses of the district, including a
wastewater and sewerage collection and treatment facility or
system, provided that treated effluent water resulting from a
sewerage treatment facility operated by or in the district may be
used by the district for irrigation in the district;
(2) septic tank maintenance services inside or outside
the district and solid waste disposal services if the board
determines the action to be necessary and appropriate to protect
the district;
(3) a macadamized, graveled, or paved road, street, or
turnpike, inside and outside the district to the extent authorized
by Section 52, Article III, Texas Constitution;
(4) the planning, design, construction, improvement,
and maintenance of:
(A) landscaping;
(B) highway right-of-way or transit corridor
beautification and improvement;
(C) lighting, banners, and signs;
(D) a street or sidewalk;
(E) a hiking and cycling path or trail;
(F) a pedestrian walkway, skywalk, crosswalk, or
tunnel;
(G) a park, lake, garden, recreational facility,
sports facility, open space, scenic area, or related exhibit or
preserve;
(H) a fountain, plaza, or pedestrian mall; or
(I) a drainage or storm-water detention
improvement;
(5) protection and improvement of the quality of storm
water that flows through the district;
(6) the planning, design, construction, improvement,
maintenance, and operation of:
(A) a solid waste, water, sewer, or power
facility or service, including an electrical, gas, steam, or
chilled water facility; or
(B) an off-street parking facility or heliport;
(7) the planning and acquisition of:
(A) public art and sculpture and related exhibits
and facilities; or
(B) an educational and cultural exhibit or
facility;
(8) the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(A) a conference, convention, or exhibition;
(B) a manufacturer, consumer, or trade show;
(C) a civic, community, or institutional event;
or
(D) an exhibit, display, attraction, special
event, or seasonal or cultural celebration or holiday;
(9) the removal, razing, demolition, or clearing of
land or improvements in connection with an improvement project;
(10) the acquisition and improvement of land or other
property for the mitigation of the environmental effects of an
improvement project;
(11) the acquisition of property or an interest in
property in connection with an authorized improvement project;
(12) a special or supplemental service for the
improvement and promotion of the district or an area adjacent to the
district or for the protection of public health and safety in or
adjacent to the district, including:
(A) advertising;
(B) promotion;
(C) tourism;
(D) health and sanitation;
(E) public safety;
(F) security;
(G) fire protection or emergency medical
services;
(H) business recruitment;
(I) development;
(J) elimination of traffic congestion; and
(K) recreational, educational, or cultural
improvements, enhancements, and services; or
(13) any similar public improvement, facility, or
service. (Acts 78th Leg., R.S., Ch. 1292, Sec. 15.)
Sec. 3828.103. GENERAL POWERS REGARDING CONTRACTS. (a)
The district may:
(1) enter into a contract with any person to
accomplish any district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of
costs incurred by that person on behalf of the district, including
all or part of the costs of an improvement project and interest on
the reimbursed cost; or
(B) the use, occupancy, lease, rental,
operation, maintenance, or management of all or part of a proposed
or existing improvement project; and
(2) apply for and contract with any person to receive,
administer, and perform a duty or obligation of the district under a
federal, state, local, or private gift, grant, loan, conveyance,
transfer, bequest, or other financial assistance arrangement
relating to the investigation, planning, analysis, study, design,
acquisition, construction, improvement, completion,
implementation, or operation by the district or others of a
proposed or existing improvement project.
(b) A contract the district enters into to carry out a
purpose of this chapter may be on any terms and for any period the
board determines.
(c) Any person may contract with the district to carry out
the purposes of this chapter without further statutory or other
authorization. (Acts 78th Leg., R.S., Ch. 1292, Secs. 16(a)
(part), (b), (c).)
Sec. 3828.104. RULES. The district may adopt rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's properties and
facilities; or
(3) to provide for public safety and security in the
district. (Acts 78th Leg., R.S., Ch. 1292, Sec. 17.)
Sec. 3828.105. ADDITION OR REMOVAL OF TERRITORY. The board
may add, delete, or exclude territory in the manner provided by
Subchapter J, Chapter 49, Water Code, as limited by Section 54.016,
Water Code, except that:
(1) for purposes of this section, a reference in
Subchapter J, Chapter 49, Water Code, or Section 54.016, Water
Code, to a tax means an ad valorem tax;
(2) Section 54.016, Water Code, and Section 42.042,
Local Government Code, do not apply to the district's annexation of
land restricted primarily to commercial or business use;
(3) land may not be added or annexed to the district
without the consent of the owners of the land; and
(4) land may not be removed or disannexed from the
district at any time during which any bonds or other obligations of
the district that are payable, wholly or partly, from ad valorem
taxes are outstanding. (Acts 78th Leg., R.S., Ch. 1292, Sec. 18.)
Sec. 3828.106. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain inside district boundaries for
any public purpose.
(b) The district may exercise the power of eminent domain
outside district boundaries only to construct, acquire, operate,
repair, or maintain a water supply line or sanitary sewer line.
(c) The district's power of eminent domain must be exercised
in the manner provided by Chapter 21, Property Code. (Acts 78th
Leg., R.S., Ch. 1292, Sec. 19.)
Sec. 3828.107. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the incorporation of a nonprofit
corporation to assist and act for the district in implementing an
improvement project or providing a service authorized by this
chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Subchapter D, Chapter 431, Transportation Code; and
(2) may implement any improvement project and provide
any service authorized by this chapter and approved by the board.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner, for the same term, and
on the same conditions as a board of directors of a local government
corporation created under Subchapter D, Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 1292, Sec. 20.)
Sec. 3828.108. ECONOMIC DEVELOPMENT. The district may
create economic development programs and exercise the economic
development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality with a population of more than 100,000; and
(2) Chapter 1509, Government Code, provides to any
municipality. (Acts 78th Leg., R.S., Ch. 1292, Sec. 21.)
Sec. 3828.109. TERMS OF EMPLOYMENT; COMPENSATION. The
board may employ and establish the terms of employment and
compensation of an executive director or general manager and any
other district employees the board considers necessary. (Acts 78th
Leg., R.S., Ch. 1292, Sec. 22.)
Sec. 3828.110. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OF
THE DISTRICT. (a) The board by rule may regulate the private use
of a public roadway, open space, park, sidewalk, or similar public
area in the district. To the extent the district rules conflict
with a rule, order, or regulation of Henderson County or the Tarrant
Regional Water District, the rule, order, or regulation of the
county or Tarrant Regional Water District controls. A rule may
provide for the safe and orderly use of public roadways, open
spaces, parks, sidewalks, and similar public areas or facilities.
(b) The board may require a permit for a parade,
demonstration, celebration, entertainment event, or similar
nongovernmental activity in or on a public roadway, open space,
park, sidewalk, or similar public area or facility. The board may
charge a fee for the permit application or for public safety or
security services in an amount the board considers necessary.
(c) The board may require a permit or franchise agreement
with a vendor, concessionaire, exhibitor, or similar private or
commercial person or organization for the limited use of the area or
facility on terms and on payment of a permit or franchise fee the
board may impose. (Acts 78th Leg., R.S., Ch. 1292, Sec. 23.)
Sec. 3828.111. ZONING BY COUNTY. (a) If requested by the
district to exercise zoning powers, Henderson County may exercise,
solely in the district boundaries, the zoning powers granted to
counties in Subchapter E, Chapter 231, Local Government Code,
without holding the election required by Section 231.075 of that
code.
(b) If the county exercises zoning powers, the board shall
exercise and perform the powers, duties, and functions of a lake
planning commission under Section 231.077, Local Government Code.
(c) This section does not apply to land or facilities owned
by the Tarrant Regional Water District. (Acts 78th Leg., R.S., Ch.
1292, Sec. 24.)
[Sections 3828.112-3828.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
The district may:
(1) impose an ad valorem tax in accordance with
Chapter 375, Local Government Code, on all taxable property in the
district;
(2) impose an assessment or impact fee in the manner
provided for a municipality or county under Chapter 372, Local
Government Code, on all industrial, commercial, and residential
property in the district;
(3) impose and apply the proceeds from a sales and use
tax, and a hotel occupancy tax, as authorized by this chapter;
(4) impose a rate, fee, or charge for the use of an
improvement project or the consumption of a product resulting from
an improvement project;
(5) borrow money for a district purpose by issuing or
executing bonds, notes, credit agreements, or other obligations of
any kind found by the board to be necessary or appropriate for the
district purpose;
(6) establish, revise, repeal, enforce, collect, and
apply the proceeds from a user fee or charge for the enjoyment,
sale, rental, or other use of a district facility, service,
property, or improvement project;
(7) provide or secure the payment or repayment of the
costs and expenses of the establishment, administration, and
operation of the district and the district's costs or share of the
costs of an improvement project or district contractual obligation
or indebtedness by or through a lease, installment purchase
contract, or other agreement with any person, or the imposition of
taxes, user fees, concessions, rentals, or other revenues or
resources of the district;
(8) establish user charges related to the operation of
various public services, including public water supply services,
for the collection and treatment of wastewater, and for the
operation of storm-water facilities, including the regulation of
storm water for the protection of water quality in the district, and
for the provision of septic tank maintenance services inside and
outside the district;
(9) undertake separately or jointly with other persons
all or part of the cost of an improvement project, including an
improvement project:
(A) for improving, enhancing, and supporting
public safety and security, fire protection and emergency medical
services, and law enforcement in and adjacent to the district; or
(B) that confers a general benefit on the entire
district or a special benefit on a definable part of the district;
and
(10) enter into a tax abatement agreement in
accordance with the general laws of this state authorizing and
applicable to tax abatement agreements by municipalities. (Acts
78th Leg., R.S., Ch. 1292, Sec. 16(a) (part).)
Sec. 3828.152. IMPACT FEES AND ASSESSMENTS;
EXEMPTION. (a) The district may impose an impact fee or
assessment, including an impact fee or assessment on residential
property, only in the manner provided by Chapter 372, Local
Government Code, for a municipality, county, or public improvement
district, according to the benefit received by the property.
(b) An impact fee for residential property must be for the
limited purpose of providing capital funding for:
(1) public water and wastewater facilities;
(2) drainage and storm-water facilities; and
(3) streets and alleys.
(c) The district may not impose an impact fee or assessment
on the property, including equipment and facilities, of a public
utility provider or a cable operator as defined by 47 U.S.C. Section
522, as amended. (Acts 78th Leg., R.S., Ch. 1292, Sec. 25.)
Sec. 3828.153. MAINTENANCE AND OPERATION TAX;
ELECTION. (a) The district may impose a tax for maintenance and
operation purposes, including for funds for:
(1) planning, constructing, acquiring, maintaining,
repairing, and operating all necessary land, plants, works,
facilities, improvements, appliances, and equipment of the
district; and
(2) paying costs of services, engineering and legal
fees, and organization and administrative expenses.
(b) The district may not impose a maintenance and operation
tax unless the tax is approved by a majority of the voters voting at
an election held for that purpose. If the tax is approved, the
board may have the tax assessed and collected in the same manner as
other district ad valorem taxes.
(c) A maintenance and operation tax election may be held at
the same time and in conjunction with any other district election.
The election may be called by a separate election order or as part
of any other election order.
(d) The proposition in a maintenance and operation tax
election may be for a specific maximum rate or for an unlimited
rate. (Acts 78th Leg., R.S., Ch. 1292, Secs. 26(a)-(d).)
Sec. 3828.154. USE OF SURPLUS MAINTENANCE AND OPERATION
MONEY. If the district has surplus maintenance and operation tax
money that is not needed for the purposes for which it was
collected, the money may be used for any authorized purpose. (Acts
78th Leg., R.S., Ch. 1292, Sec. 26(e).)
Sec. 3828.155. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds in the manner provided by Subchapter J,
Chapter 375, Local Government Code, except that Sections 375.207
and 375.208 do not apply to bonds issued under this chapter.
(b) In addition to the sources of money described by
Subchapter J, Chapter 375, Local Government Code, the bonds of the
district may be secured and made payable, wholly or partly, by a
pledge of any part of the net proceeds the district receives from
the sales and use tax and the hotel occupancy tax authorized by this
chapter and from any other district revenues. (Acts 78th Leg.,
R.S., Ch. 1292, Sec. 31.)
Sec. 3828.156. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a)
At the time bonds or other obligations payable wholly or partly from
ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
(b) Bonds or other obligations that are secured by and
payable from ad valorem taxes may not be issued unless the bonds and
the imposition of the taxes are approved by a majority of the voters
in the district voting at an election held for that purpose.
(c) The district shall hold an election required by this
section in the manner provided by Subchapter L, Chapter 375, Local
Government Code. (Acts 78th Leg., R.S., Ch. 1292, Sec. 27.)
Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. Sections 26.04, 26.05, and 26.07, Tax Code, do not
apply to a tax imposed under Section 3828.153 or 3828.156. (Acts
78th Leg., R.S., Ch. 1292, Sec. 26(f).)
Sec. 3828.158. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) For purposes of this section, a reference in Subchapter
A, Chapter 352, Tax Code, to a county is a reference to the district
and a reference in Subchapter A, Chapter 352, Tax Code, to the
county's officers or governing body is a reference to the board.
(c) Except as inconsistent with this section, Subchapter A,
Chapter 352, Tax Code, governs a hotel occupancy tax authorized by
this section, including the collection of the tax, subject to the
limitations prescribed by Sections 352.002(b) and (c), Tax Code.
(d) The board by order may impose, repeal, increase, or
decrease the rate of a tax on a person who, under a lease,
concession, permit, right of access, license, contract, or
agreement, pays for the use or possession or for the right to the
use or possession of a room that:
(1) is in a hotel located in the district's boundaries;
(2) costs $2 or more each day; and
(3) is ordinarily used for sleeping.
(e) The amount of the tax may not exceed seven percent of the
price paid for a room in a hotel.
(f) The district may examine and receive information
related to the imposition of hotel occupancy taxes to the same
extent as if the district were a municipality. (Acts 78th Leg.,
R.S., Ch. 1292, Sec. 29.)
Sec. 3828.159. USE OF HOTEL OCCUPANCY TAX. (a) The
district may use the proceeds from a hotel occupancy tax imposed
under Section 3828.158 for any of the district's purposes and for
the purposes described by Section 352.1015, Tax Code, to the extent
the board considers appropriate.
(b) During each interval of three calendar years following
the date on which a hotel occupancy tax imposed under Section
3828.158 is initially collected, the board may not apply an annual
average of more than 10 percent of the amount of tax collected under
that section, excluding any interest earnings or investment profits
and after a deduction for the costs of imposing and collecting the
taxes, for the administrative expenses of the district or a
district purpose other than:
(1) the costs of advertising and promoting tourism; or
(2) the costs of business development and commerce,
including the costs of planning, designing, constructing,
acquiring, leasing, financing, owning, operating, maintaining,
managing, improving, repairing, rehabilitating, or reconstructing
improvement projects for:
(A) conferences, conventions, and exhibitions;
(B) manufacturer, consumer, or trade shows; and
(C) civic, community, or institutional events.
(c) For purposes of this section, a reference in Subchapter
B, Chapter 352, Tax Code, to a county is a reference to the district
and a reference in Subchapter B, Chapter 352, Tax Code, to the
county's officers or governing body is a reference to the board.
(Acts 78th Leg., R.S., Ch. 1292, Sec. 30.)
[Sections 3828.160-3828.200 reserved for expansion]
SUBCHAPTER E. SALES AND USE TAX
Sec. 3828.201. MEANINGS OF WORDS AND PHRASES. Words and
phrases used in this subchapter that are defined by Chapters 151 and
321, Tax Code, have the meanings assigned by Chapters 151 and 321,
Tax Code. (Acts 78th Leg., R.S., Ch. 1292, Sec. 28(a).)
Sec. 3828.202. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
apply to taxes imposed under this subchapter and to the
administration and enforcement of those taxes in the same manner
that those laws apply to state taxes.
(b) The provisions of Subchapters C, D, E, and F, Chapter
323, Tax Code, relating to county sales and use taxes apply to the
application, collection, and administration of a sales and use tax
imposed under this subchapter to the extent consistent with this
chapter, as if references in Chapter 323, Tax Code, to a county
referred to the district and references to a commissioners court
referred to the board.
(c) Sections 323.401-323.404 and 323.505, Tax Code, do not
apply to a tax imposed under this subchapter. (Acts 78th Leg.,
R.S., Ch. 1292, Secs. 28(b), (d).)
Sec. 3828.203. AUTHORIZATION; ELECTION. (a) The district
may adopt, reduce, or repeal the sales and use tax authorized by
this subchapter at an election in which a majority of the voters of
the district voting in the election approve the adoption,
reduction, or repeal of the tax, as applicable.
(b) The board by order may call an election to adopt,
reduce, or repeal a sales and use tax. The election must be held on
the next available uniform election date that occurs at least 45
days after the date the order calling the election was passed.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Chapter 54,
Water Code, for bond elections for municipal utility districts.
(d) The ballots shall be printed to provide for voting for
or against the following appropriate proposition:
(1) "Adoption of a ___ percent district sales and use
tax within the district";
(2) "Reduction of the district sales and use tax
within the district from ___ percent to ___ percent"; or
(3) "Repeal of the district sales and use tax within
the district." (Acts 78th Leg., R.S., Ch. 1292, Secs. 28(c), (g).)
Sec. 3828.204. EFFECTIVE DATE OF TAX. A tax imposed under
this subchapter or the repeal or reduction of a tax under this
subchapter takes effect on the first day of the calendar quarter
that occurs after the date the comptroller receives the copy of the
resolution as required by Section 323.405(b), Tax Code. (Acts 78th
Leg., R.S., Ch. 1292, Secs. 28(e), (i).)
Sec. 3828.205. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax of two
percent, or the maximum rate at which the combined tax rate of all
local sales and use taxes in any location in the district does not
exceed two percent, on the receipts from the sale at retail of
taxable items within the district, and an excise tax on the use,
storage, or other consumption within the district of taxable items
purchased, leased, or rented from a retailer within the district
during the period that the tax is in effect.
(b) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item. (Acts 78th Leg., R.S., Ch. 1292, Sec. 28(f).)
Sec. 3828.206. EFFECT OF ANNEXATION OR EXCLUSION OF
TERRITORY. (a) If all or part of the district territory is
annexed by a municipality that has adopted and is imposing a sales
and use tax, the sales and use tax imposed by the district in the
annexed territory shall be reduced, if required, in even multiples
of one-eighth percent, and without the necessity of an election, so
that the combined rate of all sales and use taxes imposed by
Henderson County, the annexing municipality, and all other
political subdivisions within the annexed territory of the district
will not exceed two percent, except that:
(1) a sales and use tax previously adopted by the
district for the annexed territory may not be reduced to less than
one-half percent; and
(2) a reduction of the district's sales and use tax in
the portions of the district that are not annexed is not required.
(b) Not later than the 10th day after the date of the
annexation or exclusion of territory by the district or the
annexation of all or part of the territory of the district by a
municipality requiring a reduction of the district's sales and use
tax as provided by this section, the board shall send to the
comptroller, by certified or registered mail, certified copies of
all resolutions, orders, or ordinances pertaining to the annexation
or exclusion of the territory by a district or municipality. (Acts
78th Leg., R.S., Ch. 1292, Secs. 28(h), (j).)
Sec. 3828.207. EXAMINATION AND RECEIPT OF
INFORMATION. The district may examine and receive information
related to the imposition of a sales and use tax to the same extent
as if the district were a municipality. (Acts 78th Leg., R.S., Ch.
1292, Sec. 28(k).)
[Sections 3828.208-3828.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION OF DISTRICT
Sec. 3828.251. DISSOLUTION. (a) Except as provided by
Subsection (b) and the terms of a joint development and operating
agreement, the board:
(1) may dissolve the district; and
(2) shall dissolve the district on receipt of a
written petition requesting dissolution signed by the owners of 75
percent of the acreage of real property in the district.
(b) The board may not dissolve the district until the
district's outstanding indebtedness or contractual obligations
have been repaid or discharged.
(c) After the board dissolves the district, the board shall
transfer ownership of all district property and assets to Henderson County. (Acts 78th Leg., R.S., Ch. 1292, Sec. 32.)
CHAPTER 3829. SIENNA PLANTATION MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3829.001. DEFINITIONS
Sec. 3829.002. SIENNA PLANTATION MANAGEMENT DISTRICT
Sec. 3829.003. PURPOSE; DECLARATION OF INTENT
Sec. 3829.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3829.005. DISTRICT TERRITORY
Sec. 3829.006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES
Sec. 3829.007. APPLICABILITY OF OTHER LAW
Sec. 3829.008. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3829.009-3829.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3829.051. COMPOSITION; TERMS
Sec. 3829.052. APPOINTMENT OF DIRECTORS
Sec. 3829.053. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3829.054. INITIAL DIRECTORS
[Sections 3829.055-3829.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3829.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3829.102. NONPROFIT CORPORATION
Sec. 3829.103. AGREEMENTS; GRANTS
Sec. 3829.104. LAW ENFORCEMENT SERVICES
Sec. 3829.105. COMPETITIVE BIDDING
Sec. 3829.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS
Sec. 3829.107. ECONOMIC DEVELOPMENT PROGRAMS
[Sections 3829.108-3829.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3829.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3829.152. TAX AND BOND ELECTIONS
Sec. 3829.153. MAINTENANCE AND OPERATION TAX
Sec. 3829.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3829.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3829.156. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3829.157. BONDS AND OTHER OBLIGATIONS
Sec. 3829.158. MUNICIPALITY NOT REQUIRED TO PAY
DISTRICT OBLIGATIONS
Sec. 3829.159. TAX AND ASSESSMENT ABATEMENTS
[Sections 3829.160-3829.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3829.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3829. SIENNA PLANTATION MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3829.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Sienna Plantation Management
District. (Acts 78th Leg., R.S., Ch. 987, Sec. 2.)
Sec. 3829.002. SIENNA PLANTATION MANAGEMENT DISTRICT. The
Sienna Plantation Management District is a special district created
under Section 59, Article XVI, Texas Constitution. (Acts 78th
Leg., R.S., Ch. 987, Sec. 1(a))
Sec. 3829.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Missouri City, Fort Bend County, and other political subdivisions
to contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Fort Bend County or the City of Missouri City
from providing the level of services provided, as of June 20, 2003,
to the area in the district. The district is created to supplement
and not to supplant the county or city services provided in the area
in the district. (Acts 78th Leg., R.S., Ch. 987, Sec. 3.)
Sec. 3829.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 987, Sec. 6.)
Sec. 3829.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 987, Acts
of the 78th Legislature, Regular Session, 2003, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 987, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
987, Sec. 5; New.)
Sec. 3829.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
City of Missouri City under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
City of Missouri City under Chapter 312, Tax Code; or
(3) an enterprise zone created by the City of Missouri
City under Chapter 2303, Government Code. (Acts 78th Leg., R.S.,
Ch. 987, Sec. 29.)
Sec. 3829.007. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 987, Sec.
7(a).)
Sec. 3829.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 987, Sec. 8.)
[Sections 3829.009-3829.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3829.051. COMPOSITION; TERMS. (a) Except as provided
by Subsection (c), the district is governed by a board of five
directors appointed under Section 3829.052.
(b) Directors serve staggered terms of four years, with two
or three directors' terms expiring June 1 of each odd-numbered
year.
(c) The board by resolution may increase or decrease the
number of directors on the board if the board finds it is in the best
interest of the district. The board may not consist of fewer than 5
or more than 15 directors. (Acts 78th Leg., R.S., Ch. 987, Sec. 9.)
Sec. 3829.052. APPOINTMENT OF DIRECTORS. The board shall
nominate a slate of persons to serve as directors. The members of
the governing body of the City of Missouri City shall appoint as
directors the slate of persons nominated by the board. (Acts 78th
Leg., R.S., Ch. 987, Sec. 10.)
Sec. 3829.053. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 987, Sec. 11.)
Sec. 3829.054. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 Teri L. Elliot
2 Linda C. Bell
3 Sabra L. Slade
4 Kelly Howden
5 Nancy W. Porter
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2005.
(c) Section 3829.052 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 987, Sec. 26.)
[Sections 3829.055-3829.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3829.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district; and
(3) a municipality under Chapter 380, Local Government
Code. (Acts 78th Leg., R.S., Ch. 987, Secs. 12, 30 (part).)
Sec. 3829.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 987, Sec. 15.)
Sec. 3829.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 987, Sec. 13.)
Sec. 3829.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Fort Bend County or
the City of Missouri City to provide law enforcement services in the
district for a fee. (Acts 78th Leg., R.S., Ch. 987, Sec. 14.)
Sec. 3829.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000. (Acts 78th Leg., R.S., Ch. 987,
Sec. 24.)
Sec. 3829.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that enjoys
tax-exempt status under Section 501(c)(3), (4), or (6), Internal
Revenue Code of 1986, as amended, and perform services or provide
activities consistent with the furtherance of the purposes of the
district. An expenditure of public money for membership in the
organization is considered to further the purposes of the district
and to be for a public purpose. (Acts 78th Leg., R.S., Ch. 987, Sec.
28.)
Sec. 3829.107. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services. (Acts
78th Leg., R.S., Ch. 987, Sec. 30 (part).)
[Sections 3829.108-3829.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3829.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 987,
Sec. 23.)
Sec. 3829.152. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 987, Sec. 17.)
Sec. 3829.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3829.152,
the district may impose an annual ad valorem tax on taxable property
in the district for the:
(1) maintenance and operation of the district and the
improvements constructed or acquired by the district; or
(2) provision of a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 987, Sec. 18.)
Sec. 3829.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments. (Acts 78th Leg.,
R.S., Ch. 987, Sec. 19.)
Sec. 3829.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Fort Bend County;
or
(2) at least 25 owners of real property in the
district, if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for Fort
Bend County. (Acts 78th Leg., R.S., Ch. 987, Sec. 16.)
Sec. 3829.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 987, Sec. 20 (part).)
Sec. 3829.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 987, Sec. 21.)
Sec. 3829.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district. (Acts 78th Leg., R.S., Ch.
987, Sec. 22.)
Sec. 3829.159. TAX AND ASSESSMENT ABATEMENTS. Without
further authorization or other procedural requirement, the
district may grant, consistent with Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district. (Acts 78th
Leg., R.S., Ch. 987, Sec. 27.)
[Sections 3829.160-3829.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3829.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 987, Sec. 25.)
CHAPTER 3830. SPRING BRANCH AREA COMMUNITY IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3830.001. DEFINITIONS
Sec. 3830.002. SPRING BRANCH AREA COMMUNITY
IMPROVEMENT DISTRICT
Sec. 3830.003. PURPOSE; DECLARATION OF INTENT
Sec. 3830.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3830.005. DISTRICT TERRITORY
Sec. 3830.006. APPLICABILITY OF OTHER LAW
Sec. 3830.007. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3830.008-3830.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3830.051. COMPOSITION; TERMS
Sec. 3830.052. QUALIFICATIONS
Sec. 3830.053. APPOINTMENT OF DIRECTORS
Sec. 3830.054. CONFLICTS OF INTEREST; ONE-TIME
AFFIDAVIT
Sec. 3830.055. NOTICE AND APPROVAL OF PROPERTY OWNERS
Sec. 3830.056. INITIAL DIRECTORS
[Sections 3830.057-3830.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3830.101. ADDITIONAL POWERS OF DISTRICT
Sec. 3830.102. NONPROFIT CORPORATION
Sec. 3830.103. AGREEMENTS; GRANTS
Sec. 3830.104. LAW ENFORCEMENT SERVICES
Sec. 3830.105. COMPETITIVE BIDDING
Sec. 3830.106. ELECTRONIC TRANSMISSIONS
[Sections 3830.107-3830.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3830.151. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3830.152. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3830.153. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3830.154. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
Sec. 3830.155. BONDS AND OTHER OBLIGATIONS
[Sections 3830.156-3830.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3830.201. EXCEPTION FOR DISSOLUTION OF DISTRICT
WITH OUTSTANDING DEBT
CHAPTER 3830. SPRING BRANCH AREA COMMUNITY IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3830.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Spring Branch Area Community
Improvement District. (Acts 78th Leg., R.S., Ch. 777, Sec. 2.)
Sec. 3830.002. SPRING BRANCH AREA COMMUNITY IMPROVEMENT
DISTRICT. The Spring Branch Area Community Improvement District is
a special district created under Section 59, Article XVI, Texas
Constitution. (Acts 78th Leg., R.S., Ch. 777, Sec. 1(a).)
Sec. 3830.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided as of June 20, 2003, to the
area in the district. The district is created to supplement and not
to supplant the county or city services provided in the area in the
district. (Acts 78th Leg., R.S., Ch. 777, Sec. 3.)
Sec. 3830.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 777, Sec. 6.)
Sec. 3830.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 777, Acts
of the 78th Legislature, Regular Session, 2003, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 777, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
777, Sec. 5; New.)
Sec. 3830.006. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district. (Acts 78th Leg., R.S., Ch. 777, Sec.
7(a).)
Sec. 3830.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes stated in this chapter. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 8.)
[Sections 3830.008-3830.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3830.051. COMPOSITION; TERMS. (a) The district is
governed by a board of 13 directors appointed under Section
3830.053.
(b) Directors serve staggered terms of four years, with six
or seven directors' terms expiring June 1 of each odd-numbered
year. (Acts 78th Leg., R.S., Ch. 777, Sec. 10.)
Sec. 3830.052. QUALIFICATIONS. (a) To be qualified to
serve as a director, a person must be at least 18 years old and:
(1) an owner of property subject to assessment by the
district;
(2) an owner of a beneficial interest in a trust that
owns property subject to assessment by the district; or
(3) an agent, employee, or tenant nominated by a
person described in Subdivision (1) or (2).
(b) Section 375.063, Local Government Code, does not apply
to the district. (Acts 78th Leg., R.S., Ch. 777, Sec. 11.)
Sec. 3830.053. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint that person. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 12.)
Sec. 3830.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that same public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 13.)
Sec. 3830.055. NOTICE AND APPROVAL OF PROPERTY OWNERS. (a)
Not later than the 30th day before the date of the first board
meeting, written notice must be mailed by certified mail, return
receipt requested, to each property owner in the district who could
be subject to assessment by the district at the address of the
property owner as reflected on the most recent certified tax
appraisal roll for Harris County.
(b) The notice under Subsection (a) must include:
(1) a description and definition of the district;
(2) the purpose of the district;
(3) a statement that the district, by action of the
board, may charge an assessment for an improvement to be made in the
district; and
(4) the time, date, and location of the first board
meeting. (Acts 78th Leg., R.S., Ch. 777, Sec. 9.)
Sec. 3830.056. INITIAL DIRECTORS. (a) The initial board
consists of the following persons: Pos. No. Name of Director
1 Ronald Height
2 Glenn Smith
3 Catherine
Barchfeld-Alexander
4 Kun C. Youn
5 Jim Jard
6 Al Hartman
7 Johnny H. Baker
8 Patricia A. Maddox
9 Pat Currie
10 Frank Liu
11 Lance H. Davis
12 Larry Levine
13 Everett P. Jackson
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 7 expire June 1, 2005, and the
terms of directors appointed for positions 8 through 13 expire June
1, 2007.
(c) Section 3830.053 does not apply to this section.
(d) This section expires September 1, 2007. (Acts 78th
Leg., R.S., Ch. 777, Sec. 27.)
[Sections 3830.057-3830.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3830.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes); and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district. (Acts 78th Leg., R.S., Ch.
777, Sec. 15.)
Sec. 3830.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code. (Acts 78th Leg., R.S., Ch. 777, Sec. 18.)
Sec. 3830.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 777, Sec. 16.)
Sec. 3830.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract to provide law
enforcement services in the district for a fee. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 17.)
Sec. 3830.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $15,000. (Acts 78th Leg., R.S., Ch. 777,
Sec. 25.)
Sec. 3830.106. ELECTRONIC TRANSMISSIONS. (a) The district
may acquire, operate, or charge fees for the use of the district
conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting
facility.
(b) The district may not require a person to use a district
conduit. (Acts 78th Leg., R.S., Ch. 777, Sec. 14.)
[Sections 3830.107-3830.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3830.151. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money. (Acts 78th Leg., R.S., Ch. 777,
Sec. 24.)
Sec. 3830.152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the resolution of
the board imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 78th Leg., R.S., Ch. 777, Sec. 20.)
Sec. 3830.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments or bonds under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition requesting a project financed by assessment
must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Harris County; or
(2) at least 50 owners of real property in the district
that will be subject to the assessment, if more than 50 persons own
real property subject to the assessment in the district according
to the most recent certified tax appraisal roll for Harris County.
(c) A petition requesting a project financed by bonds must
be signed by the owners of a majority of the assessed value of real
property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for
Harris County. (Acts 78th Leg., R.S., Ch. 777, Secs. 19, 23(b).)
Sec. 3830.154. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services. (Acts 78th
Leg., R.S., Ch. 777, Sec. 22.)
Sec. 3830.155. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from assessments, impact fees, revenue, grants, or other
money of the district, or any combination of those sources of money,
to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 777, Secs.
23(a), (c).)
[Sections 3830.156-3830.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3830.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply to the district. (Acts 78th Leg., R.S., Ch. 777, Sec. 26.)
CHAPTER 3831. TEMPLE HEALTH AND BIOSCIENCE ECONOMIC DEVELOPMENT
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3831.001. DEFINITIONS
Sec. 3831.002. PURPOSE; DECLARATION OF LEGISLATIVE
FINDINGS
Sec. 3831.003. NATURE OF DISTRICT
Sec. 3831.004. DISTRICT TERRITORY
Sec. 3831.005. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3831.006-3831.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3831.051. GOVERNING BODY
Sec. 3831.052. TERMS
Sec. 3831.053. DATE OF ELECTIONS
Sec. 3831.054. QUALIFICATIONS
Sec. 3831.055. VACANCY
Sec. 3831.056. DIRECTOR'S BOND; OATH OR AFFIRMATION
Sec. 3831.057. OFFICERS
Sec. 3831.058. COMPENSATION; EXPENSES
Sec. 3831.059. MEETINGS; NOTICE OF MEETINGS
Sec. 3831.060. EMPLOYEES; PERSONS HIRED BY BOARD
[Sections 3831.061-3831.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3831.101. GENERAL POWERS
Sec. 3831.102. RULES
Sec. 3831.103. DISTRICT OFFICE
Sec. 3831.104. PROPERTY
Sec. 3831.105. AGREEMENTS
Sec. 3831.106. GIFTS, GRANTS, AND LOANS
Sec. 3831.107. COMPETITIVE BIDDING
Sec. 3831.108. RELATION TO OTHER LAW ON CONTRACTS
Sec. 3831.109. FEES FOR USE OF DISTRICT IMPROVEMENTS
Sec. 3831.110. PROGRAMS
Sec. 3831.111. PROJECTS
Sec. 3831.112. SUITS
Sec. 3831.113. SEAL
Sec. 3831.114. NONPROFIT CORPORATION
[Sections 3831.115-3831.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3831.151. USE OF DISTRICT MONEY
Sec. 3831.152. INVESTMENTS
Sec. 3831.153. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3831.154. DEPOSITORY INSTITUTION
Sec. 3831.155. ACCOUNTS; FISCAL YEAR
Sec. 3831.156. PROJECT FUND
Sec. 3831.157. AUDIT
Sec. 3831.158. ASSESSMENTS
Sec. 3831.159. LIABILITIES
Sec. 3831.160. OBLIGATIONS
[Sections 3831.161-3831.200 reserved for expansion]
SUBCHAPTER E. AD VALOREM TAX
Sec. 3831.201. IMPOSITION OF AD VALOREM TAX
Sec. 3831.202. TAX RATE
Sec. 3831.203. TAX ASSESSOR-COLLECTOR
[Sections 3831.204-3831.250 reserved for expansion]
SUBCHAPTER F. ELECTION TO ALLOW TAXING OR RELATED OBLIGATION
AUTHORITY
Sec. 3831.251. APPLICATION FOR PETITION TO CALL
ELECTION
Sec. 3831.252. FORM AND COPIES OF PETITION
Sec. 3831.253. FILING AND VERIFICATION OF PETITION
Sec. 3831.254. ELECTION ORDER
Sec. 3831.255. NOTICE AND CONDUCT OF ELECTION; RESULTS
[Sections 3831.256-3831.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION OF DISTRICT
Sec. 3831.301. DISSOLUTION OF DISTRICT
Sec. 3831.302. DISSOLUTION BY ORDER OF CITY COUNCIL
Sec. 3831.303. DISSOLUTION OF DISTRICT ON AGREEMENT
WITH CITY
Sec. 3831.304. EFFECT OF DISSOLUTION ON TAXES
CHAPTER 3831. TEMPLE HEALTH AND BIOSCIENCE ECONOMIC DEVELOPMENT
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3831.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "City council" means the governing body of the
City of Temple.
(3) "Director" means a board member.
(4) "District" means the Temple Health and Bioscience
Economic Development District.
(5) "Obligation" means an interest-bearing obligation
issued by the district under this chapter, including a bond,
certificate, note, or other evidence of indebtedness.
(6) "Project" means a project established under
Section 3831.111 and includes the land, buildings, equipment,
facilities, infrastructure, improvements, and other property
necessary to accomplish the purposes of the project. (Acts 78th
Leg., R.S., Ch. 777, Sec. 2.001.)
Sec. 3831.002. PURPOSE; DECLARATION OF LEGISLATIVE
FINDINGS. (a) The creation of the district is essential to
accomplish the purposes of Section 52-a, Article III, and Section
59, Article XVI, Texas Constitution, and to accomplish other public
purposes stated in this chapter.
(b) This chapter is enabling legislation enacted to further
the public purposes under Section 52-a, Article III, Texas
Constitution.
(c) The creation of the district is necessary to further the
public purpose of improving the economy of this state and of the
city of Temple by providing for the development of health and
bioscience operations and facilities.
(d) The district serves the public purposes stated in this
section. (Acts 78th Leg., R.S., Ch. 777, Sec. 1.001.)
Sec. 3831.003. NATURE OF DISTRICT. The district is a
special district and a political subdivision of this state under
Section 59, Article XVI, Texas Constitution. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 2.002.)
Sec. 3831.004. DISTRICT TERRITORY. The district boundaries
are coextensive with the boundaries of the city of Temple as the
boundaries of the city are adjusted by the city. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 3.006(b) (part).)
Sec. 3831.005. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
legislative findings and purposes stated in this chapter. (Acts
78th Leg., R.S., Ch. 777, Sec. 1.002(a).)
[Sections 3831.006-3831.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3831.051. GOVERNING BODY. The district is governed by
a board of seven directors elected as provided by this chapter.
(Acts 78th Leg., R.S., Ch. 777, Sec. 4.001.)
Sec. 3831.052. TERMS. Directors serve staggered
three-year terms. (Acts 78th Leg., R.S., Ch. 777, Sec. 4.002.)
Sec. 3831.053. DATE OF ELECTIONS. The district shall hold
board elections so that:
(1) four directors are elected on the regular election
day on which certain members of the city council and the mayor of
the City of Temple are elected; and
(2) three directors are elected on the regular
election day on which the other members of the city council of the
City of Temple are elected. (Acts 78th Leg., R.S., Ch. 777, Sec.
4.003.)
Sec. 3831.054. QUALIFICATIONS. A director:
(1) must be a registered voter of the City of Temple;
and
(2) may not:
(A) be an elected official; or
(B) be employed by the district or the City of
Temple. (Acts 78th Leg., R.S., Ch. 777, Sec. 4.004.)
Sec. 3831.055. VACANCY. The remaining directors shall
fill a vacancy in the office of director for the unexpired term.
(Acts 78th Leg., R.S., Ch. 777, Sec. 4.005.)
Sec. 3831.056. DIRECTOR'S BOND; OATH OR AFFIRMATION. (a)
As soon as practicable after a director is elected or appointed, the
director shall execute a bond for $10,000 payable to the district
and conditioned on the faithful performance of the director's
duties.
(b) The bond must be approved by the board.
(c) The bond and the director's constitutional oath or
affirmation of office shall be filed with the district and the
district shall retain the bond and the oath or affirmation in the
district's records. (Acts 78th Leg., R.S., Ch. 777, Secs.
4.006(a), (b), (d).)
Sec. 3831.057. OFFICERS. (a) The board shall elect from
among the directors a presiding officer, a secretary, and any other
officers the board considers necessary.
(b) The board by resolution shall establish the powers and
duties of the officers, consistent with this chapter. (Acts 78th
Leg., R.S., Ch. 777, Sec. 4.007.)
Sec. 3831.058. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for actual
and necessary expenses approved by the board. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 4.008.)
Sec. 3831.059. MEETINGS; NOTICE OF MEETINGS. (a) The
board may establish regular meetings to conduct district business
and may hold special meetings at other times as necessary.
(b) The board shall provide the notice prepared under
Subchapter C, Chapter 551, Government Code, to the City of Temple's
secretary. In addition to the requirements imposed by that
subchapter on the district, the city shall post the notice at the
usual location at which notices of city council meetings are
posted. (Acts 78th Leg., R.S., Ch. 777, Sec. 4.009.)
Sec. 3831.060. EMPLOYEES; PERSONS HIRED BY BOARD. (a) The
board shall employ any person the board considers necessary to
conduct district affairs, including:
(1) engineers;
(2) attorneys;
(3) financial advisors;
(4) economists;
(5) a general manager;
(6) a utility operator;
(7) bookkeepers;
(8) auditors; and
(9) clerical workers.
(b) The board by resolution shall determine the
compensation and terms of service of any person employed or hired by
the district.
(c) The board may remove any employee.
(d) The board may require an employee to execute a bond
payable to the district and conditioned on the faithful performance
of the person's duties. (Acts 78th Leg., R.S., Ch. 777, Sec.
4.010.)
[Sections 3831.061-3831.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3831.101. GENERAL POWERS. The district has all powers
necessary or convenient to carry out and effect the purposes and
provisions of this chapter. (Acts 78th Leg., R.S., Ch. 777, Sec.
5.001.)
Sec. 3831.102. RULES. The board may adopt rules to govern
the district, including rules governing district operations,
employees, and property. (Acts 78th Leg., R.S., Ch. 777, Sec.
5.002.)
Sec. 3831.103. DISTRICT OFFICE. The board shall designate
and establish a district office in the city of Temple. (Acts 78th
Leg., R.S., Ch. 777, Sec. 5.003.)
Sec. 3831.104. PROPERTY. The district may exercise any
type of property right, including the power to acquire, sell, or
lease as lessee or lessor, regarding any type of property interest
in the district or for use in the district under terms determined by
the board. (Acts 78th Leg., R.S., Ch. 777, Sec. 5.004.)
Sec. 3831.105. AGREEMENTS. The district may make an
agreement with any person for any district purpose, including a
contract to manage or maintain a district project. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 5.005 (part).)
Sec. 3831.106. GIFTS, GRANTS, AND LOANS. The district may
accept a gift, grant, or loan from any person for any district
purpose. (Acts 78th Leg., R.S., Ch. 777, Sec. 5.005 (part).)
Sec. 3831.107. COMPETITIVE BIDDING. (a) Except as
provided by Subsection (b), Section 375.221, Local Government Code,
applies to the district.
(b) Section 375.221, Local Government Code, does not apply
to a contract between the district and:
(1) another governmental entity;
(2) a nonprofit corporation, including a scientific
research corporation; or
(3) a corporation created under the Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes). (Acts 78th Leg., R.S., Ch. 777, Sec. 5.006.)
Sec. 3831.108. RELATION TO OTHER LAW ON CONTRACTS. This
chapter states the procedures necessary to award contracts and
supersedes any law or other requirement otherwise applicable to the
district regarding the award of contracts. (Acts 78th Leg., R.S.,
Ch. 777, Sec. 5.007.)
Sec. 3831.109. FEES FOR USE OF DISTRICT IMPROVEMENTS. The
district may establish and maintain reasonable and
nondiscriminatory rates, fares, charges, rents, or other fees or
compensation for the use of the improvements constructed, operated,
or maintained by the district. (Acts 78th Leg., R.S., Ch. 777, Sec.
5.008.)
Sec. 3831.110. PROGRAMS. (a) The district may establish
and provide for the administration of one or more programs to:
(1) promote state or local economic development; and
(2) stimulate business and commercial activity in the
district that relates to a project.
(b) As part of a program, the district may:
(1) make loans or grants of public money for a public
purpose as provided by Section 52-a, Article III, Texas
Constitution; or
(2) provide district personnel and services for the
program.
(c) The district may contract with any person to administer
a program established under this section. (Acts 78th Leg., R.S.,
Ch. 777, Sec. 5.009.)
Sec. 3831.111. PROJECTS. (a) The district may establish
projects for:
(1) bioscience and health products, including
projects related to:
(A) research and development;
(B) invention and discovery;
(C) commercialization;
(D) production and manufacturing of goods and
products, including projects for manufacturing facilities; and
(E) development of production process and
delivery system purposes in, involved in, based on, or related to,
or intended to advance the state of knowledge, skill, and
understanding of, the biosciences, including:
(i) wet laboratories;
(ii) clean rooms;
(iii) dry laboratories;
(iv) research and development facilities;
(v) genetics facilities and equipment;
(vi) pharmaceutical facilities and
equipment;
(vii) biotechnology incubators;
(viii) bioscience and biotechnology health
care facilities;
(ix) biotechnology facilities;
(x) bioscience facilities; and
(xi) other similar projects;
(2) bioscience education, including projects for
health or biotechnology education facilities, regardless of any
affiliation with other institutions of higher, vocational, or job
training education;
(3) access to public safety facilities and equipment;
(4) streets and roads;
(5) drainage services;
(6) wastewater services;
(7) potable water services;
(8) telecommunication facilities;
(9) demolition of existing structures;
(10) development and institution of water
conservation programs;
(11) chilled water services;
(12) steam services;
(13) industrial gases services;
(14) other utility and process and production
services; or
(15) the support of any other type of health or
bioscience projects.
(b) A project must be related to the bioscience or health
purposes of the district. (Acts 78th Leg., R.S., Ch. 777, Sec.
5.010.)
Sec. 3831.112. SUITS. (a) The district may sue and be
sued.
(b) Service of process in a suit may be made by serving any
two directors.
(c) The district may not be required to give security for
costs and may appeal from a judgment without giving a supersedeas
bond or cost bond. (Acts 78th Leg., R.S., Ch. 777, Sec. 5.011.)
Sec. 3831.113. SEAL. The district may adopt a seal. (Acts
78th Leg., R.S., Ch. 777, Sec. 5.012.)
Sec. 3831.114. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation,
including a scientific corporation, under the Business
Organizations Code. The nonprofit corporation shall assist and act
for the district in implementing a project or providing a service
authorized by this chapter.
(a-1) On or before December 31, 2009, the board by
resolution may authorize the creation of a nonprofit corporation,
including a scientific corporation, under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes) or the Business Organizations Code, as applicable. The
nonprofit corporation shall assist and act for the district in
implementing a project or providing a service authorized by this
chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board may appoint a director of the
district's board to serve as a director of the nonprofit
corporation. The board of directors of the nonprofit corporation
shall serve in the same manner as the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
(d) This subsection and Subsection (a-1) expire December
31, 2009. (Acts 78th Leg., R.S., Ch. 777, Sec. 5.013.)
[Sections 3831.115-3831.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3831.151. USE OF DISTRICT MONEY. The district may use
district money for any district purpose, including:
(1) to pay for projects; and
(2) to pay district obligations. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 6.001.)
Sec. 3831.152. INVESTMENTS. (a) The district may invest
money the district receives under this chapter.
(b) The district may hire a person to invest district money
on terms the board considers advisable. (Acts 78th Leg., R.S., Ch.
777, Sec. 6.002.)
Sec. 3831.153. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money. (Acts 78th Leg., R.S., Ch. 777, Sec.
6.003.)
Sec. 3831.154. DEPOSITORY INSTITUTION. The district may
select one or more financial institutions to serve as a depository
bank for the district. (Acts 78th Leg., R.S., Ch. 777, Sec. 6.004.)
Sec. 3831.155. ACCOUNTS; FISCAL YEAR. (a) The district
may establish an accounting system for the district for each year.
(b) The district may establish a fiscal year for the
district. (Acts 78th Leg., R.S., Ch. 777, Sec. 6.005.)
Sec. 3831.156. PROJECT FUND. (a) The district by
resolution shall establish a project fund.
(b) The district may establish separate accounts in the
project fund.
(c) The district shall deposit into the project fund all
money acquired or received by the district, including:
(1) the proceeds from an ad valorem tax imposed by the
district; and
(2) revenue from the sale of district obligations.
(Acts 78th Leg., R.S., Ch. 777, Sec. 6.006.)
Sec. 3831.157. AUDIT. (a) The district shall enter into a
written contract with an independent certified public accountant or
a certified public accounting firm for an annual audit of the
district's affairs and financial records.
(b) The district shall make the audit available for
inspection by the public and the City of Temple. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 6.007.)
Sec. 3831.158. ASSESSMENTS. The district may impose an
assessment on property in the district, including an assessment on
a leasehold interest, by agreement with the property owner. (Acts
78th Leg., R.S., Ch. 777, Sec. 6.008.)
Sec. 3831.159. LIABILITIES. The district may incur
liabilities, including a liability incurred by:
(1) borrowing money on terms the board determines; and
(2) issuing obligations under Section 3831.160. (Acts
78th Leg., R.S., Ch. 777, Sec. 6.009.)
Sec. 3831.160. OBLIGATIONS. (a) The district may issue
obligations, including revenue bonds, to pay the costs of a project
in the district.
(b) In exercising the district's borrowing power, the
district may issue an obligation in the form of a bond, note,
certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 777, Sec.
6.010.)
[Sections 3831.161-3831.200 reserved for expansion]
SUBCHAPTER E. AD VALOREM TAX
Sec. 3831.201. IMPOSITION OF AD VALOREM TAX. If authorized
at an election held under Section 3831.255, the district:
(1) may by order impose an annual ad valorem tax on
taxable property in the district to pay for projects; and
(2) shall by order impose an ad valorem tax to pay for
obligations that are payable wholly or partly from ad valorem
taxes. (Acts 78th Leg., R.S., Ch. 777, Sec. 7.001.)
Sec. 3831.202. TAX RATE. (a) The board shall determine
the tax rate.
(b) The tax rate may not exceed 15 cents per $100 of assessed
valuation of taxable property in the district. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 7.002.)
Sec. 3831.203. TAX ASSESSOR-COLLECTOR. The board may:
(1) appoint a district tax assessor-collector; or
(2) contract for the assessment and collection of
taxes as provided by the Tax Code. (Acts 78th Leg., R.S., Ch. 777,
Sec. 7.003.)
[Sections 3831.204-3831.250 reserved for expansion]
SUBCHAPTER F. ELECTION TO ALLOW TAXING OR RELATED OBLIGATION
AUTHORITY
Sec. 3831.251. APPLICATION FOR PETITION TO CALL ELECTION.
(a) If 10 or more registered voters of the city of Temple file a
written application with the city for a petition to authorize the
district to impose an ad valorem tax, the city shall issue to the
applicants a petition to be circulated among the registered voters
of the city for the signatures of voters who want to authorize the
district to impose an ad valorem tax.
(b) At the request of petitioners under this section, a
petition for a local option election to determine whether the
district may impose an ad valorem tax may also provide that at the
same election the district shall be authorized to issue obligations
payable wholly or partly from that ad valorem tax as permitted under
Section 3831.160.
(c) The application for the petition must be titled:
"Application for Local Option Election Petition to Enable the
Temple Health and Bioscience Economic Development District to
Impose an Ad Valorem Tax not to Exceed 15 Cents per $100 Valuation
of all Taxable Property in the District."
(d) The application must contain a statement just before the
signatures of the applicants that reads substantially as follows:
"The petitioners whose signatures appear on this petition intend
that the Temple Health and Bioscience Economic Development District
be enabled to impose an ad valorem tax not to exceed 15 cents per
$100 valuation of all taxable property in the district."
(e) If the petition also seeks an election to authorize the
issuance of obligations by the district payable wholly or partly
from ad valorem taxes, the statement: "and to Issue Bonds Payable in
Whole or in Part from the Ad Valorem Tax" must be appended to the
title specified by Subsection (c). (Acts 78th Leg., R.S., Ch. 777,
Secs. 3.001(b), (c), 3.002(c).)
Sec. 3831.252. FORM AND COPIES OF PETITION. (a) Each
petition issued under Section 3831.251 must show the date it is
issued by the City of Temple and be serially numbered. Each page of
the petition must bear the same date and serial number.
(b) The City of Temple shall supply as many copies of the
petition as required by the applicants but not to exceed more than
one page of the petition for every 10 registered voters in the city.
Each copy shall bear the date, number, and seal on each page as
required on the original petition.
(c) The City of Temple shall keep a copy of each petition and
a record of the applicants for that petition. (Acts 78th Leg.,
R.S., Ch. 777, Secs. 3.002(d), 3.003.)
Sec. 3831.253. FILING AND VERIFICATION OF PETITION. (a)
The applicants requesting a petition under Section 3831.251 may
file a request with the City of Temple for the petition to be
verified. The applicants must file the request not later than the
120th day after the date the petition is issued by the City of
Temple.
(b) If the applicants file a request for verification of the
petition, the City of Temple shall examine the names of the signers
of petitions and determine whether the signers of the petition were
registered voters of the city at the time the petition was issued.
(c) The City of Temple shall certify to the city council the
number of registered voters signing the petition not later than the
15th day after the date the request for verification was filed.
(d) A signature may not be counted under this section if
there is good reason to believe that:
(1) the signature is not the actual signature of the
purported signer;
(2) the voter registration certificate number is not
correct;
(3) the signature duplicates a name or the handwriting
used in any other signature on the petition; or
(4) the signer's residence address cannot be verified.
(Acts 78th Leg., R.S., Ch. 777, Sec. 3.004.)
Sec. 3831.254. ELECTION ORDER. (a) Not later than the
date of the second regular session of the city council convened
after a petition has been verified under Section 3831.253, the city
council shall order an election to be held in the district on the
proposition stated in the petition if the petition contains:
(1) the signatures of a number of registered voters of
the city of Temple equal to at least 10 percent of the registered
voters of the city who voted in the most recent general election in
the city;
(2) a notation showing the residence address of each
signer;
(3) each signer's voter registration certificate
number; and
(4) each signer's printed name.
(b) The following shall be entered in the city council
minutes:
(1) the dates a petition is presented to and verified
by the City of Temple;
(2) the names of the signers; and
(3) the action taken on the petition.
(c) The order issued under Subsection (a) must state that
the district's boundaries are coextensive with the boundaries of
the city of Temple and that the election will be held within those
boundaries. (Acts 78th Leg., R.S., Ch. 777, Secs. 3.005,
3.006(b).)
Sec. 3831.255. NOTICE AND CONDUCT OF ELECTION;
RESULTS. (a) The city council shall give notice of an election
ordered under Section 3831.254 by publishing a substantial copy of
the election order once a week for two consecutive weeks in a
newspaper with general circulation in the city of Temple.
(b) The first publication of the notice must appear before
the 14th day before the date set for the election. If the election
order includes the issue of whether the district may issue
obligations, the first publication of the notice must appear before
the 31st day before the date set for the election.
(c) The ballot for an election held under this section must
be printed to permit voting for or against the following
proposition, as appropriate according to the verified petition:
(1) "Authorizing the imposition of an ad valorem tax
not to exceed the rate of 15 cents per $100 valuation of all taxable
property in the district"; or
(2) "Authorizing the imposition of an ad valorem tax
not to exceed the rate of 15 cents per $100 valuation of all taxable
property in the district and to issue bonds payable in whole or in
part from the ad valorem tax."
(d) The district may impose the tax if a majority of the
district voters voting at the election favor the proposition stated
in Subsection (c)(1) or (2). The district may issue obligations
payable wholly or partly from ad valorem taxes if a majority of the
district voters voting at the election favor the proposition stated
in Subsection (c)(2).
(e) If a majority of the district voters voting at the
election vote against the proposition, another election on the
proposition may not be held before the first anniversary of the date
of the most recent election concerning the proposition.
(f) The City of Temple shall hold an election provided under
this section on the earliest uniform election date under Section
41.001, Election Code, that occurs after the city council adopts
the order calling the election. (Acts 78th Leg., R.S., Ch. 777,
Secs. 3.006(a), (c) (part), (d) (part), (e) (part), (f).)
[Sections 3831.256-3831.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION OF DISTRICT
Sec. 3831.301. DISSOLUTION OF DISTRICT. The district may
be dissolved only as provided by this subchapter. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 8.001.)
Sec. 3831.302. DISSOLUTION BY ORDER OF CITY COUNCIL. (a)
The board may petition the city council to dissolve the district if
the board finds that the district:
(1) has not issued obligations under Section 3831.160
and that the purposes of the district are impracticable, or
reasonably and economically cannot be successful or accomplished;
or
(2) has paid, or otherwise provided for payment of,
all obligations issued under Section 3831.160 and that the district
purposes have been accomplished.
(b) On receipt of the petition, the city council shall hold
a public hearing to determine whether the dissolution of the
district serves the best interests of the City of Temple and of the
residents of the city.
(c) After the hearing, the city council shall:
(1) enter in the council records the appropriate
findings and an order dissolving the district if the city council
unanimously determines that the best interests of the City of
Temple and of the residents of the city will be served by dissolving
the district; or
(2) enter an order providing that the district is not
dissolved if the city council does not unanimously determine that
the best interests of the City of Temple and of the residents of the
city will be served by dissolving the district.
(d) On dissolution of the district under this section:
(1) all money and other property of the district are
transferred to the City of Temple; and
(2) the City of Temple shall assume any remaining
district contracts or other district obligations. (Acts 78th Leg.,
R.S., Ch. 777, Sec. 8.002.)
Sec. 3831.303. DISSOLUTION OF DISTRICT ON AGREEMENT WITH
CITY. (a) The district may be dissolved by agreement between the
city council and the board.
(b) On dissolution of the district under this section:
(1) all money and other property of the district are
transferred to the City of Temple; and
(2) the City of Temple shall assume the district's
responsibilities regarding all district contracts, debts, and
obligations. (Acts 78th Leg., R.S., Ch. 777, Sec. 8.003.)
Sec. 3831.304. EFFECT OF DISSOLUTION ON TAXES. On
dissolution of the district, any taxes imposed by the district are abolished. (Acts 78th Leg., R.S., Ch. 777, Sec. 8.004.)
CHAPTER 3832. WALLER COUNTY ROAD IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3832.001. DEFINITIONS
Sec. 3832.002. WALLER COUNTY ROAD IMPROVEMENT DISTRICT
NO. 1
Sec. 3832.003. PURPOSE; DECLARATION OF INTENT
Sec. 3832.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3832.005. DISTRICT TERRITORY
Sec. 3832.006. LIBERAL CONSTRUCTION OF CHAPTER
Sec. 3832.007. EFFECT ON BROOKSHIRE-KATY DRAINAGE
DISTRICT
[Sections 3832.008-3832.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3832.051. COMPOSITION; TERMS
Sec. 3832.052. QUALIFICATIONS
Sec. 3832.053. ELECTION DATE
Sec. 3832.054. INITIAL DIRECTORS
[Sections 3832.055-3832.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3832.101. POWERS OF DISTRICT
Sec. 3832.102. AGREEMENTS; GRANTS
Sec. 3832.103. LAW ENFORCEMENT SERVICES
Sec. 3832.104. UTILITIES
[Sections 3832.105-3832.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3832.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES
Sec. 3832.152. ELECTIONS REGARDING TAXES OR BONDS
Sec. 3832.153. MAINTENANCE AND OPERATION TAX
Sec. 3832.154. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3832.155. PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS
Sec. 3832.156. BONDS AND OTHER OBLIGATIONS
CHAPTER 3832. WALLER COUNTY ROAD IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3832.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means Waller County Road Improvement
District No. 1. (Acts 78th Leg., R.S., Ch. 1157, Sec. 3.)
Sec. 3832.002. WALLER COUNTY ROAD IMPROVEMENT DISTRICT NO.
1. Waller County Road Improvement District No. 1 is a special
district created under Section 52, Article III, and Section 59,
Article XVI, Texas Constitution. (Acts 78th Leg., R.S., Ch. 1157,
Sec. 1(a).)
Sec. 3832.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district. (Acts 78th Leg., R.S., Ch.
1157, Sec. 2.)
Sec. 3832.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district 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 or expand transportation and commerce.
(d) The present and prospective traffic congestion in the
district and the safety of pedestrians and the limited availability
of funds require the promotion and development of public
transportation and pedestrian facilities and systems, and the
district will serve the public purpose of securing expanded and
improved transportation and pedestrian facilities and systems.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
78th Leg., R.S., Ch. 1157, Sec. 6.)
Sec. 3832.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 1157,
Acts of the 78th Legislature, Regular Session, 2003, as that
territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 4, Chapter 1157, Acts of the 78th Legislature, Regular
Session, 2003, form a closure. A mistake made in the field notes or
in copying the field notes in the legislative process does not in
any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation. (Acts 78th Leg., R.S., Ch.
1157, Sec. 5; New.)
Sec. 3832.006. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be construed liberally in conformity with the
findings and purposes set forth in this chapter. (Acts 78th Leg.,
R.S., Ch. 1157, Sec. 8(a).)
Sec. 3832.007. EFFECT ON BROOKSHIRE-KATY DRAINAGE
DISTRICT. The powers granted by this chapter do not affect the
powers of the Brookshire-Katy Drainage District of Waller County.
(Acts 78th Leg., R.S., Ch. 1157, Sec. 11(b).)
[Sections 3832.008-3832.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3832.051. COMPOSITION; TERMS. The district is
governed by a board of five elected directors. Directors serve
staggered terms of four years. (Acts 78th Leg., R.S., Ch. 1157,
Sec. 9(a).)
Sec. 3832.052. QUALIFICATIONS. (a) A person must meet the
qualifications of Section 375.063, Local Government Code, to serve
as a district director.
(b) Section 49.052, Water Code, does not apply to district
directors. (Acts 78th Leg., R.S., Ch. 1157, Sec. 10.)
Sec. 3832.053. ELECTION DATE. Elections for directors
shall be held on the uniform election date in May in even-numbered
years. (Acts 78th Leg., R.S., Ch. 1157, Sec. 9(b).)
Sec. 3832.054. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
(1) Julie Magness;
(2) Craig Artze;
(3) Julie Crum;
(4) Gary Tankersley; and
(5) Jennifer Kramer.
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on June 1, 2006, and the
terms of the last two directors named in Subsection (a) expire on
June 1, 2004.
(c) On the uniform election date in May 2004, the board
shall hold an election for the directors whose terms expire on June
1, 2004. On the uniform election date in May 2006, the board shall
hold an election for the directors whose terms expire on June 1,
2006.
(d) This section expires September 1, 2006. (Acts 78th
Leg., R.S., Ch. 1157, Sec. 19.)
[Sections 3832.055-3832.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3832.101. POWERS OF DISTRICT. The district has all
powers provided by the general laws on road districts and road
utility districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code. (Acts 78th Leg.,
R.S., Ch. 1157, Sec. 11(a).)
Sec. 3832.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code. (Acts 78th Leg., R.S., Ch. 1157, Sec. 12.)
Sec. 3832.103. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a municipality or
county to provide law enforcement services in the district for a
fee. (Acts 78th Leg., R.S., Ch. 1157, Sec. 13.)
Sec. 3832.104. UTILITIES. (a) The district may not impose
an impact fee or assessment on the property, including the
equipment, rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended.
(b) The district shall bear the sole expense of the
relocation, rerouting, or removal of electric, gas, water, sewer,
communications, or other public utilities as required or requested
by the district in the exercise of its powers under this chapter.
(Acts 78th Leg., R.S., Ch. 1157, Sec. 20.)
[Sections 3832.105-3832.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3832.151. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for:
(1) any district purpose, including the payment of
debt or other contractual obligations; or
(2) the payment of maintenance and operating expenses.
(Acts 78th Leg., R.S., Ch. 1157, Sec. 14.)
Sec. 3832.152. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters 49
and 54, Water Code, to obtain voter approval before the district
imposes a maintenance tax or issues bonds payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election. (Acts 78th Leg., R.S., Ch. 1157, Sec.
15.)
Sec. 3832.153. MAINTENANCE AND OPERATION TAX. (a) The
district may impose an annual ad valorem tax on taxable property in
the district for any district purpose, including to:
(1) maintain and operate the district, including
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate. (Acts 78th
Leg., R.S., Ch. 1157, Sec. 16.)
Sec. 3832.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 78th Leg., R.S., Ch. 1157, Secs. 17(a), (c), (d).)
Sec. 3832.155. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project through an assessment under this chapter unless
a written petition requesting that service or improvement has been
filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located; or
(2) at least 25 owners of land in the district that
will be subject to the assessment, if more than 25 persons own land
in the district that will be subject to the assessment according to
the most recent certified tax appraisal roll for the county in which
the property is located. (Acts 78th Leg., R.S., Ch. 1157, Sec.
17(b).)
Sec. 3832.156. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 78th Leg., R.S., Ch. 1157, Sec.
18.)
SECTION 1.04. Subtitle B, Title 5, Special District Local Laws Code, is amended by adding Chapter 5201 to read as follows:
CHAPTER 5201. GALVESTON COUNTY ROAD DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5201.001. DEFINITION
Sec. 5201.002. NATURE OF DISTRICT
Sec. 5201.003. LEGISLATIVE FINDINGS
Sec. 5201.004. DISTRICT TERRITORY
Sec. 5201.005. GENERAL POWER OF DISTRICT
Sec. 5201.006. APPLICABILITY OF CERTAIN OTHER LAW
[Sections 5201.007-5201.050 reserved for expansion]
SUBCHAPTER B. BONDS
Sec. 5201.051. GENERAL AUTHORITY TO ISSUE BONDS
Sec. 5201.052. USE OF BOND PROCEEDS LIMITED
Sec. 5201.053. SECURITY FOR BONDS
Sec. 5201.054. AUTHORITY TO ISSUE AD VALOREM TAX BONDS
Sec. 5201.055. AUTHORITY TO ISSUE REVENUE BONDS
Sec. 5201.056. MATURITY
[Sections 5201.057-5201.100 reserved for expansion]
SUBCHAPTER C. TAXES
Sec. 5201.101. AUTHORITY TO IMPOSE MAINTENANCE TAX
CHAPTER 5201. GALVESTON COUNTY ROAD DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5201.001. DEFINITION. In this chapter, "district"
means Galveston County Road District No. 1. (New.)
Sec. 5201.002. NATURE OF DISTRICT. (a) Galveston County
Road District No. 1 is a defined road district created under Section
52, Article III, Texas Constitution, to:
(1) construct, maintain, or operate macadamized,
graveled, or paved roads and turnpikes; or
(2) aid an activity described by Subdivision (1).
(b) The district is a body corporate and a taxing district
under the constitution and laws of this state. (Acts 55th Leg.,
R.S., Ch. 66, Sec. 1.)
Sec. 5201.003. LEGISLATIVE FINDINGS. The legislature finds
that all land and other property in the district will benefit from:
(1) the creation of the district; and
(2) the construction, acquisition, and maintenance of
the improvements and facilities authorized by this chapter. (Acts
55th Leg., R.S., Ch. 66, Secs. 6 (part), 10.)
Sec. 5201.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 66, Acts
of the 55th Legislature, Regular Session, 1957, as that territory
may have been modified under other law.
(b) The Commissioners Court of Galveston County may
redefine the boundaries of the district contained in Section 2,
Chapter 66, Acts of the 55th Legislature, Regular Session, 1957, to
correct any error or omission in those boundaries. (Acts 55th Leg.,
R.S., Ch. 66, Sec. 3; New.)
Sec. 5201.005. GENERAL POWER OF DISTRICT. (a) In this
section, "road facility" means:
(1) a causeway, bridge, or tunnel;
(2) an immediate approach or a necessary fixture,
accessory, or equipment for a facility described by Subdivision
(1); or
(3) any combination of those facilities described by
Subdivision (1) or (2).
(b) The district may construct, acquire, improve, operate,
or maintain a road facility:
(1) in the district;
(2) from a point in the district to a point outside of
the district in Galveston County; or
(3) from a point in the district in, over, through, or
under the Gulf of Mexico or a bay or inlet opening into the gulf to a
point outside of the district and located in another county. (Acts
55th Leg., R.S., Ch. 66, Sec. 5 (part).)
Sec. 5201.006. APPLICABILITY OF CERTAIN OTHER LAW. (a) To
the extent it can be made applicable, Chapter 284, Transportation
Code, applies to:
(1) the issuance of bonds under this chapter; and
(2) the operation and maintenance of a road facility
constructed, acquired, or improved as provided by Section 5201.005.
(b) The district has all the rights, powers, and duties over
a road facility authorized by Section 5201.005 as are granted to or
imposed on a county by Chapter 284, Transportation Code. (Acts 55th
Leg., R.S., Ch. 66, Sec. 5 (part).)
[Sections 5201.007-5201.050 reserved for expansion]
SUBCHAPTER B. BONDS
Sec. 5201.051. GENERAL AUTHORITY TO ISSUE BONDS. (a) The
district may issue bonds to:
(1) construct, maintain, and operate macadamized,
graveled, or paved roads and turnpikes; and
(2) aid an activity described by Subdivision (1).
(b) The Commissioners Court of Galveston County may issue
bonds for the district in the same manner as provided by general law
for road district bonds. (Acts 55th Leg., R.S., Ch. 66, Secs. 4
(part), 5 (part).)
Sec. 5201.052. USE OF BOND PROCEEDS LIMITED. The proceeds
of bonds issued under this chapter may be spent only for the
construction, acquisition, improvement, operation, or maintenance
of a road facility as authorized by Section 5201.005. (Acts 55th
Leg., R.S., Ch. 66, Sec. 5 (part).)
Sec. 5201.053. SECURITY FOR BONDS. Bonds issued under this
chapter may be secured by:
(1) solely a pledge of revenues, in the manner and to
the extent prescribed for a county by Chapter 284, Transportation
Code;
(2) a pledge of, and making the bonds payable from, an
ad valorem tax authorized by Section 52(b), Article III, Texas
Constitution;
(3) designating a portion of the bonds to be secured
solely by a pledge of revenues as provided by Subdivision (1) and a
portion of the bonds to be secured by a pledge of an ad valorem tax
as provided by Subdivision (2); or
(4) a combination of the methods prescribed by
Subdivisions (1) and (2) through which all of the bonds are to be
supported and secured by a pledge of revenue and ad valorem tax, in
the manner and to the extent prescribed for a county by Chapter 284,
Transportation Code. (Acts 55th Leg., R.S., Ch. 66, Sec. 5 (part).)
Sec. 5201.054. AUTHORITY TO ISSUE AD VALOREM TAX BONDS. (a)
Bonds wholly or partly supported by an ad valorem tax may be issued
only if approved by a two-thirds vote of the qualified voters of the
district voting at an election held for that purpose.
(b) The district may impose an ad valorem tax to pay bonds
issued under this chapter as authorized by Section 52(b), Article
III, Texas Constitution.
(c) A hearing is not required on a petition for a bond
election under this section. (Acts 55th Leg., R.S., Ch. 66, Secs. 4
(part), 5 (part), 6 (part).)
Sec. 5201.055. AUTHORITY TO ISSUE REVENUE BONDS. The
district may issue bonds payable solely from revenue without:
(1) a petition for a bond election; or
(2) an election. (Acts 55th Leg., R.S., Ch. 66, Sec. 6
(part).)
Sec. 5201.056. MATURITY. Bonds issued under this chapter
must mature not later than 40 years after their date of issuance.
(Acts 55th Leg., R.S., Ch. 66, Secs. 6 (part), 7 (part).)
[Sections 5201.057-5201.100 reserved for expansion]
SUBCHAPTER C. TAXES
Sec. 5201.101. AUTHORITY TO IMPOSE MAINTENANCE TAX. (a) If
approved by a two-thirds vote of the qualified voters of the
district voting at an election held for that purpose, the
Commissioners Court of Galveston County may impose an annual ad
valorem tax at a rate not to exceed 20 cents on each $100 valuation
of taxable property in the district for the maintenance of the
district's improvements and facilities.
(b) An election under Subsection (a):
(1) does not require a petition;
(2) must be held in the same manner prescribed for a
bond election; and
(3) may be held at the same time as a bond election.
(c) Subsequent elections may be held on increasing,
reducing, or abating a maintenance tax not to exceed the limits
prescribed by Subsection (a). (Acts 55th Leg., R.S., Ch. 66, Sec.
9.)
SECTION 1.05. Subtitle D, Title 6, Special District Local
Laws Code, is amended by adding Chapters 7501 and 7502 to read as follows:
CHAPTER 7501. DONNA IRRIGATION DISTRICT, HIDALGO COUNTY NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7501.001. DEFINITION
Sec. 7501.002. NATURE OF DISTRICT
Sec. 7501.003. LEGISLATIVE FINDINGS
Sec. 7501.004. DISTRICT TERRITORY
Sec. 7501.005. NONAPPLICABILITY OF OTHER LAW
[Sections 7501.006-7501.050 reserved for expansion]
SUBCHAPTER B. DISTRICT POWERS
Sec. 7501.051. GENERAL POWERS
CHAPTER 7501. DONNA IRRIGATION DISTRICT, HIDALGO COUNTY NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7501.001. DEFINITION. In this chapter, "district"
means the Donna Irrigation District, Hidalgo County No. 1. (New.)
Sec. 7501.002. NATURE OF DISTRICT. (a) The district is a
conservation and reclamation district in Hidalgo County, Texas,
created under Section 59, Article XVI, Texas Constitution, for all
purposes of that section, including:
(1) the reclamation and irrigation of the district's
arid, semiarid, and other land that needs irrigation; and
(2) the reclamation and drainage of the district's
overflowed land and other land that needs drainage.
(b) The district is a political subdivision of this state.
(Acts 41st Leg., 4th C.S., Ch. 26, S.L., Secs. 1 (part), 10 (part);
Acts 57th Leg., R.S., Ch. 133, Sec. 1 (part); Acts 57th Leg., R.S.,
Ch. 247, Sec. 1 (part).)
Sec. 7501.003. LEGISLATIVE FINDINGS. The legislature
finds that:
(1) the district is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution; and
(2) the creation of the district as a conservation and
reclamation district:
(A) will result in:
(i) material benefits and improvements to
district territory; and
(ii) the increase of the taxable value of
property in the district;
(B) benefits all property in the district; and
(C) will result in material benefit to that
section of the state. (Acts 41st Leg., 4th C.S., Ch. 26, S.L.,
Secs. 1 (part), 10 (part), 12 (part).)
Sec. 7501.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1, Chapter 26,
Special Laws, Acts of the 41st Legislature, 4th Called Session,
1930; Section 1, Chapter 108, Acts of the 56th Legislature, Regular
Session, 1959; Section 1, Chapter 133, Acts of the 57th
Legislature, Regular Session, 1961; and Section 1, Chapter 247,
Acts of the 57th Legislature, Regular Session, 1961, as that
territory may have been modified under:
(1) Chapter 25, General Laws, Acts of the 39th
Legislature, Regular Session, 1925 (Article 7880-1 et seq.,
Vernon's Texas Civil Statutes), before August 30, 1971;
(2) Chapter 3, General Laws, Acts of the 46th
Legislature, Regular Session, 1939 (Article 7775c-1, Vernon's
Texas Civil Statutes), before August 30, 1971;
(3) Subchapter O, Chapter 51, Water Code, before
December 15, 1978;
(4) Subchapter J, Chapter 49, Water Code, as
restricted by Section 7501.005 of this code;
(5) Subchapter N, Chapter 58, Water Code; or
(6) other law. (New.)
Sec. 7501.005. NONAPPLICABILITY OF OTHER LAW. Sections
49.303-49.308 and 58.501-58.509, Water Code, do not apply to the
district. (Acts 41st Leg., 4th C.S., Ch. 26, S.L., Sec. 1 (part).)
[Sections 7501.006-7501.050 reserved for expansion]
SUBCHAPTER B. DISTRICT POWERS
Sec. 7501.051. GENERAL POWERS. The district has:
(1) the powers of a conservation and reclamation
district under Section 59, Article XVI, Texas Constitution, and the
general laws of this state; and
(2) the powers of government and the authority to
exercise the rights, privileges, and functions that are conferred
by this chapter and the general laws of this state. (Acts 41st Leg., 4th C.S., Ch. 26, S.L., Secs. 1 (part), 10 (part).)
CHAPTER 7502. LAKE PROCTOR IRRIGATION AUTHORITY
OF COMANCHE COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7502.001. DEFINITIONS
Sec. 7502.002. NATURE OF AUTHORITY; POLITICAL
SUBDIVISION
Sec. 7502.003. LEGISLATIVE FINDINGS
Sec. 7502.004. AUTHORITY BOUNDARIES
[Sections 7502.005-7502.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7502.051. COMPOSITION
Sec. 7502.052. QUALIFICATIONS
Sec. 7502.053. APPOINTMENT OF DIRECTORS BY COMMISSION;
TERM
Sec. 7502.054. RECOMMENDATION BY LANDOWNERS
Sec. 7502.055. RECOMMENDATION OF DIRECTOR FOLLOWING
REJECTION BY COMMISSION
Sec. 7502.056. VACANCIES
Sec. 7502.057. COMPENSATION
Sec. 7502.058. REGULAR BOARD MEETINGS
[Sections 7502.059-7502.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7502.101. GENERAL RIGHTS, POWERS, PRIVILEGES,
FUNCTIONS, AND DUTIES
Sec. 7502.102. GENERAL POWERS OF BOARD
Sec. 7502.103. AWARD OF CERTAIN CONTRACTS
Sec. 7502.104. EXCLUSION OF LAND
Sec. 7502.105. FAILURE TO REPAIR OR IMPROVE
[Sections 7502.106-7502.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7502.151. USE OF BOND PROCEEDS FROM PREVIOUS
DISTRICT
Sec. 7502.152. AD VALOREM TAXES PROHIBITED
Sec. 7502.153. ASSESSMENTS FOR COSTS AND EXPENSES
[Sections 7502.154-7502.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 7502.201. AUTHORITY TO ISSUE REVENUE BONDS
Sec. 7502.202. PURPOSE OF BONDS
Sec. 7502.203. SECURITY FOR REVENUE BONDS
Sec. 7502.204. MATURITY OF BONDS
Sec. 7502.205. CAPITALIZED INTEREST AND DISCOUNT ON
BONDS
Sec. 7502.206. VALIDATION OF BONDS
CHAPTER 7502. LAKE PROCTOR IRRIGATION AUTHORITY
OF COMANCHE COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7502.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Lake Proctor Irrigation
Authority of Comanche County, Texas.
(2) "Board" means the board of directors of the
authority.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a member of the board. (Acts 71st
Leg., R.S., Ch. 522, Sec. 1 (part); New.)
Sec. 7502.002. NATURE OF AUTHORITY; POLITICAL SUBDIVISION.
The Lake Proctor Irrigation Authority of Comanche County, Texas,
is:
(1) a conservation and reclamation district under
Section 59, Article XVI, Texas Constitution; and
(2) a political subdivision of this state. (Acts 71st
Leg., R.S., Ch. 522, Sec. 1 (part).)
Sec. 7502.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) this chapter will accomplish the purposes of
Section 59, Article XVI, Texas Constitution;
(2) all land and other property included in the
authority's boundaries will benefit from the works, projects, and
operations of the authority; and
(3) the authority serves a public use and benefit.
(Acts 71st Leg., R.S., Ch. 522, Sec. 7 (part).)
Sec. 7502.004. AUTHORITY BOUNDARIES. (a) The authority is
composed of the territory described by Section 4(a), Chapter 522,
Acts of the 71st Legislature, Regular Session, 1989, as that
territory may have been modified under:
(1) Subchapter N, Chapter 58, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The legislature finds that the boundaries of the
authority form a closure. If any mistake exists in the description
of the authority's boundaries, the mistake does not affect:
(1) the authority's organization, existence, or
validity; or
(2) the exercise of a power, function, or purpose by
the authority under this chapter. (Acts 71st Leg., R.S., Ch. 522,
Sec. 4(b); New.)
[Sections 7502.005-7502.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7502.051. COMPOSITION. The board consists of five
directors. (Acts 71st Leg., R.S., Ch. 522, Sec. 8(a) (part).)
Sec. 7502.052. QUALIFICATIONS. A director must:
(1) be at least 18 years of age; and
(2) own land, or an interest in land in the authority,
directly or as an interest in an entity owning that land at the time
of the person's appointment as a director. (Acts 71st Leg., R.S.,
Ch. 522, Sec. 8(a) (part).)
Sec. 7502.053. APPOINTMENT OF DIRECTORS BY COMMISSION;
TERM. The commission shall:
(1) appoint a person recommended to the board under
Section 7502.054 or 7502.055 for a four-year term; or
(2) reject the person recommended. (Acts 71st Leg.,
R.S., Ch. 522, Secs. 8(b) (part), (c) (part).)
Sec. 7502.054. RECOMMENDATION BY LANDOWNERS. (a) The
board shall seek recommendations from the landowners in the
authority for the appointment of directors. The board shall take a
recommendation for each director whose term expires in January
following the annual board meeting held in odd-numbered years.
(b) To determine a recommendation, the board shall conduct a
written poll of the landowners in the authority in attendance at the
annual board meeting held in odd-numbered years.
(c) For each recommendation taken, a landowner is entitled
to one vote for each acre of land the person owns in the authority.
Cumulative voting for recommendations is not permitted.
(d) The board shall submit to the Texas Commission on
Environmental Quality the name of the person receiving the most
votes for each recommendation taken. (Acts 71st Leg., R.S., Ch.
522, Sec. 8(c) (part).)
Sec. 7502.055. RECOMMENDATION OF DIRECTOR FOLLOWING
REJECTION BY COMMISSION. (a) If the commission rejects a
recommendation submitted by the board, the board shall hold a
special meeting of landowners not later than the 20th day after the
date notice of the meeting is mailed to the landowners in the
authority.
(b) At the special meeting, the board shall conduct a
written poll and submit the results of the poll to the commission in
the same manner as the poll conducted at the annual meeting.
(c) The board shall hold subsequent special meetings as
needed for the appointment of the appropriate number of directors.
(Acts 71st Leg., R.S., Ch. 522, Sec. 8(c) (part).)
Sec. 7502.056. VACANCIES. A vacancy on the board is filled
for the remainder of the unexpired term by appointment by:
(1) the remaining directors, if three or more
directors remain on the board; or
(2) the Texas Commission on Environmental Quality, if
fewer than three directors remain on the board. (Acts 71st Leg.,
R.S., Ch. 522, Sec. 8(d).)
Sec. 7502.057. COMPENSATION. Unless the board by
resolution increases the fee to an amount authorized by Section
49.060, Water Code, each director shall receive a fee of $50 for
each day spent performing official duties as a director, not to
exceed $200 per month. (Acts 71st Leg., R.S., Ch. 522, Sec. 8(f)
(part).)
Sec. 7502.058. REGULAR BOARD MEETINGS. The board shall
hold regular meetings at least annually. (Acts 71st Leg., R.S., Ch.
522, Sec. 8(g) (part).)
[Sections 7502.059-7502.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7502.101. GENERAL RIGHTS, POWERS, PRIVILEGES,
FUNCTIONS, AND DUTIES. The authority has the rights, powers,
privileges, functions, and duties provided by general law,
including Chapter 58, Water Code, applicable to irrigation
districts. (Acts 71st Leg., R.S., Ch. 522, Sec. 2 (part).)
Sec. 7502.102. GENERAL POWERS OF BOARD. The board shall
provide for:
(1) the proper execution of all contracts,
disbursements, and transfers;
(2) the investment of money; and
(3) the handling of any other matter authorized by the
board and recorded in the official minutes of the authority. (Acts
71st Leg., R.S., Ch. 522, Sec. 8(e) (part).)
Sec. 7502.103. AWARD OF CERTAIN CONTRACTS. (a) The
authority may award a contract for more than $25,000 for the
construction of water system improvements or the purchase of
materials and machinery only after publishing notice of the
proposed construction or purchase contract in a newspaper of
general circulation in Comanche County.
(b) Notice under Subsection (a) must be published once a
week for two consecutive weeks, with the first publication
occurring at least 14 days before the date sealed bids are opened.
(Acts 71st Leg., R.S., Ch. 522, Sec. 9.)
Sec. 7502.104. EXCLUSION OF LAND. (a) If the authority has
no outstanding bonds, the board may exclude land or other property
from the authority under Subchapter J, Chapter 49, Water Code.
(b) The board may require a petitioner for exclusion to:
(1) pay the authority:
(A) the fair market value of submains, lateral
lines, surface lines, and emitters located on land disannexed from
the authority; and
(B) the actual cost of disconnecting submains,
lateral lines, surface lines, and emitters located on land
disannexed from the authority; and
(2) provide, without charge, an easement across the
excluded land if, in the opinion of the board, the easement is
necessary for the authority to continue to serve other property in
the authority effectively and efficiently.
(c) For purposes of Subsection (b), the fair market value
must be determined by an independent appraisal unless the fair
market value is mutually agreed on. (Acts 71st Leg., R.S., Ch. 522,
Secs. 6(b), (c), 13(a) (part), (b).)
Sec. 7502.105. FAILURE TO REPAIR OR IMPROVE. (a) If the
board finds that the failure or refusal of a landowner receiving
water from the authority to make repairs or improvements to any of
the landowner's water lines connected to the authority's water
system adversely affects the system, the board may:
(1) discontinue service to the land; or
(2) give notice to the landowner that the board will
make necessary repairs or improvements and demand payment from the
landowner for the costs incurred unless the landowner makes the
repairs or improvements not later than the 10th day after the date
the landowner receives the notice.
(b) If the board discontinues service to the land, the
authority shall immediately give notice to the landowner.
(c) The notice and the 10-day period for the landowner to
make repairs or improvements under Subsection (a)(2) does not apply
if there is an urgent necessity to make the repairs or improvements
immediately to protect and conserve the authority's water supply.
(Acts 71st Leg., R.S., Ch. 522, Sec. 14.)
[Sections 7502.106-7502.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7502.151. USE OF BOND PROCEEDS FROM PREVIOUS DISTRICT.
The authority may use any bond or bond retirement funds not canceled
under Section 3, Chapter 522, Acts of the 71st Legislature, Regular
Session, 1989, for any lawful purpose. (Acts 71st Leg., R.S., Ch.
522, Sec. 3 (part).)
Sec. 7502.152. AD VALOREM TAXES PROHIBITED. The authority
may not impose an ad valorem tax. (Acts 71st Leg., R.S., Ch. 522,
Sec. 3 (part).)
Sec. 7502.153. ASSESSMENTS FOR COSTS AND EXPENSES. (a)
Before October 1 of each year, or as soon after that date as
practicable, the board shall:
(1) estimate the total costs and expenses to be
incurred by the authority during the ensuing fiscal year for the
proper maintenance and operation of the authority's facilities,
including any necessary reserves and replacement funds; and
(2) impose assessments to provide money to pay those
costs and expenses.
(b) The board, in its discretion, shall determine the costs
and expenses that will be paid by:
(1) an assessment on all of the land in the authority
on a per acre basis; and
(2) an assessment on a prorated basis on all persons
who use or apply to use the authority's water.
(c) The board shall:
(1) determine the time at which payment of an
assessment is due;
(2) provide a penalty for late payment;
(3) provide for collection charges and termination of
water service for delinquent accounts;
(4) allow an assessment to be paid in periodic
installments;
(5) allow a reasonable discount for lump-sum payment
of an assessment; and
(6) adopt any other rules regarding assessments and
use of the authority's water the board determines necessary for
proper and efficient operation and maintenance of the authority's
facilities. (Acts 71st Leg., R.S., Ch. 522, Sec. 11.)
[Sections 7502.154-7502.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 7502.201. AUTHORITY TO ISSUE REVENUE BONDS. The board
may issue revenue bonds of the authority. (Acts 71st Leg., R.S.,
Ch. 522, Sec. 12(a) (part).)
Sec. 7502.202. PURPOSE OF BONDS. Bonds sold under this
subchapter must be for the purpose of:
(1) constructing improvements, additions, and
extensions to the authority's water system and rebuilding,
replacing, or protecting the water system as required to provide
efficient service;
(2) acquiring necessary sites and easements; and
(3) paying any incidental costs, professional fees,
and costs of issuance of the bonds. (Acts 71st Leg., R.S., Ch. 522,
Sec. 12(a) (part).)
Sec. 7502.203. SECURITY FOR REVENUE BONDS. (a) The
principal of and interest on revenue bonds issued under this
subchapter and the redemption price of the bonds must be secured by
and payable solely from a pledge of all or any part of designated
revenue resulting from the operations of the authority's water
system.
(b) The board additionally may secure revenue bonds issued
under this subchapter by a deed of trust or mortgage lien on all or
part of the physical facilities of the authority as provided by
Section 54.504, Water Code.
(c) The holders of revenue bonds issued under this
subchapter may not demand payment from money raised or to be raised
from taxation. (Acts 71st Leg., R.S., Ch. 522, Sec. 12(a) (part).)
Sec. 7502.204. MATURITY OF BONDS. Revenue bonds issued
under this subchapter may be issued to mature within 30 years after
the date of issuance. (Acts 71st Leg., R.S., Ch. 522, Sec. 12(a)
(part).)
Sec. 7502.205. CAPITALIZED INTEREST AND DISCOUNT ON BONDS.
(a) Capitalized interest on bonds issued under this subchapter may
not exceed two years.
(b) A discount on bonds issued under this subchapter may not
exceed five percent of the par value of the bonds. (Acts 71st Leg.,
R.S., Ch. 522, Sec. 12(a) (part).)
Sec. 7502.206. VALIDATION OF BONDS. The board may file suit
to validate bonds in the manner provided by Section 58.453, Water
Code. (Acts 71st Leg., R.S., Ch. 522, Sec. 12(a) (part).)
SECTION 1.06. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapters 8104, 8105, and 8106 to read as follows:
CHAPTER 8104. BAYTOWN AREA WATER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8104.001. DEFINITIONS
Sec. 8104.002. NATURE OF AUTHORITY
Sec. 8104.003. FINDING OF BENEFIT AND PUBLIC PURPOSE
Sec. 8104.004. STATE POLICY REGARDING WASTE DISPOSAL
Sec. 8104.005. OTHER DISTRICTS REQUIRED TO CONTRACT
WITH AUTHORITY
Sec. 8104.006. RELATIONSHIP TO GULF COAST WASTE
DISPOSAL AUTHORITY
Sec. 8104.007. RELATIONSHIP TO OTHER DISTRICTS
Sec. 8104.008. RIGHTS, POWERS, PRIVILEGES, AND
FUNCTIONS OF MUNICIPAL UTILITY
DISTRICTS
[Sections 8104.009-8104.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY
Sec. 8104.051. DISTRICT TERRITORY
Sec. 8104.052. ANNEXATION OF TERRITORY; BONDS
Sec. 8104.053. EXCLUSION OF TERRITORY; HEARING
[Sections 8104.054-8104.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8104.101. COMPOSITION
Sec. 8104.102. ELIGIBILITY TO SERVE
Sec. 8104.103. TERMS
Sec. 8104.104. VACANCIES
Sec. 8104.105. OFFICERS
Sec. 8104.106. DIRECTOR'S BOND
Sec. 8104.107. VOTING REQUIREMENT
Sec. 8104.108. SIGNATURE FOR BOARD ACTIONS
[Sections 8104.109-8104.150 reserved for expansion]
SUBCHAPTER D. OTHER ADMINISTRATIVE PROVISIONS
Sec. 8104.151. GENERAL MANAGER
Sec. 8104.152. POWERS AND DUTIES OF GENERAL MANAGER
Sec. 8104.153. BOND OF GENERAL MANAGER AND CERTAIN
EMPLOYEES
Sec. 8104.154. CONTRACT WITH CITY OF BAYTOWN FOR
ADMINISTRATIVE FUNCTIONS
[Sections 8104.155-8104.200 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES
Sec. 8104.201. WATER SUPPLY AND DISTRIBUTION
Sec. 8104.202. FACILITIES FOR WATER TRANSPORTATION AND
DISTRIBUTION
Sec. 8104.203. WASTE SERVICES
Sec. 8104.204. CONTRACTS
Sec. 8104.205. CONSENT REQUIRED FOR WASTE TREATMENT
AND DISPOSAL FACILITIES
Sec. 8104.206. ACQUISITION OF WATER RIGHTS NOT
PREVENTED
Sec. 8104.207. ELECTION NOT REQUIRED TO APPROVE
CONTRACTS
Sec. 8104.208. COST OF RELOCATING PROPERTY
[Sections 8104.209-8104.250 reserved for expansion]
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 8104.251. FISCAL YEAR
Sec. 8104.252. AUTHORITY DEPOSITORY
Sec. 8104.253. INVESTMENT AUTHORITY
Sec. 8104.254. RENTS, RATES, FEES, AND CHARGES
Sec. 8104.255. GRANTS AND ASSISTANCE
Sec. 8104.256. PROPERTY TAX PROHIBITION
[Sections 8104.257-8104.300 reserved for expansion]
SUBCHAPTER G. BONDS AND NOTES
Sec. 8104.301. BORROWING THROUGH BONDS OR NOTES
Sec. 8104.302. REFUNDING BONDS
Sec. 8104.303. FORM OF BONDS; LIABILITY
Sec. 8104.304. MATURITY
Sec. 8104.305. RESOLUTION AND TRUST INDENTURE
PROVISIONS
Sec. 8104.306. SECURITY FOR BONDS OR NOTES
Sec. 8104.307. TRUST INDENTURE
Sec. 8104.308. ADDITIONAL SECURITY
Sec. 8104.309. REVIEW AND APPROVAL OF CONTRACTS
RELATING TO BONDS OR NOTES
Sec. 8104.310. BONDS AND NOTES EXEMPT FROM TAXATION
Sec. 8104.311. BOND OR NOTE SALE PROCEEDS
Sec. 8104.312. INVESTMENT OF FUNDS AND USE OF PROCEEDS
Sec. 8104.313. APPOINTMENT OF RECEIVER
Sec. 8104.314. ENFORCEMENT
Sec. 8104.315. STATE PLEDGE REGARDING RIGHTS AND
REMEDIES OF BOND OR NOTE HOLDERS
Sec. 8104.316. LIMITATION ON RIGHT OF BOND OR NOTE
HOLDERS
CHAPTER 8104. BAYTOWN AREA WATER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8104.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Baytown Area Water
Authority.
(2) "Board" means the authority's board of directors.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 1 (part); New.)
Sec. 8104.002. NATURE OF AUTHORITY. The Baytown Area Water
Authority is a conservation and reclamation district in Harris
County created under Section 59, Article XVI, Texas Constitution.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 1 (part).)
Sec. 8104.003. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a)
The authority is created to serve a public use and benefit.
(b) All land and other property included in the authority
and land and property that feasibly may be served by the authority
will benefit from the works and projects to be accomplished by the
authority under powers conferred by Section 59, Article XVI, Texas
Constitution.
(c) The creation of the authority is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution. (Acts 63rd Leg., R.S., Ch. 600, Secs. 1 (part), 3.)
Sec. 8104.004. STATE POLICY REGARDING WASTE DISPOSAL. The
powers and functions conferred on the authority are subject to the
state policy of encouraging the development and use of integrated
area-wide waste collection, treatment, and disposal systems to
serve the waste disposal needs of the state's residents, if
integrated systems can reasonably be provided for an area, so as to
avoid the economic burden on residents and the effect on state water
quality caused by the construction and operation of numerous small
waste collection, treatment, and disposal facilities. (Acts 63rd
Leg., R.S., Ch. 600, Sec. 5, Subsec. A (part).)
Sec. 8104.005. OTHER DISTRICTS REQUIRED TO CONTRACT WITH
AUTHORITY. To encourage the policy provided by Section 8104.004
and to prevent wasteful duplication, each conservation and
reclamation district that is created in the authority after June
15, 1973, shall contract with the authority to provide facilities
and services that the authority is authorized to provide under this
chapter if the authority:
(1) has those facilities and services; or
(2) determines it can provide those facilities and
services. (Acts 63rd Leg., R.S., Ch. 600, Sec. 9, Subsec. B
(part).)
Sec. 8104.006. RELATIONSHIP TO GULF COAST WASTE DISPOSAL
AUTHORITY. The rights, powers, privileges, and functions granted
to the authority under this chapter are subject to the powers
granted to the Gulf Coast Waste Disposal Authority in Chapter 409,
Acts of the 61st Legislature, Regular Session, 1969 (Article
7621d-2, Vernon's Texas Civil Statutes), to provide disposal
systems. (Acts 63rd Leg., R.S., Ch. 600, Sec. 5, Subsec. E (part).)
Sec. 8104.007. RELATIONSHIP TO OTHER DISTRICTS. This
chapter does not prevent the organization of or a change in the
boundaries of a conservation and reclamation district in the
authority as authorized by Section 52, Article III, or Section 59,
Article XVI, Texas Constitution. (Acts 63rd Leg., R.S., Ch. 600,
Sec. 9, Subsec. B (part).)
Sec. 8104.008. RIGHTS, POWERS, PRIVILEGES, AND FUNCTIONS OF
MUNICIPAL UTILITY DISTRICTS. The authority has all of the rights,
powers, privileges, and functions provided by the general laws of
this state applicable to municipal utility districts, including
Chapter 54, Water Code. (Acts 63rd Leg., R.S., Ch. 600, Sec. 5,
Subsec. A (part).)
[Sections 8104.009-8104.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY
Sec. 8104.051. DISTRICT TERRITORY. (a) The authority is
composed of the territory described by Section 4, Chapter 600, Acts
of the 63rd Legislature, Regular Session, 1973, as that territory
may have been modified under:
(1) Section 8104.052 or 8104.053 or their predecessor
statutes, former Sections 7 and 8, Chapter 600, Acts of the 63rd
Legislature, Regular Session, 1973;
(2) Subchapter H, Chapter 54, Water Code;
(3) Subchapter J, Chapter 49, Water Code; or
(4) other law.
(b) The boundaries and field notes of the authority
contained in Section 4, Chapter 600, Acts of the 63rd Legislature,
Regular Session, 1973, form a closure. A mistake made in the field
notes or in copying the field notes in the legislative process does
not affect:
(1) the authority's organization, existence, or
validity;
(2) the authority's right to issue revenue bonds or
revenue refunding bonds for a purpose for which the authority is
created or to pay the principal of and interest on the bonds; or
(3) the legality or operation of the authority or the
board. (Acts 63rd Leg., R.S., Ch. 600, Sec. 2; New.)
Sec. 8104.052. ANNEXATION OF TERRITORY; BONDS. (a) Land
may be added or annexed to the authority under Subchapter J, Chapter
49, and Subchapter H, Chapter 54, Water Code:
(1) without the consent of any municipality under
Section 42.042, Local Government Code; and
(2) regardless of whether the authority has issued
revenue bonds.
(b) A change in the authority's boundaries under this
section does not affect the validity of the authority's bonds.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 8.)
Sec. 8104.053. EXCLUSION OF TERRITORY; HEARING. (a) The
board is not required to call or hold a hearing on the exclusion of
land or other property from the authority.
(b) The board on its own motion may call and hold one or more
hearings on the exclusion of land or other property from the
authority in the manner provided by general law. (Acts 63rd Leg.,
R.S., Ch. 600, Sec. 7 (part).)
[Sections 8104.054-8104.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8104.101. COMPOSITION. The authority is governed by a
board of five directors appointed by the Baytown City Council.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 10, Subsec. A (part).)
Sec. 8104.102. ELIGIBILITY TO SERVE. (a) One director must
reside outside the city limits of the city of Baytown but in the
authority's boundaries.
(b) A person serving as a director may not serve during the
person's term as a member of the Baytown City Council. (Acts 63rd
Leg., R.S., Ch. 600, Sec. 10, Subsec. A (part).)
Sec. 8104.103. TERMS. Directors serve staggered terms of
two years with the terms of the directors serving Positions 1 and 2
expiring September 1 of each even-numbered year and the terms of the
directors serving Positions 3, 4, and 5 expiring September 1 of each
odd-numbered year. (Acts 63rd Leg., R.S., Ch. 600, Sec. 10, Subsec.
A (part).)
Sec. 8104.104. VACANCIES. The Baytown City Council shall
fill any vacancy occurring on the board by appointing a director for
the unexpired term. (Acts 63rd Leg., R.S., Ch. 600, Sec. 10,
Subsec. A (part).)
Sec. 8104.105. OFFICERS. (a) The board shall elect a
president, vice president, secretary, and any other officers the
board considers necessary at the board's first meeting:
(1) in September of each year; or
(2) after the annual vacancies are filled as provided
by this subchapter and the newly appointed directors are qualified.
(b) When the president is absent or fails or declines to
act, the vice president shall perform all duties and exercise all
power this chapter or general law gives the president. (Acts 63rd
Leg., R.S., Ch. 600, Sec. 10, Subsec. C (part).)
Sec. 8104.106. DIRECTOR'S BOND. (a) A director shall
execute a bond for $5,000 conditioned on the faithful performance
of the director's duties.
(b) The bond must be recorded in a record kept for that
purpose in the authority's office. (Acts 63rd Leg., R.S., Ch. 600,
Sec. 10, Subsec. B (part).)
Sec. 8104.107. VOTING REQUIREMENT. The concurrence of a
majority of the directors who are present and voting at a board
meeting is sufficient for matters relating to the authority's
business, including:
(1) letting construction work and related matters; and
(2) purchasing existing facilities. (Acts 63rd Leg.,
R.S., Ch. 600, Sec. 10, Subsec. E.)
Sec. 8104.108. SIGNATURE FOR BOARD ACTIONS. An order
adopted or other action taken at a board meeting at which the
president is absent may be signed by:
(1) the vice president; or
(2) the president with board authorization. (Acts
63rd Leg., R.S., Ch. 600, Sec. 10, Subsec. C (part).)
[Sections 8104.109-8104.150 reserved for expansion]
SUBCHAPTER D. OTHER ADMINISTRATIVE PROVISIONS
Sec. 8104.151. GENERAL MANAGER. (a) The city manager of
the City of Baytown is the authority's general manager.
(b) If the position of city manager is abolished, the chief
executive officer of the City of Baytown or the officer's designee
is the authority's general manager.
(c) The authority's general manager serves without
compensation paid by the board. (Acts 63rd Leg., R.S., Ch. 600,
Sec. 11, Subsec. A.)
Sec. 8104.152. POWERS AND DUTIES OF GENERAL MANAGER. (a)
The general manager is the authority's chief executive officer.
(b) The general manager, under policies established by the
board, shall:
(1) administer the board's directives;
(2) keep the authority's records, including minutes of
board meetings;
(3) coordinate with state, federal, and local
agencies;
(4) develop plans and programs for the board's
approval;
(5) formulate a budget for the authority's fiscal
year, as provided by this chapter, subject to the approval of the
board and the Baytown City Council;
(6) hire, supervise, train, and discharge the
authority's employees;
(7) contract for or retain technical, scientific,
legal, fiscal, and other professional services; and
(8) perform other duties assigned by the board.
(c) At the board's direction, the general manager may
execute a contract, including a construction contract, the board
enters into for the authority. (Acts 63rd Leg., R.S., Ch. 600, Sec.
10, Subsec. D; Sec. 11, Subsec. B.)
Sec. 8104.153. BOND OF GENERAL MANAGER AND CERTAIN
EMPLOYEES. (a) The general manager and each employee of the
authority charged with the collection, custody, or payment of the
authority's money shall execute a fidelity bond.
(b) The board must approve the form, amount, and surety of
each bond.
(c) The authority shall pay the premium on each bond. (Acts
63rd Leg., R.S., Ch. 600, Sec. 11, Subsec. C.)
Sec. 8104.154. CONTRACT WITH CITY OF BAYTOWN FOR
ADMINISTRATIVE FUNCTIONS. (a) In this section, "administrative
functions" has the meaning assigned by Section 791.003, Government
Code.
(b) The authority shall offer to enter into an interlocal
contract under Chapter 791, Government Code, with the City of
Baytown for the performance of administrative functions. (Acts
63rd Leg., R.S., Ch. 600, Sec. 11, Subsec. D.)
[Sections 8104.155-8104.200 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES
Sec. 8104.201. WATER SUPPLY AND DISTRIBUTION. The
authority may:
(1) acquire surface water or groundwater supplies from
sources in or outside of the authority; and
(2) conserve, store, transport, treat, purify,
distribute, sell, and deliver surface water or groundwater to a
public or private corporation, a political subdivision of this
state, or any other person in or outside of the authority. (Acts
63rd Leg., R.S., Ch. 600, Sec. 5, Subsec. B (part).)
Sec. 8104.202. FACILITIES FOR WATER TRANSPORTATION AND
DISTRIBUTION. (a) The authority may construct, maintain, and
operate a canal, lateral, ditch, levee, pipeline, or other facility
to transport and distribute water, together with a service road or
other facility incidental to or designed for use in connection with
transportation and distribution of water, under, along, and across
a:
(1) railroad;
(2) railroad right-of-way;
(3) canal;
(4) stream;
(5) pipeline;
(6) utility line;
(7) street or alley in a municipality, subject to
reasonable regulation by the municipality; or
(8) public road or highway.
(b) In crossing a facility described by Subsection (a), the
authority:
(1) may not impair the use of the facility; and
(2) shall promptly restore the facility to its former
condition of usefulness. (Acts 63rd Leg., R.S., Ch. 600, Sec. 13,
Subsec. A.)
Sec. 8104.203. WASTE SERVICES. The authority may collect
and transport the domestic, industrial, or communal waste of an
entity described by Section 8104.201(2), for the purposes provided
by Chapter 30, Water Code, or for other purposes. (Acts 63rd Leg.,
R.S., Ch. 600, Sec. 5, Subsec. B (part).)
Sec. 8104.204. CONTRACTS. (a) The authority may:
(1) contract with a public or private corporation, a
political subdivision of this state, including the City of Baytown,
or any other person, on terms the board considers desirable, fair,
and advantageous, for the performance of the authority's rights and
powers under this chapter; and
(2) contract with another person to transport that
person's water.
(b) Before the authority enters into a contract under this
section, other than a contract between the authority and the City of
Baytown, the Baytown City Council must approve the contract.
(c) The period of a contract under Subsection (a)(1) may not
exceed 40 years. The contract may provide that it continues in
effect until bonds issued by the authority to finance the cost of
facilities authorized by this chapter and refunding bonds issued in
place of those bonds are paid.
(d) Section 402.014, Local Government Code, applies to any
contract between the authority and a municipality, including the
City of Baytown. (Acts 63rd Leg., R.S., Ch. 600, Sec. 5, Subsec. B
(part).)
Sec. 8104.205. CONSENT REQUIRED FOR WASTE TREATMENT AND
DISPOSAL FACILITIES. Before acquiring or constructing a waste
treatment or disposal facility, the authority must obtain the
consent of the:
(1) Gulf Coast Waste Disposal Authority; or
(2) Texas Commission on Environmental Quality, if the
consent of the Gulf Coast Waste Disposal Authority is unreasonably
withheld or delayed. (Acts 63rd Leg., R.S., Ch. 600, Sec. 5,
Subsec. E (part).)
Sec. 8104.206. ACQUISITION OF WATER RIGHTS NOT PREVENTED.
This chapter does not prevent the authority from acquiring water
rights under any law or permit if the acquisition is approved by
order or later permit from the Texas Commission on Environmental
Quality. (Acts 63rd Leg., R.S., Ch. 600, Sec. 5, Subsec. D.)
Sec. 8104.207. ELECTION NOT REQUIRED TO APPROVE CONTRACTS.
The authority is not required to hold an election to approve a
contract with a political subdivision for services described by
this chapter. (Acts 63rd Leg., R.S., Ch. 600, Sec. 5, Subsec. C.)
Sec. 8104.208. COST OF RELOCATING PROPERTY. (a) In this
section, "sole expense" means the actual cost of relocating,
raising, lowering, rerouting, changing the grade of, or altering
the construction of a facility described by Subsection (b) in
providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the authority, in the exercise of the power of
eminent domain, the power of relocation, or any other power granted
under this chapter, makes necessary the relocating, raising,
rerouting, changing the grade of, or altering the construction of a
highway, a railroad, an electric transmission line, a pipeline, or
a telephone or telegraph property or facility, the necessary
relocation, raising, rerouting, changing the grade of, or
alteration of construction shall be accomplished at the sole
expense of the authority. (Acts 63rd Leg., R.S., Ch. 600, Sec. 13,
Subsec. B.)
[Sections 8104.209-8104.250 reserved for expansion]
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 8104.251. FISCAL YEAR. The authority's fiscal year is
from October 1 to September 30, unless the board changes the fiscal
year. (Acts 63rd Leg., R.S., Ch. 600, Sec. 14 (part).)
Sec. 8104.252. AUTHORITY DEPOSITORY. (a) With the prior
approval of the Baytown City Council, the board shall select one or
more banks in this state to act as depository for the authority's
money.
(b) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
shall be secured in the manner provided by law for the security of
the City of Baytown's money. (Acts 63rd Leg., R.S., Ch. 600, Sec.
14 (part).)
Sec. 8104.253. INVESTMENT AUTHORITY. The authority may
invest:
(1) money held in any sinking fund, reserve fund, or
other fund; or
(2) money not required for immediate use or
disbursement in the securities as provided by this chapter. (Acts
63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. A (part).)
Sec. 8104.254. RENTS, RATES, FEES, AND CHARGES. (a) The
authority may:
(1) set, charge, alter, and collect a reasonable rent,
rate, fee, or other charge for the use of a facility or for a service
rendered by the authority; and
(2) provide for the imposition of a reasonable penalty
for a delinquent rent, rate, fee, or charge.
(b) The authority shall set, charge, alter, and collect
rent, rates, fees, and charges in amounts that are sufficient to
produce revenue adequate to fulfill an agreement with the holders
of bonds or notes issued under this chapter. (Acts 63rd Leg., R.S.,
Ch. 600, Sec. 12, Subsec. A (part).)
Sec. 8104.255. GRANTS AND ASSISTANCE. The authority may:
(1) apply for, accept, and administer a grant, loan,
or other assistance from the United States, this state, or another
state to carry out the purpose of this chapter; and
(2) enter into an agreement as provided by the
authority in connection with the grant, loan, or other assistance.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. A (part).)
Sec. 8104.256. PROPERTY TAX PROHIBITION. The authority may
not:
(1) impose a tax on real, personal, or mixed property;
or
(2) issue a bond or create debt payable directly from
ad valorem taxes imposed by the authority. (Acts 63rd Leg., R.S.,
Ch. 600, Sec. 9, Subsec. A.)
[Sections 8104.257-8104.300 reserved for expansion]
SUBCHAPTER G. BONDS AND NOTES
Sec. 8104.301. BORROWING THROUGH BONDS OR NOTES. (a) After
the action is approved by the Baytown City Council, the authority
may borrow money to carry out any power granted to the authority by:
(1) issuing and selling revenue bonds or negotiable or
nonnegotiable notes payable from and secured by the sources
described in this chapter; and
(2) delivering the bonds or notes to the United States
or to this state when it is determined by the board to be in the best
interest of the authority.
(b) The bonds or notes must be authorized by a board
resolution in which a majority of the board's membership concurs.
(c) The board must provide the terms of the bonds or notes
and the rights of the holders of the bonds or notes.
(d) The Baytown City Council must approve the bonds or notes
before they are issued.
(e) The board is not required to hold an election before
issuing and selling revenue bonds. (Acts 63rd Leg., R.S., Ch. 600,
Sec. 12, Subsecs. A (part), B (part).)
Sec. 8104.302. REFUNDING BONDS. (a) After the action is
approved by the Baytown City Council, the board by resolution may
authorize the issuance of refunding bonds or notes to refund
outstanding bonds or notes issued under this chapter and their
accrued interest.
(b) The authority may:
(1) sell the refunding bonds or notes and use the
proceeds to retire the outstanding bonds or notes; or
(2) exchange the refunding bonds or notes for the
outstanding bonds or notes.
(c) To the extent the provisions of this chapter relating to
original bonds or notes may be made applicable, those provisions
apply to:
(1) the issuance of the refunding bonds or notes;
(2) the maturity of the refunding bonds or notes;
(3) the rights of the bondholders; and
(4) the authority's duties regarding refunding bonds
or notes.
(d) The authority also may refund bonds or notes under any
general law of this state. (Acts 63rd Leg., R.S., Ch. 600, Sec. 12,
Subsec. I.)
Sec. 8104.303. FORM OF BONDS; LIABILITY. (a) Bonds or
notes, including a coupon attached to a bond or note, issued under
this chapter shall:
(1) be signed by the board's president or vice
president; and
(2) be attested by the board's secretary.
(b) A director, a board officer, or a person who executes a
bond, note, or coupon for the authority is not liable personally on
the bond, note, or coupon by participating in its issuance. (Acts
63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. C (part).)
Sec. 8104.304. MATURITY. Bonds or notes issued under this
chapter must mature within 40 years. (Acts 63rd Leg., R.S., Ch.
600, Sec. 12, Subsec. B (part).)
Sec. 8104.305. RESOLUTION AND TRUST INDENTURE PROVISIONS.
(a) A board resolution authorizing bonds or notes or a trust
indenture securing bonds or notes may contain provisions that:
(1) to secure the payment of the bonds or notes, pledge
all or a designated part of the authority's revenue and receipts
from the planning, financing, ownership, operation, or leasing of,
or otherwise in connection with, a specified facility or asset, or
that are otherwise connected to the facility or asset;
(2) to secure the payment of the bonds or notes, pledge
all or part of the authority's assets, including an obligation
acquired by the authority;
(3) relate to the use and disposition of rents, rates,
fees, and other charges made or received by the authority;
(4) pledge to set, charge, alter, and collect rents,
rates, fees, or other charges for a designated facility or asset
that will produce revenue adequate to:
(A) pay all expenses necessary to operate and
maintain the designated facility or asset;
(B) pay the interest on and principal of all
bonds or notes issued and payable from the revenues and receipts as
the interest and principal become due and payable;
(C) pay all sinking fund, reserve fund, or other
fund payments agreed to be made related to any bonds or notes
payable out of the revenues and receipts as the payments become due
and payable; and
(D) fulfill the terms of an agreement made with:
(i) the bond or note holders; or
(ii) a person on behalf of the bond or note
holders;
(5) set aside the reserves or sinking funds and that
provide for the regulation and disposition of the reserves or
sinking funds;
(6) limit the purpose to which the proceeds from the
sale of the bonds or notes may be applied and that pledge the
proceeds to secure the payment of the bonds or notes;
(7) limit the issuance of additional bonds and the
refunding of outstanding or other bonds or notes;
(8) relate to the acquisition, construction,
improvement, operation, extension, enlargement, maintenance, or
repair of a facility or asset and the duties of the authority
relating to the facility or asset;
(9) relate to the procedure by which the terms of an
agreement with the bond or note holders may be amended or abrogated,
the amount of bonds or notes the holders of which are required to
give consent to, and the manner in which the consent may be given;
(10) limit the amount of money to be spent by the
authority for administrative or other expenses;
(11) vest in a trustee or other fiduciary the
property, rights, powers, and duties in trust as the authority
determines, including the rights, powers, and duties of the trustee
appointed by the bond or note holders under this chapter;
(12) abrogate the right of the bond or note holders to
appoint a trustee under this chapter or limit the rights, powers,
and duties of the trustee;
(13) provide for the management, operation, and
control of a specified authority facility or asset by a board of
trustees to be named in the resolution or trust indenture and that
specify:
(A) the terms of office of the board of trustees;
(B) the powers and duties of the board of
trustees;
(C) the manner of exercising those powers and
duties;
(D) the appointment of successors; and
(E) all matters relating to the organization and
duties of the board of trustees;
(14) govern the issuance of bonds or notes to replace
lost, stolen, or mutilated bonds or notes; and
(15) relate to any other matter that affects the
security or protection of the:
(A) bonds or notes; or
(B) bond or note holders.
(b) A provision authorized by this section that is contained
in the resolution or trust indenture is a part of the agreement with
the holders of the bonds or notes. (Acts 63rd Leg., R.S., Ch. 600,
Sec. 12, Subsecs. E, G (part).)
Sec. 8104.306. SECURITY FOR BONDS OR NOTES. (a) Bonds or
notes of the authority and the interest on the bonds or notes may be
secured by and payable only from the sources authorized by this
chapter.
(b) The bonds or notes may be secured by and payable from a
pledge of all or part of:
(1) the authority's revenues, receipts, or assets; or
(2) the revenues of one or more past or future leases
or other contracts.
(c) A pledge made under this section must be specified:
(1) by the resolution authorizing the bonds or notes;
or
(2) by the trust indenture or other instrument
securing the bonds or notes.
(d) The lien of the pledge or security instrument is binding
against all parties having claims of any kind against the
authority, including tort or contract claims, regardless of whether
the parties have notice of the lien.
(e) A pledge made under this section may reserve to the
authority the right, under conditions the pledge specifies, to
issue additional bonds or notes that will be on a parity with or
subordinate to the bonds or notes then being issued. (Acts 63rd
Leg., R.S., Ch. 600, Sec. 12, Subsecs. D (part), O.)
Sec. 8104.307. TRUST INDENTURE. (a) Bonds or notes,
including refunding bonds, authorized by this chapter may be
additionally secured by a trust indenture under which the trustee
may be a bank that has trust powers. The bank may be located in or
outside of this state.
(b) Regardless of any mortgage or deed of trust lien or
security interest in the facilities or assets, the trust indenture
may:
(1) contain any provision prescribed by the authority
and the Baytown City Council for the security of the bonds or notes
and the preservation of the trust estate;
(2) provide for amendment or modification of the trust
indenture;
(3) condition the right to spend authority money or to
sell the authority's facilities or assets on approval of a licensed
engineer selected as provided by the trust indenture; and
(4) include any other provision to protect and enforce
the rights and remedies of the bond or note holders as may be
reasonable and proper. (Acts 63rd Leg., R.S., Ch. 600, Sec. 12,
Subsec. G (part).)
Sec. 8104.308. ADDITIONAL SECURITY. At the discretion of
the authority and the Baytown City Council, bonds or notes issued
under this chapter may be secured additionally by a mortgage or a
deed of trust lien or security interest on facilities or assets of
the authority and all real property, franchises, easements, leases,
contracts, and rights appurtenant to the properties that vest in
the trustee the power to:
(1) sell the facilities or assets for payment of the
debt;
(2) operate the facilities or assets; and
(3) take any other action to secure the bonds or notes.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. G (part).)
Sec. 8104.309. REVIEW AND APPROVAL OF CONTRACTS RELATING TO
BONDS OR NOTES. (a) If bonds or notes issued under this chapter
state that the bonds or notes are secured by a pledge of the
revenues and receipts of a lease or other contract made between the
authority and a person, a copy of the lease or contract may be
submitted to the attorney general with the bonds or notes.
(b) If the attorney general finds that the bonds or notes
have been authorized and that the lease or contract has been made in
accordance with law, the attorney general shall approve the bonds
or notes and the lease or contract. (Acts 63rd Leg., R.S., Ch. 600,
Sec. 12, Subsec. J (part).)
Sec. 8104.310. BONDS AND NOTES EXEMPT FROM TAXATION. A bond
or note issued under this chapter, the interest on the bond or note,
and the profit from the sale of the bond or note are exempt from
taxation by this state or a political subdivision of this state.
(Acts 63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. N.)
Sec. 8104.311. BOND OR NOTE SALE PROCEEDS. Proceeds from
the sale of bonds or notes issued by the authority shall be:
(1) deposited in a depository bank; and
(2) paid out under the terms to which the authority and
the purchasers agree. (Acts 63rd Leg., R.S., Ch. 600, Sec. 12,
Subsec. B (part).)
Sec. 8104.312. INVESTMENT OF FUNDS AND USE OF PROCEEDS. (a)
The authority may direct the investment of money in the funds
created by the resolution authorizing bonds or notes or by a trust
indenture or other instrument securing bonds or notes issued under
this chapter.
(b) The authority may set aside proceeds from the sale of
bonds or notes for payment into:
(1) the interest and sinking fund until completion of
construction and until adequate revenues and receipts are available
from operations to pay principal and interest; or
(2) reserve funds.
(c) The authority may provide, in the resolution
authorizing the bonds or notes or in the trust indenture or other
instrument, for setting aside the proceeds as described by
Subsection (b).
(d) Proceeds from the sale of bonds or notes may be used to
pay all expenses of issuing and selling the bonds or notes.
(e) Proceeds from the sale of bonds or notes and money in
funds created in connection with the bonds or notes may be invested:
(1) in direct or indirect obligations of or
obligations unconditionally guaranteed by the United States
maturing in the manner that may be specified by the resolution
authorizing the bonds or notes or by the trust indenture or other
instrument securing the bonds or notes; or
(2) in bank or trust company certificates of deposit
that are secured by the obligations described in Subdivision (1).
(Acts 63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. H.)
Sec. 8104.313. APPOINTMENT OF RECEIVER. (a) The
resolution authorizing the issuance of the bonds or notes, or the
trust indenture or other instrument securing the bonds or notes,
may provide that, on petition of the holders of outstanding bonds or
notes, a court may appoint a receiver for the authority:
(1) on default in the payment of the principal of or
interest on bonds or notes; or
(2) under the conditions stated in the resolution,
trust indenture, or other instrument, on a threatened default in
the payment of the principal of or interest on bonds or notes.
(b) The receiver may collect and receive pledged revenues
and receipts.
(c) The resolution, trust indenture, or other instrument
may limit or qualify the rights of less than all of the holders of
outstanding bonds or notes payable from the same source to
institute or prosecute litigation affecting the authority's
properties or revenues. (Acts 63rd Leg., R.S., Ch. 600, Sec. 12,
Subsec. F.)
Sec. 8104.314. ENFORCEMENT. The following may be enforced
in a court by mandamus or other appropriate proceeding:
(1) payment of bonds or notes according to the term and
tenor;
(2) performance of agreements with the holders of
bonds or notes or any person on their behalf; and
(3) performance of official duties prescribed by this
chapter in connection with bonds or notes. (Acts 63rd Leg., R.S.,
Ch. 600, Sec. 12, Subsec. L.)
Sec. 8104.315. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
OF BOND OR NOTE HOLDERS. (a) The state pledges to and agrees with
the holders of bonds or notes issued under this chapter that the
state will not limit or alter the rights vested in the authority to
fulfill the terms of agreements made with the holders that are
consistent with this chapter or impair the rights and remedies of
the holders until the following are fully discharged:
(1) the bonds or notes;
(2) interest on the bonds or notes;
(3) interest on any unpaid installments of interest;
and
(4) all costs and expenses for which the authority is
liable related to an action or proceeding by or on behalf of the
holders.
(b) The authority may include the state's pledge and
agreement under Subsection (a) in an agreement with the holders of
the bonds or notes. (Acts 63rd Leg., R.S., Ch. 600, Sec. 12,
Subsec. P (part).)
Sec. 8104.316. LIMITATION ON RIGHT OF BOND OR NOTE HOLDERS.
The purchasers and holders of any bonds or notes may not demand
payment from revenues, receipts, or assets of the authority except
those pledged to the payment of the bonds or notes. (Acts 63rd Leg., R.S., Ch. 600, Sec. 12, Subsec. P (part).)
CHAPTER 8105. BEACH ROAD MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8105.001. DEFINITION
Sec. 8105.002. NATURE OF DISTRICT
Sec. 8105.003. LEGISLATIVE FINDINGS
Sec. 8105.004. DISTRICT TERRITORY
[Sections 8105.005-8105.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8105.051. DIRECTORS
Sec. 8105.052. ELECTION OF DIRECTORS
[Sections 8105.053-8105.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8105.101. GENERAL RIGHTS, POWERS, PRIVILEGES,
FUNCTIONS, AND DUTIES
CHAPTER 8105. BEACH ROAD MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8105.001. DEFINITION. In this chapter, "district"
means the Beach Road Municipal Utility District. (Acts 73rd Leg.,
R.S., Ch. 959, Sec. 2.)
Sec. 8105.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Matagorda County created
under Section 59, Article XVI, Texas Constitution. (Acts 73rd
Leg., R.S., Ch. 959, Secs. 1(a), (b) (part).)
Sec. 8105.003. LEGISLATIVE FINDINGS. (a) The district:
(1) is essential to accomplish the purposes of Section
59, Article XVI, Texas Constitution; and
(2) is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects to be accomplished by the
district under powers conferred by Section 59, Article XVI, Texas
Constitution. (Acts 73rd Leg., R.S., Ch. 959, Secs. 1(b) (part),
5.)
Sec. 8105.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 959, Acts
of the 73rd Legislature, Regular Session, 1993, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code, before
September 1, 1995;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes contained in Section 3,
Chapter 959, Acts of the 73rd Legislature, Regular Session, 1993,
form a closure. A mistake made in the field notes or in copying the
field notes in the legislative process does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or its
governing body. (Acts 73rd Leg., R.S., Ch. 959, Sec. 4; New.)
[Sections 8105.005-8105.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8105.051. DIRECTORS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
(c) A director must qualify to serve as director in the
manner provided by Section 49.055, Water Code. (Acts 73rd Leg.,
R.S., Ch. 959, Secs. 7(a), (d), (e).)
Sec. 8105.052. ELECTION OF DIRECTORS. On the first
Saturday in May of every even-numbered year, the district shall
hold an election in the district to elect the appropriate number of
directors. (Acts 73rd Leg., R.S., Ch. 959, Sec. 10.)
[Sections 8105.053-8105.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8105.101. GENERAL RIGHTS, POWERS, PRIVILEGES,
FUNCTIONS, AND DUTIES. (a) The district has the rights, powers,
privileges, functions, and duties provided by general law,
including Chapters 49, 50, and 54, Water Code, applicable to a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
(b) The rights, powers, privileges, functions, and duties
of the district are subject to the continuing right of supervision
by this state exercised by and through the Texas Commission on
Environmental Quality. (Acts 73rd Leg., R.S., Ch. 959, Sec. 6; New.)
CHAPTER 8106. BAMMEL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8106.001. DEFINITIONS
Sec. 8106.002. NATURE OF DISTRICT
Sec. 8106.003. FINDING OF BENEFIT AND PUBLIC PURPOSE
Sec. 8106.004. DISTRICT TERRITORY
Sec. 8106.005. CONFIRMATION ELECTION NOT REQUIRED
[Sections 8106.006-8106.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8106.051. COMPOSITION OF BOARD
Sec. 8106.052. DIRECTOR'S BOND
Sec. 8106.053. BOARD VACANCY
Sec. 8106.054. DISTRICT OFFICE
Sec. 8106.055. ABSENCE OF PRESIDENT FROM BOARD MEETING
[Sections 8106.056-8106.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8106.101. GENERAL POWERS AND DUTIES
Sec. 8106.102. ADDITIONAL POWERS AND DUTIES
Sec. 8106.103. EMINENT DOMAIN
Sec. 8106.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8106.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
OR DRAINAGE SERVICES; ELECTION NOT
REQUIRED
Sec. 8106.106. NOTICE OF ELECTION
Sec. 8106.107. DISTRICT RULES
[Sections 8106.108-8106.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8106.151. TAX METHOD
Sec. 8106.152. DISTRICT ACCOUNTS
Sec. 8106.153. COPY OF AUDIT REPORT
Sec. 8106.154. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8106.155. DIRECTOR AS SHAREHOLDER IN DEPOSITORY
CHAPTER 8106. BAMMEL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8106.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Bammel Utility District.
(V.A.C.S. Art. 8280-438, Sec. 1 (part); New.)
Sec. 8106.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County, created under Section 59, Article XVI,
Texas Constitution. (V.A.C.S. Art. 8280-438, Sec. 1 (part); New.)
Sec. 8106.003. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a)
The legislature finds that:
(1) the district is created to serve a public use and
benefit; and
(2) all land and other property included in the
boundaries of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(b) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(c) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their properties and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (V.A.C.S.
Art. 8280-438, Secs. 1 (part), 4, 24 (part).)
Sec. 8106.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 357, Acts
of the 61st Legislature, Regular Session, 1969 (Article 8280-438,
Vernon's Texas Civil Statutes), as that territory may have been
modified under:
(1) Subchapter O, Chapter 51, Water Code, before
September 11, 1978;
(2) Subchapter H, Chapter 54, Water Code;
(3) Subchapter J, Chapter 49, Water Code;
(4) this chapter; or
(5) other law.
(b) The boundaries and field notes of the district contained
in Section 2, Chapter 357, Acts of the 61st Legislature, Regular
Session, 1969 (Article 8280-438, Vernon's Texas Civil Statutes),
form a closure. If a mistake is made in the field notes or in
copying the field notes in the legislative process, the mistake
does not affect:
(1) the district's organization, existence, and
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (V.A.C.S. Art. 8280-438, Sec. 3; New.)
Sec. 8106.005. CONFIRMATION ELECTION NOT REQUIRED. It is
not necessary for the board to call or hold a confirmation election
to confirm the district's creation. (V.A.C.S. Art. 8280-438, Sec.
6.)
[Sections 8106.006-8106.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8106.051. COMPOSITION OF BOARD. The board consists of
five directors. (V.A.C.S. Art. 8280-438, Sec. 10 (part).)
Sec. 8106.052. DIRECTOR'S BOND. (a) Each director shall
execute a bond in the amount of $5,000 for the faithful performance
of the director's duties.
(b) The bond must be recorded in a record book kept for that
purpose in the district office. (V.A.C.S. Art. 8280-438, Sec. 10
(part).)
Sec. 8106.053. BOARD VACANCY. (a) Except as provided by
Subsection (b), a vacancy in the office of director shall be filled
in the manner provided by Section 49.105, Water Code.
(b) The county judge of the county in which the district is
located shall appoint directors to fill all of the vacancies on the
board whenever the number of qualified directors is fewer than
three. (V.A.C.S. Art. 8280-438, Sec. 10 (part).)
Sec. 8106.054. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
each county in which the district is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in each county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to district
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (V.A.C.S. Art. 8280-438, Sec. 15.)
Sec. 8106.055. ABSENCE OF PRESIDENT FROM BOARD MEETING. If
the board president is absent from a board meeting:
(1) the board vice president may:
(A) sign an order adopted at the meeting; or
(B) implement any other action taken at the
meeting; or
(2) the board may authorize the president to sign the
order or implement the action. (V.A.C.S. Art. 8280-438, Sec. 10
(part).)
[Sections 8106.056-8106.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8106.101. GENERAL POWERS AND DUTIES. The district has
all of the rights, powers, privileges, authority, and functions
conferred by the general laws of the state relating to municipal
utility districts created under Section 59, Article XVI, Texas
Constitution, including those conferred by Chapters 49 and 54,
Water Code. (V.A.C.S. Art. 8280-438, Sec. 5 (part).)
Sec. 8106.102. ADDITIONAL POWERS AND DUTIES. (a) The
district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the boundaries of the
district; and
(B) necessary to carry out the powers granted by
this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
district land and property through the purchase, construction, or
installation of facilities, works, or improvements that the
district is otherwise authorized to do or perform so that, to the
greatest extent reasonably possible, considering sound engineering
and economic practices, all of the lands and property may
ultimately receive the services of the facilities, works, or
improvements; and
(D) the performance of any of the powers granted
by this chapter or general law.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (V.A.C.S. Art. 8280-438, Sec. 5
(part).)
Sec. 8106.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only:
(1) in a county in which the district is located; and
(2) when necessary to carry out the purposes for which
the district was created. (V.A.C.S. Art. 8280-438, Sec. 13 (part).)
Sec. 8106.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, the term "sole expense" means the actual cost
of the action required under Subsection (b) to provide a comparable
replacement without enhancing the facility, after deducting the net
salvage value derived from the old facility.
(b) If the district's exercise of eminent domain or of
another power conferred by this chapter requires relocating,
raising, rerouting, or changing the grade of, or altering the
construction of any highway, railroad, electric transmission line,
telegraph or telephone property and facility, or pipeline, the
action shall be accomplished at the sole expense of the district.
(V.A.C.S. Art. 8280-438, Sec. 13 (part).)
Sec. 8106.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district may
enter into a contract with a political subdivision for water,
sewer, or drainage services or any combination of those services
without the necessity of an election by any contracting party.
(b) The district may pay for an obligation incurred by
entering into a contract under this section by issuing bonds that,
if otherwise necessary, have been approved by the voters in the
manner provided by this chapter.
(c) The district may deliver the district's bonds to any of
the following parties that enters into a contract with the district
under this section:
(1) the United States;
(2) an agency or instrumentality of the United States;
(3) this state; or
(4) an agency or instrumentality of this state.
(V.A.C.S. Art. 8280-438, Sec. 5 (part).)
Sec. 8106.106. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (V.A.C.S. Art. 8280-438,
Sec. 19.)
Sec. 8106.107. DISTRICT RULES. The district shall adopt
and enforce reasonable and effective rules to secure and maintain
safe, sanitary, and adequate plumbing installations, connections,
and appurtenances as subsidiary parts of the district's sewerage
system to preserve the quality of water within or controlled by the
district. (V.A.C.S. Art. 8280-438, Sec. 16.)
[Sections 8106.108-8106.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8106.151. TAX METHOD. (a) The board shall use the ad
valorem plan of taxation.
(b) The board is not required to hold a hearing on the
adoption of a plan of taxation. (V.A.C.S. Art. 8280-438, Sec. 8.)
Sec. 8106.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (V.A.C.S. Art.
8280-438, Sec. 14 (part).)
Sec. 8106.153. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered upon request to a holder of at least 25 percent of the
outstanding bonds of the district. (V.A.C.S. Art. 8280-438, Sec.
14 (part).)
Sec. 8106.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (V.A.C.S. Art.
8280-438, Sec. 24 (part).)
Sec. 8106.155. DIRECTOR AS SHAREHOLDER IN DEPOSITORY. A
director may be a shareholder in a depository of district funds.
(V.A.C.S. Art. 8280-438, Sec. 14 (part).)
SECTION 1.07. Subtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8802 to read as follows:
CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8802.001. DEFINITIONS
Sec. 8802.002. LEGISLATIVE FINDINGS
Sec. 8802.003. DISTRICT TERRITORY
Sec. 8802.004. EFFECT ON CERTAIN LITIGATION
[Sections 8802.005-8802.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8802.051. DIRECTORS; TERMS
Sec. 8802.052. ELECTION DATE
Sec. 8802.053. SINGLE-MEMBER DISTRICTS.
[Sections 8802.054-8802.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8802.101. GENERAL POWERS AND DUTIES
Sec. 8802.102. RULES REGULATING ZONING AND SUBDIVISION
OF LAND PROHIBITED
Sec. 8802.103. IMPOSITION OF TAXES
Sec. 8802.104. USER FEES
Sec. 8802.105. CERTAIN WATER USE FEES PERMITTED
Sec. 8802.106. PRODUCTION CAPACITY OF CERTAIN EXEMPT
WELLS
Sec. 8802.107. ENFORCEMENT
Sec. 8802.108. BORROWING MONEY
[Sections 8802.109-8802.150 reserved for expansion]
SUBCHAPTER D. INCLUSION AND EXCLUSION OF LAND IN DISTRICT
Sec. 8802.151. MUNICIPAL APPROVAL NOT REQUIRED
Sec. 8802.152. EXCLUSION OF COUNTY AREA
[Sections 8802.153-8802.200 reserved for expansion]
SUBCHAPTER E. CONVERSION AND DISSOLUTION OF DISTRICT
Sec. 8802.201. CONVERSION OF DISTRICT PROHIBITED
Sec. 8802.202. DISSOLUTION OF DISTRICT; ELECTION
CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8802.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Barton Springs-Edwards
Aquifer Conservation District. (Acts 70th Leg., R.S., Ch. 429,
Secs. 1 (part), 2(c)(1) (part).)
Sec. 8802.002. LEGISLATIVE FINDINGS. The legislature
finds that the creation of the district:
(1) is feasible and practicable;
(2) will be a benefit to land in the district; and
(3) will be a public benefit and utility. (Acts 70th
Leg., R.S., Ch. 429, Sec. 1 (part).)
Sec. 8802.003. DISTRICT TERRITORY. The district is
composed of the territory described by the Texas Water Commission's
August 15, 1986, order, as that territory may have been modified
under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 70th Leg., R.S., Ch. 429, Sec. 1
(part); New.)
Sec. 8802.004. EFFECT ON CERTAIN LITIGATION. This chapter
does not adversely affect the rights of any parties involved in
litigation on or before February 1, 1987, with the Texas Water
Commission or the petitioners for the creation of the district.
(Acts 70th Leg., R.S., Ch. 429, Sec. 11.)
[Sections 8802.005-8802.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8802.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors who serve staggered four-year
terms.
(b) At least two directors must be elected by voters
residing in the city of Austin. (Acts 70th Leg., R.S., Ch. 429,
Secs. 2(f)(1) (part), 7(a) (part), (c) (part).)
Sec. 8802.052. ELECTION DATE. An election shall be held to
elect the appropriate number of directors on the spring uniform
election date each even-numbered year. (Acts 70th Leg., R.S., Ch.
429, Sec. 7(c) (part).)
Sec. 8802.053. SINGLE-MEMBER DISTRICTS. (a) The district
is divided into five numbered, single-member districts for electing
directors.
(b) The board may revise the single-member districts as
necessary or appropriate.
(c) As soon as practicable after the publication of each
federal decennial census, the board shall revise the single-member
districts as the board considers appropriate to reflect population
changes. When the board revises the single-member districts under
this subsection, the board shall place two of the districts:
(1) entirely within the boundaries of the city of
Austin, as those boundaries exist at that time; or
(2) within the boundaries of the city of Austin, as
those boundaries exist at that time, but also including
unincorporated areas or other municipalities that are surrounded
wholly or partly by the boundaries of the city of Austin if the
areas or municipalities are noncontiguous to the territory of any
other single-member district.
(d) Changes in the boundaries of the city of Austin between
revisions of the single-member districts under Subsection (c) do
not affect the boundaries of the single-member districts.
(e) When the boundaries of the single-member districts are
changed, a director in office on the effective date of the change,
or elected or appointed before the effective date of the change to a
term of office beginning on or after the effective date of the
change, is entitled to serve the term or the remainder of the term
in the single-member district to which elected or appointed even
though the change in boundaries places the person's residence
outside the single-member district for which the person was elected
or appointed. (Acts 70th Leg., R.S., Ch. 429, Secs. 7(d), (e), (f),
(g), (h).)
[Sections 8802.054-8802.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8802.101. GENERAL POWERS AND DUTIES. Except as
otherwise provided by this chapter, the district has the powers and
duties provided by Chapter 36, Water Code, for groundwater
conservation districts. (Acts 70th Leg., R.S., Ch. 429, Sec.
2(a)(1).)
Sec. 8802.102. RULES REGULATING ZONING AND SUBDIVISION OF
LAND PROHIBITED. The district may not adopt rules regulating
zoning or the subdivision of land. (Acts 70th Leg., R.S., Ch. 429,
Sec. 2(a)(2).)
Sec. 8802.103. IMPOSITION OF TAXES. (a) The district may
impose an ad valorem tax as provided by Subchapter G, Chapter 36,
Water Code, only if:
(1) the user fee authorized by this subchapter is held
unconstitutional by the Texas Supreme Court; and
(2) a majority of the voters approve the tax at an
election held in the district.
(b) The district may impose the ad valorem tax at a rate not
to exceed three cents on each $100 of appraised value. (Acts 70th
Leg., R.S., Ch. 429, Sec. 2(b).)
Sec. 8802.104. USER FEES. (a) The board by rule may
impose reasonable fees on each well for which the district issues a
permit and which is not exempt from regulation by the district.
(b) The board may assess the fees on an annual basis
according to:
(1) the size of column pipe used in the well;
(2) the production capacity of the well; or
(3) the actual, authorized, or anticipated pumpage of
the well.
(c) The board may use fees as both a regulatory mechanism
and a revenue-producing mechanism.
(d) The board shall adopt rules relating to:
(1) the rates of fees;
(2) the manner and form for filing reports of fees; and
(3) the manner of collecting fees.
(e) The district may use money collected from fees to:
(1) manage and operate the district; and
(2) pay all or part of the principal of and interest on
district bonds or notes. (Acts 70th Leg., R.S., Ch. 429, Secs.
2(c)(1) (part), (2), (3).)
Sec. 8802.105. CERTAIN WATER USE FEES PERMITTED. Each year
the board may assess against the City of Austin a water use fee in an
amount not to exceed 40 percent of the total funding of the district
received from water use fees assessed against Austin and other
nonexempt users in that year. (Acts 70th Leg., R.S., Ch. 429, Sec.
2(f)(2).)
Sec. 8802.106. PRODUCTION CAPACITY OF CERTAIN EXEMPT
WELLS. Notwithstanding the 25,000-gallon production capacity
restriction provided by Section 36.117(b)(1), Water Code, a well in
the district is exempt under Section 36.117, Water Code, only if the
production capacity of the well is 10,000 gallons per day or less.
(Acts 70th Leg., R.S., Ch. 429, Sec. 2(d)(1).)
Sec. 8802.107. ENFORCEMENT. (a) If it appears that a
person has violated, is violating, or is threatening to violate
Chapter 36, Water Code, or a district permit, rule, or order, the
district may file a civil suit in a district court of the county in
which the violation occurs to obtain:
(1) injunctive relief to restrain the person from
continuing the violation;
(2) a civil penalty of not less than $50 or more than
$1,000 for each violation and for each day of violation; or
(3) both injunctive relief and a civil penalty.
(b) On application for injunctive relief under Subsection
(a)(1) and a finding that a person is violating or threatening to
violate this chapter or a district permit, rule, or order, the
district court shall grant injunctive relief as the facts may
warrant.
(c) Any legal action initiated under this section to obtain
penalties must be authorized by a resolution of the board or by the
district's general manager, if authorized by the board.
(d) In a civil suit filed under this section, the district:
(1) is not required to post bond or other security; and
(2) may recover reasonable attorney's fees and expert
witness's fees.
(e) The remedies provided by this section are in addition to
any remedies provided by other law. (Acts 70th Leg., R.S., Ch. 429,
Sec. 2(e).)
Sec. 8802.108. BORROWING MONEY. (a) The district may
borrow money as provided by Sections 49.152-49.154, Water Code.
(b) The district may not borrow money for a period of more
than one year. (Acts 70th Leg., R.S., Ch. 429, Sec. 9.)
[Sections 8802.109-8802.150 reserved for expansion]
SUBCHAPTER D. INCLUSION AND EXCLUSION OF LAND IN DISTRICT
Sec. 8802.151. MUNICIPAL APPROVAL NOT REQUIRED. Approval
of inclusion of land in the district that is located in the
corporate limits or extraterritorial jurisdiction of a
municipality does not require the municipality's approval under
Subchapter B, Chapter 42, Local Government Code. (Acts 70th Leg.,
R.S., Ch. 429, Sec. 3.)
Sec. 8802.152. EXCLUSION OF COUNTY AREA. (a) The
residents of any county area of the district, on petition of at
least 15 percent of the registered voters in that county area, may
request that the board, in conjunction with the next regularly
scheduled directors' election, hold a referendum to determine
whether to exclude that county area from the district.
(b) The petition must be submitted to the board not later
than the 45th day before the date of the election.
(c) The board shall call and add a referendum under this
section to the ballot of the May directors' election in the county
area.
(d) Exclusion of a county area from the district requires
approval by a majority of the voters voting on the proposition: "The
_________________ county area of the Barton Springs-Edwards
Aquifer Conservation District shall be excluded from the Barton
Springs-Edwards Aquifer Conservation District."
(e) The exclusion of any county area from the district is
effective on June 1 following approval of the referendum. On and
after that date:
(1) the boundaries of the district shall be redefined
to exclude the county area;
(2) the imposition and collection of district taxes or
user fees in the county area shall cease;
(3) the offices held by any directors elected from the
county area shall terminate; and
(4) any other matters provided by law or by agreement
with any person affecting the authority and operations of the
district shall be automatically redesignated and redefined to be
consistent with the exclusion of the county area. (Acts 70th Leg.,
R.S., Ch. 429, Sec. 10(a).)
[Sections 8802.153-8802.200 reserved for expansion]
SUBCHAPTER E. CONVERSION AND DISSOLUTION OF DISTRICT
Sec. 8802.201. CONVERSION OF DISTRICT PROHIBITED. The
district may not be converted to any other type of conservation and
reclamation district. (Acts 70th Leg., R.S., Ch. 429, Sec. 8.)
Sec. 8802.202. DISSOLUTION OF DISTRICT; ELECTION. (a) The
board shall call a dissolution election if:
(1) the board receives a petition signed by a number of
registered voters in the district equal to at least 30 percent of
the voters in the district's most recent election; and
(2) the district has no outstanding bonds or other
long-term indebtedness.
(b) The board shall dissolve the district if at least
two-thirds of the voters voting in the election vote in favor of
dissolving the district. (Acts 70th Leg., R.S., Ch. 429, Sec. 6.)
SECTION 1.08. Subtitle I, Title 6, Special District Local
Laws Code, is amended by adding Chapters 9004-9007 to read as follows:
CHAPTER 9004. BACLIFF MUNICIPAL UTILITY DISTRICT
OF GALVESTON COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9004.001. DEFINITIONS
Sec. 9004.002. NATURE OF DISTRICT
Sec. 9004.003. LEGISLATIVE DECLARATION AND FINDINGS
Sec. 9004.004. DISTRICT TERRITORY
[Sections 9004.005-9004.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9004.051. GENERAL POWERS AND DUTIES
Sec. 9004.052. TAX METHOD
Sec. 9004.053. LIMITATION ON EMINENT DOMAIN AUTHORITY
Sec. 9004.054. DURATION OF CONTRACT FOR WATER PURCHASE
OR SALE
Sec. 9004.055. INSTALLATION OF STREET LIGHTS
CHAPTER 9004. BACLIFF MUNICIPAL UTILITY DISTRICT
OF GALVESTON COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9004.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Bacliff Municipal Utility
District of Galveston County, Texas. (V.A.C.S. Art. 8280-286, Sec.
1 (part); New.)
Sec. 9004.002. NATURE OF DISTRICT. The Bacliff Municipal
Utility District of Galveston County, Texas, is:
(1) a conservation and reclamation district under
Section 59, Article XVI, Texas Constitution; and
(2) a water control and improvement district.
(V.A.C.S. Art. 8280-286, Secs. 1 (part), 6 (part).)
Sec. 9004.003. LEGISLATIVE DECLARATION AND FINDINGS. (a)
The legislature declares that the district is:
(1) essential to accomplish the purposes of Section
59, Article XVI, Texas Constitution; and
(2) a municipal corporation.
(b) The legislature finds that:
(1) the district is created to serve a public use and
benefit; and
(2) all land and other property included in the
district are benefited by the creation of the district and by the
improvements that the district purchases, constructs, or otherwise
acquires. (V.A.C.S. Art. 8280-286, Secs. 6 (part), 7.)
Sec. 9004.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1, Chapter 244, Acts
of the 58th Legislature, Regular Session, 1963 (Article 8280-286,
Vernon's Texas Civil Statutes), as that territory may have been
modified under:
(1) Chapter 3A, Title 128, Revised Statutes, before
August 30, 1971;
(2) Subchapter O, Chapter 51, Water Code;
(3) Subchapter J, Chapter 49, Water Code; or
(4) other law. (V.A.C.S. Art. 8280-286, Sec. 4; New.)
[Sections 9004.005-9004.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9004.051. GENERAL POWERS AND DUTIES. The district has
all the rights, powers, privileges, and duties conferred and
imposed by a general law of this state on a water control and
improvement district created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 51, Water Code. (V.A.C.S.
Art. 8280-286, Sec. 2 (part).)
Sec. 9004.052. TAX METHOD. (a) The board shall use the ad
valorem plan of taxation.
(b) The board is not required to hold a hearing on the
adoption of a plan of taxation. (V.A.C.S. Art. 8280-286, Sec. 6
(part).)
Sec. 9004.053. LIMITATION ON EMINENT DOMAIN AUTHORITY. The
district may not exercise the power of eminent domain outside the
district. (V.A.C.S. Art. 8280-286, Sec. 2 (part).)
Sec. 9004.054. DURATION OF CONTRACT FOR WATER PURCHASE OR
SALE. A district contract for the purchase or sale of water may not
exceed 40 years. (V.A.C.S. Art. 8280-286, Sec. 2 (part).)
Sec. 9004.055. INSTALLATION OF STREET LIGHTS. (a) On
approval by a majority of the voters of the district voting at an
election held for that purpose, the district may:
(1) install, operate, and maintain street lighting in
a public utility easement or public right-of-way inside the
district; and
(2) assess the cost of the installation, operation,
and maintenance of the street lighting as an additional charge in
the monthly billings of the district's customers.
(b) The district may not use money from taxes or bonds
supported by taxes for a purpose described by this section.
(c) This section does not authorize the district to install,
operate, or maintain street lighting on a right-of-way that is part
of the designated state highway system. (V.A.C.S. Art. 8280-286, Sec. 2A.)
CHAPTER 9005. BELL COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9005.001. DEFINITIONS
Sec. 9005.002. FINDING OF BENEFIT
Sec. 9005.003. DISTRICT TERRITORY
Sec. 9005.004. ANNEXATION OF TERRITORY
[Sections 9005.005-9005.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9005.051. GENERAL POWERS; APPLICABILITY OF OTHER
LAW
Sec. 9005.052. CONTRACTS TO LEASE AND OPERATE FEDERAL
FACILITIES OR PROPERTIES
Sec. 9005.053. PURCHASE OR USE OF WATER
[Sections 9005.054-9005.100 reserved for expansion]
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 9005.101. TAX METHOD
Sec. 9005.102. AUTHORITY TO ISSUE BONDS
Sec. 9005.103. CANCELLATION OF CERTAIN BOND AUTHORITY
CHAPTER 9005. BELL COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9005.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Bell County Water Control and
Improvement District No. 1. (New.)
Sec. 9005.002. FINDING OF BENEFIT. The legislature finds
that all property in the district will benefit from the
improvements constructed, acquired, leased, or operated by the
district. (V.A.C.S. Art. 8280-189, Sec. 3 (part).)
Sec. 9005.003. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1, Chapter 523, Acts
of the 54th Legislature, Regular Session, 1955 (Article 8280-189,
Vernon's Texas Civil Statutes), as that territory may have been
modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code, before
September 1, 1995;
(3) former Section 4A, Chapter 523, Acts of the 54th
Legislature, Regular Session, 1955 (Article 8280-189, Vernon's
Texas Civil Statutes); or
(4) other law. (New.)
Sec. 9005.004. ANNEXATION OF TERRITORY. (a) If an election
concerning the annexation of territory to the district would result
in the district boundaries becoming coterminous with the boundaries
of the City of Killeen, the board, in a separate proposition, may
submit the question of whether to automatically extend the
boundaries of the district to include territory the City of Killeen
annexes that is not already included in the district.
(b) Land annexed by the City of Killeen under Subsection (a)
is part of the district only after:
(1) the annexed area assumes its pro rata share of all
bonds, notes, or other obligations or taxes owed, contracted, or
authorized by the district; and
(2) that assumption is approved at an election held in
the district as enlarged as a result of the annexation. (V.A.C.S.
Art. 8280-189, Sec. 4A (part).)
[Sections 9005.005-9005.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9005.051. GENERAL POWERS; APPLICABILITY OF OTHER LAW.
The district has all powers granted to water control and
improvement districts under the general laws of this state.
(V.A.C.S. Art. 8280-189, Sec. 2 (part).)
Sec. 9005.052. CONTRACTS TO LEASE AND OPERATE FEDERAL
FACILITIES OR PROPERTIES. (a) The district may contract with the
United States or any officer of the United States to lease or
operate a facility or other property owned by the United States,
inside or outside the district, to:
(1) supply, transport, and distribute fresh water,
including a contract regarding water rights to appropriate and use
public waters from the Leon River or Belton Reservoir; and
(2) collect, treat, and dispose of wastewater and
sewage, including a contract regarding maintenance, repair,
extension, or improvement of the facilities or other property.
(b) The contract provisions must be, as determined by the
board, in the district's best interests in providing a water supply
and sanitary sewer service for persons who reside in and in the
vicinity of the district.
(c) The contract's initial period may not exceed 40 years.
(V.A.C.S. Art. 8280-189, Sec. 2 (part).)
Sec. 9005.053. PURCHASE OR USE OF WATER. (a) The district
may:
(1) acquire a water or a water supply facility inside
or outside the district from any person, including:
(A) this state or any agency or subdivision of
this state; and
(B) the United States; and
(2) treat, use, distribute, and sell, inside or
outside the district, any water the district acquires.
(b) Before exercising a power under Subsection (a), the
board must determine that adequate provisions can be made to
continue to serve the water requirements in the district.
(c) The district's powers under this section are under the
continuing supervision of the Texas Commission on Environmental
Quality under Chapters 5 and 6, Water Code. (V.A.C.S. Art.
8280-189, Sec. 4C.)
[Sections 9005.054-9005.100 reserved for expansion]
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 9005.101. TAX METHOD. The district shall use the ad
valorem method of taxation for all authorized taxes. (V.A.C.S.
Art. 8280-189, Sec. 3 (part).)
Sec. 9005.102. AUTHORITY TO ISSUE BONDS. (a) In this
section, "district property" means the district's improvements,
including property operated by the district under a lease.
(b) The district may call a bond election and issue bonds in
the manner and for the purposes provided in Chapters 49 and 51,
Water Code. In addition to the purposes under those chapters, the
district may vote on and issue bonds to:
(1) acquire materials, supplies, equipment, and other
property needed or useful to maintain district property; and
(2) extend, enlarge, improve, or repair district
property.
(c) If bonds are voted on and issued in connection with
property to be operated by the district under lease, the engineer's
report must include a summary of the proposed expenditures of the
bond proceeds. (V.A.C.S. Art. 8280-189, Sec. 2 (part).)
Sec. 9005.103. CANCELLATION OF CERTAIN BOND AUTHORITY. The
district may cancel, by order adopted by the board, the authority to
issue the $4.5 million bonds authorized at an election held within
the district on August 30, 1952, to construct or purchase water and
sewer facilities the United States has undertaken to construct. (V.A.C.S. Art. 8280-189, Sec. 2 (part).)
CHAPTER 9006. CLEAR CREEK WATERSHED AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9006.001. DEFINITIONS
Sec. 9006.002. NATURE OF AUTHORITY
Sec. 9006.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 9006.004. AUTHORITY TERRITORY; EXCLUSION
Sec. 9006.005. APPLICABILITY OF OTHER LAW
[Sections 9006.006-9006.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9006.051. COMPOSITION
Sec. 9006.052. ELIGIBILITY TO SERVE
[Sections 9006.053-9006.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9006.101. GENERAL POWERS
Sec. 9006.102. LIMIT ON IMPOUNDING WATER
Sec. 9006.103. RESTRICTION ON EMINENT DOMAIN POWER
Sec. 9006.104. COST OF RELOCATING OR ALTERING PROPERTY
[Sections 9006.105-9006.200 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 9006.201. ISSUANCE OF BONDS
Sec. 9006.202. PLEDGE OF REVENUE TO PAY BONDS
Sec. 9006.203. USE OF AD VALOREM TAXATION PLAN
Sec. 9006.204. PLAN OR METHOD OF TAXATION; HEARING
Sec. 9006.205. MAINTENANCE TAX ELECTION PROCEDURES
Sec. 9006.206. MAINTENANCE TAX RATE
Sec. 9006.207. AUTHORITY PROPERTY SUBJECT TO TAXATION
CHAPTER 9006. CLEAR CREEK WATERSHED AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9006.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Clear Creek Watershed
Authority.
(2) "Board" means the authority's board of directors.
(New.)
Sec. 9006.002. NATURE OF AUTHORITY. The Clear Creek
Watershed Authority is a conservation and reclamation district
created to control, store, preserve, and distribute storm and flood
waters along Clear Creek and tributaries in Cooke, Denton,
Montague, and Wise Counties, as authorized by Section 59, Article
XVI, Texas Constitution. (V.A.C.S. Art. 8280-234, Sec. 1 (part).)
Sec. 9006.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The authority is created to serve a public use and benefit.
(b) All territory and other property included within the
boundaries of the authority will benefit from the projects,
improvements, works, and measures to be constructed and
accomplished by the authority under powers conferred by Section 59,
Article XVI, Texas Constitution. (V.A.C.S. Art. 8280-234, Secs. 2
(part), 6 (part).)
Sec. 9006.004. AUTHORITY TERRITORY; EXCLUSION. (a) The
authority is composed of portions of Cooke, Denton, Montague, and
Wise Counties as described by Sections 2 and 2a, Chapter 372, Acts
of the 56th Legislature, Regular Session, 1959 (Article 8280-234,
Vernon's Texas Civil Statutes), as that territory may have been
modified under:
(1) Subchapter O, Chapter 51, Water Code, before
September 1, 1995;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) An error or discrepancy in the field notes of the
authority's boundaries contained in Section 2, Chapter 372, Acts of
the 56th Legislature, Regular Session, 1959 (Article 8280-234,
Vernon's Texas Civil Statutes), does not affect the validity of the
authority or any of its powers. (V.A.C.S. Art. 8280-234, Secs. 1
(part), 2 (part); New.)
Sec. 9006.005. APPLICABILITY OF OTHER LAW. Except as
provided in this chapter, general laws pertaining to water control
and improvement districts govern the authority. (V.A.C.S. Art.
8280-234, Sec. 11.)
[Sections 9006.006-9006.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9006.051. COMPOSITION. The board consists of nine
directors. (V.A.C.S. Art. 8280-234, Sec. 12 (part).)
Sec. 9006.052. ELIGIBILITY TO SERVE. A director of the
authority or any subordinate district must be a landowner within
the authority and reside in Cooke, Denton, Montague, or Wise
County. A director who fails to meet the requirements of this
section shall vacate the director's office. (V.A.C.S. Art.
8280-234, Sec. 12 (part).)
[Sections 9006.053-9006.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9006.101. GENERAL POWERS. To accomplish a purpose for
which the authority is created, the authority has the powers
conferred by the general laws of this state on water control and
improvement districts, including the power to:
(1) construct, acquire, improve, maintain, or repair a
dam or other structure; and
(2) acquire land, easements, equipment, or other
property needed to use, control, or distribute storm or flood
waters that may be impounded, diverted, or controlled by the
authority. (V.A.C.S. Art. 8280-234, Sec. 4 (part).)
Sec. 9006.102. LIMIT ON IMPOUNDING WATER. The authority's
right to impound water is subject to a prior grant or permit issued
by the Texas Commission on Environmental Quality. (V.A.C.S. Art.
8280-234, Sec. 11a.)
Sec. 9006.103. RESTRICTION ON EMINENT DOMAIN POWER. The
authority may not exercise the power of eminent domain outside
authority boundaries. (V.A.C.S. Art. 8280-234, Sec. 4 (part).)
Sec. 9006.104. COST OF RELOCATING OR ALTERING PROPERTY. If
the authority in the exercise of the power of eminent domain, the
power of relocation, or any other powers granted under this chapter
makes necessary relocating, raising, rerouting, changing the grade
of, or altering the construction of any highway, railroad, electric
transmission line, telephone or telegraph property or facility, or
pipeline, the authority or the subordinate district is solely
responsible for the expense of that necessary action. (V.A.C.S.
Art. 8280-234, Sec. 4 (part).)
[Sections 9006.105-9006.200 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 9006.201. ISSUANCE OF BONDS. To accomplish an
authority purpose and to obtain money necessary to furnish land or
easements or permanent improvements on the land or easements, the
authority may issue and secure bonds as provided by general law for
water control and improvement districts. (V.A.C.S. Art. 8280-234,
Sec. 6 (part).)
Sec. 9006.202. PLEDGE OF REVENUE TO PAY BONDS. When the
board selects a plan of taxation, the board may pledge authority
revenue to pay bonds authorized by voters. (V.A.C.S. Art.
8280-234, Sec. 7.)
Sec. 9006.203. USE OF AD VALOREM TAXATION PLAN. The
authority shall use the ad valorem plan of taxation. (V.A.C.S. Art.
8280-234, Sec. 6 (part).)
Sec. 9006.204. PLAN OR METHOD OF TAXATION; HEARING. (a)
Except as provided by Subsection (b), after adopting a plan or
method of taxation, the authority may call a hearing to consider
changing the method of taxation. The authority shall call the
hearing in the same manner used for the hearing to adopt the
original plan of taxation.
(b) Once bonds are approved by the attorney general or
district court, the political subdivision issuing the bonds may not
change its plan of taxation. (V.A.C.S. Art. 8280-234, Sec. 8.)
Sec. 9006.205. MAINTENANCE TAX ELECTION PROCEDURES. (a) A
maintenance tax election shall be called and notice given in the
same manner as provided for a bond election.
(b) This chapter does not prevent the calling of a later
maintenance tax election to establish or increase the amount of tax
if the board determines that a maintenance tax election is
required. (V.A.C.S. Art. 8280-234, Sec. 6 (part).)
Sec. 9006.206. MAINTENANCE TAX RATE. In calling a
maintenance tax election, the board must specify the maximum
proposed tax rate. To impose a maintenance tax at a rate that
exceeds the maximum proposed rate approved by the voters, the board
must submit the question of a tax rate increase to the voters.
(V.A.C.S. Art. 8280-234, Sec. 6 (part).)
Sec. 9006.207. AUTHORITY PROPERTY SUBJECT TO TAXATION. The
authority is liable for ad valorem taxes imposed by a county,
municipality, or school district on property owned by the authority. (V.A.C.S. Art. 8280-234, Sec. 13.)
CHAPTER 9007. BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9007.001. DEFINITIONS
[Sections 9007.002-9007.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9007.051. COMPOSITION; TERM
Sec. 9007.052. DIRECTOR QUALIFICATIONS
Sec. 9007.053. APPLICATION FOR PLACEMENT ON BALLOT
Sec. 9007.054. EMPLOYMENT OF GENERAL MANAGER;
APPLICABILITY OF OTHER LAW
[Sections 9007.055-9007.100 reserved for expansion]
SUBCHAPTER C. EXCLUSION OF LAND BY RESOLUTION
Sec. 9007.101. AUTHORITY TO EXCLUDE LAND
Sec. 9007.102. ENTRY OF EXCLUSION INTO MINUTES
Sec. 9007.103. EFFECT OF EXCLUSION RESOLUTION
[Sections 9007.104-9007.150 reserved for expansion]
SUBCHAPTER D. EXCLUSION OF PROPERTY AFTER HEARING
Sec. 9007.151. AUTHORITY TO EXCLUDE PROPERTY
Sec. 9007.152. GROUNDS FOR HEARING
Sec. 9007.153. NOTICE OF HEARING; PUBLICATION
Sec. 9007.154. CONSENT FROM HOLDERS OF INDEBTEDNESS
Sec. 9007.155. SUIT TO REVIEW ORDER; APPEAL
Sec. 9007.156. NOTICE AND RECORD OF EXCLUSION
Sec. 9007.157. EFFECT OF EXCLUSION
Sec. 9007.158. DISTRICT FACILITIES AND EASEMENTS
Sec. 9007.159. SUBSTITUTION FOR EXCLUDED PROPERTY
CHAPTER 9007. BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9007.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Bexar-Medina-Atascosa
Counties Water Control and Improvement District No. 1. (Acts 73rd
Leg., R.S., Ch. 370, Sec. 1; Acts 74th Leg., R.S., Ch. 544, Sec. 1.)
[Sections 9007.002-9007.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9007.051. COMPOSITION; TERM. (a) The district is
governed by a board of seven directors elected to staggered
four-year terms.
(b) Five directors are elected from single-member
precincts. Two directors are elected at large. (Acts 74th Leg.,
R.S., Ch. 544, Secs. 2(f), 3 (part).)
Sec. 9007.052. DIRECTOR QUALIFICATIONS. (a) A person
seeking to represent a single-member precinct of the district must
own land in the precinct the person seeks to represent.
(b) A person seeking to represent the district at large must
own land in the district. (Acts 74th Leg., R.S., Ch. 544, Sec. 4.)
Sec. 9007.053. APPLICATION FOR PLACEMENT ON BALLOT. A
person seeking to be placed on the ballot for a board election must:
(1) indicate that the person wishes to run for a
position representing the district at large; or
(2) identify the single-member precinct from which the
person wishes to run. (Acts 74th Leg., R.S., Ch. 544, Sec. 5.)
Sec. 9007.054. EMPLOYMENT OF GENERAL MANAGER;
APPLICABILITY OF OTHER LAW. Section 49.056(c), Water Code, does
not apply to the district. (Acts 76th Leg., R.S., Ch. 1104, Sec.
2(d).)
[Sections 9007.055-9007.100 reserved for expansion]
SUBCHAPTER C. EXCLUSION OF LAND BY RESOLUTION
Sec. 9007.101. AUTHORITY TO EXCLUDE LAND. (a) The board by
resolution may exclude from the district land that:
(1) is inside the district but was not included in the
district when the district was created; and
(2) has been subdivided into town lots and blocks,
with streets or other thoroughfares dedicated to the use of the
public.
(b) A map and the dedication of the land must be filed for
record with the county clerk of the county in which the land is
located before the board adopts the resolution to exclude the land.
(Acts 63rd Leg., R.S., Ch. 605, Sec. 1 (part).)
Sec. 9007.102. ENTRY OF EXCLUSION INTO MINUTES. The
secretary of the district shall enter a resolution passed under
Section 9007.101 in the board's minutes. (Acts 63rd Leg., R.S., Ch.
605, Sec. 1 (part).)
Sec. 9007.103. EFFECT OF EXCLUSION RESOLUTION. From and
after the time the secretary of the district enters a resolution
under Section 9007.102, the excluded land is no longer:
(1) part of the district; or
(2) entitled to be served with water by the district.
(Acts 63rd Leg., R.S., Ch. 605, Sec. 1 (part).)
[Sections 9007.104-9007.150 reserved for expansion]
SUBCHAPTER D. EXCLUSION OF PROPERTY AFTER HEARING
Sec. 9007.151. AUTHORITY TO EXCLUDE PROPERTY. The board
may exclude property from the district if the board, after notice
and hearing, finds that exclusion of the property is in the best
interest of the district and that:
(1) the property is not irrigable with water purchased
from the district because:
(A) the district cannot deliver water by gravity
flow to a high point on the property to irrigate the property;
(B) the property is subdivided into tracts of
less than 10 acres; or
(C) the property is subdivided into town lots,
town lots and blocks, or similar small parcels of any size that will
not be used for agricultural purposes or are suitable for a
residential, commercial, or other nonagricultural purpose; or
(2) the property has not been irrigated with water
purchased from the district for a period of not less than three
years before the date the notice for the hearing is mailed. (Acts
73rd Leg., R.S., Ch. 370, Sec. 2.)
Sec. 9007.152. GROUNDS FOR HEARING. If the board has
information that property located in the district is not irrigated
or irrigable, the board may call and hold a hearing to determine
whether to exclude the property from the district. (Acts 73rd Leg.,
R.S., Ch. 370, Sec. 3(a).)
Sec. 9007.153. NOTICE OF HEARING; PUBLICATION. (a) The
board, by certified mail, return receipt requested, shall issue to
each owner of property in the area proposed to be excluded a written
notice of a hearing to be held under this subchapter. For purposes
of this subsection, the board shall use the current tax rolls of the
district to determine property ownership.
(b) The board shall issue a notice under Subsection (a) not
earlier than the 21st day and not later than the 16th day before the
date of a hearing held under this subchapter. The notice must:
(1) describe the property proposed to be excluded;
(2) describe the basis for the proposed exclusion;
(3) state the time, date, and location of the hearing;
and
(4) advise that an interested property owner has the
right to appear at the hearing to offer evidence to contest the
proposed exclusion.
(c) The board shall publish notice of a hearing to be held
under this subchapter at least once a week for two consecutive weeks
in a newspaper of general circulation in each county in which the
property proposed to be excluded is located. The first published
notice must appear in the newspaper not earlier than the 40th day
and not later than the 16th day before the date of the hearing. The
notice must:
(1) describe the property proposed to be excluded;
(2) state the time, date, and location of the hearing;
and
(3) advise that an interested property owner has the
right to appear at the hearing and to offer evidence to contest the
proposed exclusion. (Acts 73rd Leg., R.S., Ch. 370, Secs. 3(b),
(c).)
Sec. 9007.154. CONSENT FROM HOLDERS OF INDEBTEDNESS. If
the district has outstanding bonded indebtedness, or indebtedness
under a loan from a governmental agency, a written consent from an
authorized representative of the holder or holders of the
indebtedness consenting to an exclusion of land from the district
under this subchapter shall be obtained and filed with the district
before a hearing is held under this subchapter. (Acts 73rd Leg.,
R.S., Ch. 370, Sec. 6.)
Sec. 9007.155. SUIT TO REVIEW ORDER; APPEAL. An interested
person may:
(1) bring a suit to review an exclusion order issued
under this subchapter in the manner provided by Section 49.308,
Water Code; and
(2) appeal as provided by Section 49.308(c), Water
Code. (Acts 73rd Leg., R.S., Ch. 370, Sec. 4.)
Sec. 9007.156. NOTICE AND RECORD OF EXCLUSION. (a) The
district shall record a copy of an exclusion order issued under this
subchapter in the real property records of the county in which the
excluded property is located. The copy of the order must be
certified and acknowledged by the secretary of the board.
(b) The board shall provide a copy of the order to the Texas
Commission on Environmental Quality not later than the 30th day
after the date the board issues the order. (Acts 73rd Leg., R.S.,
Ch. 370, Secs. 5, 8.)
Sec. 9007.157. EFFECT OF EXCLUSION. (a) Property excluded
under this subchapter is not a part of the district and is not
entitled to purchase water from or to receive any other service from
the district.
(b) A tax, assessment, or other charge on the excluded
property that is owed to the district at the time the exclusion
order takes effect remains the obligation of the owner of the
excluded property and continues to be secured by any statutory
liens on the property.
(c) After property is excluded under this subchapter, the
owner of the property is not liable to the district for future
taxes, assessments, or other charges of the district based on the
excluded property. (Acts 73rd Leg., R.S., Ch. 370, Sec. 7.)
Sec. 9007.158. DISTRICT FACILITIES AND EASEMENTS. An
exclusion order issued under this subchapter does not affect or
interfere with any rights that the district has to maintain and
continue operation of an easement, canal, ditch, pipeline, pump, or
other district facility that is located on the excluded property
for the purpose of servicing property remaining in the district.
(Acts 73rd Leg., R.S., Ch. 370, Sec. 9.)
Sec. 9007.159. SUBSTITUTION FOR EXCLUDED PROPERTY. (a) At
the sole discretion of the board, after the board issues an
exclusion order under this subchapter, property may be added to the
district if the property is:
(1) practically irrigable with water purchased from
the district; and
(2) in the aggregate less than or equal to the acreage
of property excluded under the exclusion order.
(b) Property may be added to the district under this section
only if the owner of the property files a petition requesting
inclusion. If the owner requesting inclusion already has acreage
within the district, all taxes and other assessments owed to the
district by the owner must be current before the board may consider
the petition requesting inclusion. (Acts 73rd Leg., R.S., Ch. 370,
Sec. 10.)
SECTION 1.09. Subtitle J, Title 6, Special District Local Laws Code, is amended by adding Chapter 9302 to read as follows:
CHAPTER 9302. ARANSAS COUNTY CONSERVATION AND
RECLAMATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9302.001. DEFINITIONS
Sec. 9302.002. CREATION; NATURE OF DISTRICT
Sec. 9302.003. LEGISLATIVE FINDINGS
Sec. 9302.004. LIBERAL CONSTRUCTION OF CHAPTER
Sec. 9302.005. CORRECTION OF INVALID PROCEDURES
Sec. 9302.006. DISTRICT TERRITORY
Sec. 9302.007. APPLICABILITY OF OTHER LAW
[Sections 9302.008-9302.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS; BOARD OF DIRECTORS
Sec. 9302.051. COMPOSITION OF BOARD
Sec. 9302.052. ELIGIBILITY TO SERVE
Sec. 9302.053. DIRECTORS ELECTION
Sec. 9302.054. BALLOT PROCEDURE FOR CANDIDATE
Sec. 9302.055. APPOINTMENT OF SECRETARY
Sec. 9302.056. VOTE BY BOARD PRESIDENT
Sec. 9302.057. BOND
Sec. 9302.058. COMPENSATION OF DIRECTORS
Sec. 9302.059. MEETINGS
Sec. 9302.060. DISTRICT RECORDS
Sec. 9302.061. DISTRICT OFFICE
[Sections 9302.062-9302.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9302.101. GENERAL POWERS
Sec. 9302.102. GENERAL WATER SUPPLY POWERS
Sec. 9302.103. SEAL
Sec. 9302.104. SURVEYS AND INVESTIGATIONS
Sec. 9302.105. PAYMENT OF EXPENSES
Sec. 9302.106. DISPOSAL OR LEASE OF DISTRICT PROPERTY
Sec. 9302.107. RESTRICTION ON DISTRICT WORKS,
IMPROVEMENTS, AND FACILITIES
Sec. 9302.108. CONSTRUCTION ON PUBLIC LAND
Sec. 9302.109. ACQUISITION OF PROPERTY; EMINENT DOMAIN
Sec. 9302.110. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 9302.111. SANITARY SEWER SYSTEM
Sec. 9302.112. ACQUISITION OF WATER STORAGE AND
STORAGE CAPACITY
Sec. 9302.113. CONSTRUCTION OR MAINTENANCE OF SEWER
SYSTEM PROHIBITED
Sec. 9302.114. ARRANGEMENTS WITH UNITED STATES
Sec. 9302.115. CONTRACTS AND COOPERATION WITH STATE
AND POLITICAL SUBDIVISIONS
Sec. 9302.116. AWARD OF CERTAIN CONTRACTS
Sec. 9302.117. WATER SUPPLY CONTRACTS
[Sections 9302.118-9302.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9302.151. TAXES AND ASSESSMENTS PROHIBITED
Sec. 9302.152. DEPOSITORY
Sec. 9302.153. FORM OF RECORDS AND ACCOUNTS
Sec. 9302.154. PROJECTS EXEMPT FROM ASSESSMENT OR
TAXATION
[Sections 9302.155-9302.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9302.201. AUTHORITY TO ISSUE REVENUE BONDS
Sec. 9302.202. INTERIM BONDS
Sec. 9302.203. REFUNDING BONDS
Sec. 9302.204. FORM OF BONDS
Sec. 9302.205. MATURITY
Sec. 9302.206. BOND SECURITY
Sec. 9302.207. TRUST INDENTURE
Sec. 9302.208. ADDITIONAL SECURITY
Sec. 9302.209. WATER RATES AND OTHER COMPENSATION
Sec. 9302.210. USE OF BOND PROCEEDS
Sec. 9302.211. APPOINTMENT OF RECEIVER
Sec. 9302.212. COMMISSION SUPERVISION OF PLANS AND
SPECIFICATIONS
Sec. 9302.213. REVIEW AND APPROVAL OF CONTRACTS
RELATING TO BONDS
Sec. 9302.214. BONDS EXEMPT FROM TAXATION
CHAPTER 9302. ARANSAS COUNTY CONSERVATION AND
RECLAMATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9302.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "District" means the Aransas County Conservation
and Reclamation District. (V.A.C.S. Art. 8280-296, Sec. 1 (part);
New.)
Sec. 9302.002. CREATION; NATURE OF DISTRICT. (a) The
district is a conservation and reclamation district and a political
subdivision created under Section 59, Article XVI, Texas
Constitution.
(b) A court shall take judicial notice of the district's
creation. (V.A.C.S. Art. 8280-296, Secs. 1 (part), 3 (part).)
Sec. 9302.003. LEGISLATIVE FINDINGS. (a) The legislature
finds that:
(1) the district will benefit all of the area of the
district;
(2) the district will serve a public use and be a
public benefit;
(3) the district is essential to the accomplishment of
the preservation and conservation of the natural resources of this
state; and
(4) the district's creation is in the public interest.
(b) The accomplishment of the purposes stated in this
chapter are for the benefit of the people of this state and for the
improvement of their properties and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the constitution of this state.
(V.A.C.S. Art. 8280-296, Secs. 1 (part), 13 (part), 17 (part).)
Sec. 9302.004. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect its purposes.
(V.A.C.S. Art. 8280-296, Sec. 17 (part).)
Sec. 9302.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that a procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms to
the constitution. (V.A.C.S. Art. 8280-296, Sec. 18 (part); Acts
62nd Leg., R.S., Ch. 582, Sec. 2 (part).)
Sec. 9302.006. DISTRICT TERRITORY. Unless the district
boundaries have been modified under Subchapter J, Chapter 49, Water
Code, or other law:
(1) the district's boundaries are coextensive with the
boundaries of Aransas County; and
(2) the district's territory does not include any
territory that on May 31, 1963, was included in a water control and
improvement district. (V.A.C.S. Art. 8280-296, Sec. 1 (part); New.)
Sec. 9302.007. APPLICABILITY OF OTHER LAW. Any law that
the district considers helpful to the district in carrying out the
district's purposes applies to the district, and the district has
all the power necessary to fully qualify for and gain the benefits
of that law. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
[Sections 9302.008-9302.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS; BOARD OF DIRECTORS
Sec. 9302.051. COMPOSITION OF BOARD. The board consists of
six directors. (V.A.C.S. Art. 8280-296, Sec. 2(a) (part).)
Sec. 9302.052. ELIGIBILITY TO SERVE. A director must
reside in and own land in the district. (V.A.C.S. Art. 8280-296,
Sec. 2(a) (part).)
Sec. 9302.053. DIRECTORS ELECTION. (a) Notice of a
directors election shall be published in a newspaper of general
circulation in the district one time at least 30 days before the
date of the election.
(b) The election order must state the time and places at
which the election will be held and the purpose of the election.
(c) The board shall declare elected the three candidates who
receive the highest number of votes. (V.A.C.S. Art. 8280-296, Sec.
2(c) (part).)
Sec. 9302.054. BALLOT PROCEDURE FOR CANDIDATE. (a) A
person who wants to have the person's name printed on the ballot as
a candidate for director must submit a petition to the board's
secretary requesting that action.
(b) The petition must be:
(1) signed by at least 10 qualified voters; and
(2) presented to the board's secretary not later than
the 10th day before the date of the election. (V.A.C.S. Art.
8280-296, Sec. 2(d).)
Sec. 9302.055. APPOINTMENT OF SECRETARY. The board shall
appoint a secretary, who is not required to be a director.
(V.A.C.S. Art. 8280-296, Sec. 2(g) (part).)
Sec. 9302.056. VOTE BY BOARD PRESIDENT. The president has
the same right to vote as any other director. (V.A.C.S.
Art. 8280-296, Sec. 2(g) (part).)
Sec. 9302.057. BOND. Each director shall execute a bond for
$5,000 conditioned on the faithful performance of the person's
duties as director. (V.A.C.S. Art. 8280-296, Sec. 2(a) (part).)
Sec. 9302.058. COMPENSATION OF DIRECTORS. Unless the board
by resolution increases the amount received by a director to an
amount authorized by Section 49.060, Water Code, a director shall
receive $25 for each board meeting the director attends. The amount
received in a calendar month may not exceed $100. (V.A.C.S. Art.
8280-296, Sec. 2(f) (part).)
Sec. 9302.059. MEETINGS. (a) The board shall hold
regular meetings at least once a month at the time and place fixed
by board resolution or board bylaws.
(b) The president or any two directors may call a special
meeting if necessary to administer district business.
(c) The secretary shall mail notice of the special meeting
to each director not later than the fifth day before the date of the
meeting.
(d) A director in writing may waive notice of special
meetings. (V.A.C.S. Art. 8280-296, Sec. 2(g) (part).)
Sec. 9302.060. DISTRICT RECORDS. The board's accounts of
its meetings and proceedings and its minutes, contracts, notices,
accounts, receipts, and other records are subject to public
inspection. (V.A.C.S. Art. 8280-296, Sec. 2(h) (part).)
Sec. 9302.061. DISTRICT OFFICE. The board shall maintain
an office in the district for conducting district business.
(V.A.C.S. Art. 8280-296, Sec. 2(h) (part).)
[Sections 9302.062-9302.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9302.101. GENERAL POWERS. The district may perform
any act necessary or proper to carry out a district purpose.
(V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.102. GENERAL WATER SUPPLY POWERS. (a) The
district may develop an adequate supply of fresh water and may
process, transport, and distribute fresh water for municipal,
domestic, irrigation, and industrial purposes.
(b) The district may:
(1) develop, construct, lease, or purchase dams,
reservoirs, underground and other sources of water, and any other
facilities necessary or useful to:
(A) provide a source of water supply; and
(B) store, process, transport, and distribute
water for municipal, domestic, irrigation, and industrial
purposes;
(2) purchase water or a water supply from any person,
including this state, a public agency, or the United States;
(3) at the board's discretion, contract and combine
with one or more large users of water to acquire a joint water
supply or an agreed allocation of water storage or contract
independently for the district's water supply; and
(4) acquire water appropriation permits directly from
the Texas Commission on Environmental Quality or from owners of
permits. (V.A.C.S. Art. 8280-296, Secs. 3 (part), 15 (part).)
Sec. 9302.103. SEAL. The district may adopt a corporate
seal. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.104. SURVEYS AND INVESTIGATIONS. The district
may conduct or arrange for a survey or an engineering investigation
to provide information for the district to facilitate the
accomplishment of a district purpose. (V.A.C.S. Art. 8280-296,
Sec. 3 (part).)
Sec. 9302.105. PAYMENT OF EXPENSES. The district may pay an
expenditure considered essential to:
(1) an investigation; or
(2) the organization, operation, or maintenance of the
district. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.106. DISPOSAL OR LEASE OF DISTRICT PROPERTY. (a)
The district may dispose of property or a property right that is not
needed for a district purpose.
(b) The district may lease property or a property right for
a purpose that does not interfere with the use of district property.
(V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.107. RESTRICTION ON DISTRICT WORKS,
IMPROVEMENTS, AND FACILITIES. Except as provided by Section
9302.111, the district may provide only the works, improvements,
and facilities that the board finds necessary and useful to develop
a source of fresh water or provide and distribute fresh water.
(V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.108. CONSTRUCTION ON PUBLIC LAND. (a) The
district may construct any necessary work or improvement over,
across, and along:
(1) a public stream, road, or highway; and
(2) land belonging to this state.
(b) A plan for an improvement under Subsection (a) or a
state highway is subject to the approval of the Texas Department of
Transportation. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.109. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
(a) The district may acquire land, easements, rights-of-way, or
other property in or outside the district that is incident to or
helpful in carrying out a district purpose. The district may make
the acquisition by device or lease-purchase or by exercising the
power of eminent domain.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code.
(c) The district may not:
(1) exercise the power of eminent domain outside
Aransas County; or
(2) apply the power of eminent domain to a private
water supply. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.110. COST OF RELOCATING OR ALTERING PROPERTY.
(a) If the district, in the exercise of the power of eminent
domain, the power of relocation, or another power granted under
this chapter, makes necessary taking property or relocating,
raising, rerouting, changing the grade of, or altering the
construction of a highway, railroad, electric transmission line,
telephone or telegraph property or facility, or pipeline, the
district shall pay for the necessary action.
(b) The district's duty to pay under this section is limited
to the actual cost, without enhancement, of the property taken or
work required, after deducting any net salvage value derived from
property taken. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.111. SANITARY SEWER SYSTEM. (a) In this section,
"sanitary sewer system" means the works, facilities, plants,
equipment, and appliances incident, helpful, or necessary to the
collection, transportation, processing, disposal, and control of
all domestic, industrial, or communal wastes, including fluids,
solids, or composites.
(b) The district may purchase, acquire, construct, operate,
maintain, improve, and extend a sanitary sewer system. (V.A.C.S.
Art. 8280-296, Sec. 3(a) (part).)
Sec. 9302.112. ACQUISITION OF WATER STORAGE AND STORAGE
CAPACITY. (a) The district may lease or otherwise acquire rights
to storage and storage capacity in a reservoir constructed or to be
constructed by any person, including this state, a public agency of
this state, or the United States.
(b) The district may purchase storage capacity for water
from any person, including this state, a public agency of this
state, or the United States. (V.A.C.S. Art. 8280-296, Sec. 15
(part).)
Sec. 9302.113. CONSTRUCTION OR MAINTENANCE OF SEWER SYSTEM
PROHIBITED. Except as provided by Section 9302.111, the district
may not construct or maintain a sewer system. (V.A.C.S. Art.
8280-296, Sec. 3 (part).)
Sec. 9302.114. ARRANGEMENTS WITH UNITED STATES. (a) The
district may cooperate with, contract with, or receive a grant,
loan, or advancement from the United States to exercise a district
power or to further a district purpose.
(b) The district may contribute to the United States in
connection with any project undertaken by the United States that
affects or relates to a district purpose. (V.A.C.S. Art. 8280-296,
Sec. 3 (part).)
Sec. 9302.115. CONTRACTS AND COOPERATION WITH STATE AND
POLITICAL SUBDIVISIONS. The district may cooperate and contract
with this state or a political subdivision of this state to carry
out a district purpose. (V.A.C.S. Art. 8280-296, Sec. 3 (part).)
Sec. 9302.116. AWARD OF CERTAIN CONTRACTS. (a) This
section applies only to a construction contract or a contract for
the purchase of materials, equipment, or supplies requiring an
expenditure of more than $2,000.
(b) This section does not apply to the purchase of water or a
water system or facility existing at the time of the purchase.
(c) The district shall award a contract to the lowest and
best bidder after publishing notice to bidders once a week for two
weeks in a newspaper published in Aransas County that is designated
by the board.
(d) The notice must state:
(1) the time and place for opening the bids;
(2) the general nature of the work to be done under the
contract or the material, equipment, or supplies to be purchased
under the contract; and
(3) the location at which and the terms on which copies
of the plans and specifications may be obtained. (V.A.C.S. Art.
8280-296, Sec. 4.)
Sec. 9302.117. WATER SUPPLY CONTRACTS. (a) The district
may contract with a municipality or other person to supply water
services to the municipality or person.
(b) The district may contract with a municipality to rent,
lease, or operate the municipality's facilities for water
production, supply, filtration, or purification.
(c) The parties to the contract may agree on the contract
terms, including consideration and duration.
(d) The contract may provide that the contract continues in
effect until any bonds specified in the contract, and any refunding
bonds issued for those bonds, are paid. (V.A.C.S. Art. 8280-296,
Sec. 14.)
[Sections 9302.118-9302.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9302.151. TAXES AND ASSESSMENTS PROHIBITED. The
district may not:
(1) impose a tax or assessment; or
(2) create a debt or issue a bond payable from a tax or
assessment. (V.A.C.S. Art. 8280-296, Secs. 3(a) (part), 5(b)
(part).)
Sec. 9302.152. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) All district money shall be deposited with the
depository bank or banks, except that sufficient money must be
remitted to the bank or banks of payment to pay the principal of and
interest on the district's outstanding bonds on or before the
maturity date of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being selected
as a depository. (V.A.C.S. Art. 8280-296, Sec. 12.)
Sec. 9302.153. FORM OF RECORDS AND ACCOUNTS. District
records and accounts must conform to approved methods of
bookkeeping. (V.A.C.S. Art. 8280-296, Sec. 2(h) (part).)
Sec. 9302.154. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION.
The district is not required to pay a tax or assessment on a project
or any part of a project. (V.A.C.S. Art. 8280-296, Sec. 13 (part).)
[Sections 9302.155-9302.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9302.201. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
district may borrow money and issue revenue bonds to:
(1) provide money to purchase or otherwise provide a
work, plant, facility, or appliance necessary to accomplish a
district purpose; and
(2) exercise a power under this chapter.
(b) The bonds must be payable from revenue the board by
resolution pledges. (V.A.C.S. Art. 8280-296, Sec. 5(b) (part).)
Sec. 9302.202. INTERIM BONDS. Before issuing definitive
bonds under this subchapter, the board may authorize the delivery
of interim bonds or notes exchangeable for definitive bonds.
(V.A.C.S. Art. 8280-296, Sec. 5(c) (part).)
Sec. 9302.203. REFUNDING BONDS. (a) The district may
issue refunding bonds to refund outstanding bonds issued under this
subchapter and interest on those bonds.
(b) Refunding bonds may:
(1) be issued to refund bonds of more than one series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by a pledge of other or additional
revenue or mortgage liens.
(c) The provisions of this subchapter regarding the
issuance of other bonds, their security, and the remedies of the
holders apply to refunding bonds.
(d) The comptroller shall register the refunding bonds on
surrender and cancellation of the bonds to be refunded.
(e) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the resolution authorizing the issuance of the
refunding bonds, may provide for the sale of the refunding bonds and
the deposit of the proceeds in a bank at which the bonds to be
refunded are payable in the manner prescribed by Section 1207.061,
Government Code. In that case, the refunding bonds may be issued in
an amount sufficient to pay the principal of and interest on the
bonds to be refunded to their effective option date or maturity
date, and the comptroller shall register the refunding bonds
without the surrender and cancellation of the bonds to be refunded.
(V.A.C.S. Art. 8280-296, Sec. 6.)
Sec. 9302.204. FORM OF BONDS. Bonds issued under this
subchapter must:
(1) be issued in the district's name;
(2) be signed by the president; and
(3) be attested by the secretary. (V.A.C.S. Art.
8280-296, Sec. 5(c) (part).)
Sec. 9302.205. MATURITY. A bond issued under this
subchapter must mature not later than 40 years after its date of
issuance. (V.A.C.S. Art. 8280-296, Sec. 5(c) (part).)
Sec. 9302.206. BOND SECURITY. (a) In this section, "net
revenue" means the district's gross revenue after deducting the
amount necessary to pay the reasonable cost of maintaining and
operating the district and its properties.
(b) Bonds issued under this subchapter may be secured by:
(1) a pledge of all or part of the district's net
revenue, including the net revenue of a contract made before or
after the issuance of the bonds; or
(2) any other revenue and income specified by board
resolution or the trust indenture.
(c) A bond security pledge under this section may reserve to
the district, under conditions specified by the pledge, the right
to issue additional bonds that will be on a parity with or
subordinate to the bond then being issued. (V.A.C.S. Art.
8280-296, Sec. 5(e).)
Sec. 9302.207. TRUST INDENTURE. (a) Bonds authorized by
this subchapter may be additionally secured by a trust indenture
under which the trustee may be a bank that has trust powers. The
bank may be located in or outside this state.
(b) Regardless of any deed of trust or mortgage lien on the
physical property of the district, the trust indenture may:
(1) contain any provision the board prescribes for the
security of the bonds and the preservation of the trust estate;
(2) provide for amendment or modification of the trust
indenture;
(3) contain provisions governing issuance of bonds to
replace lost or mutilated bonds;
(4) condition the right to spend district money or
sell district property on the approval of a licensed engineer
selected as provided by the trust indenture; and
(5) provide for the investment of district money.
(V.A.C.S. Art. 8280-296, Sec. 7 (part).)
Sec. 9302.208. ADDITIONAL SECURITY. (a) At the board's
discretion, the district may additionally secure bonds authorized
by this subchapter by a deed of trust or mortgage lien on the
physical properties of the district and all franchises, easements,
water rights and appropriation permits, leases, contracts, and
rights appurtenant to the properties.
(b) The deed of trust or mortgage lien may vest in the
trustee the power to:
(1) sell the properties for payment of the debt;
(2) operate the properties; and
(3) take any other action to further secure the bonds.
(c) A purchaser at a sale under the deed of trust lien:
(1) is the absolute owner of the property, including
the facilities, and rights purchased; and
(2) is entitled to maintain and operate the properties
and facilities. (V.A.C.S. Art. 8280-296, Sec. 7 (part).)
Sec. 9302.209. WATER RATES AND OTHER COMPENSATION. (a) If
the district issues bonds payable wholly from revenue, the board
shall establish the rates of compensation for water sold and
services provided by the district and collect the compensation in
an amount sufficient to:
(1) pay the expense of operating and maintaining
district facilities;
(2) pay the bonds as they mature and interest on the
bonds as it accrues; and
(3) maintain the reserve and other funds as provided
by the resolution authorizing the bonds.
(b) If the district issues bonds payable partly from
revenue, the board shall establish the rates of compensation for
water sold and services provided by the district and collect the
compensation in an amount sufficient to ensure compliance with the
resolution authorizing the bonds. (V.A.C.S. Art. 8280-296, Sec.
5(g).)
Sec. 9302.210. USE OF BOND PROCEEDS. (a) The district may
set aside and use the proceeds from bond sales for the payment of
interest expected to accrue during construction and a reserve
interest and sinking fund. The resolution authorizing the bonds
may provide for setting aside proceeds under this subsection.
(b) The district may use proceeds from the sale of bonds to
pay an expense necessarily incurred in accomplishing the purpose
for which the bonds are issued, including the expense of issuing or
selling bonds.
(c) The district may use proceeds from the sale of revenue
bonds for the payment of all expenses necessarily incurred in
accomplishing a district purpose.
(d) The proceeds from the sale of bonds may be:
(1) placed on time deposit with the district's
depository bank; or
(2) temporarily invested in direct obligations of the
United States maturing not later than the first anniversary of the
date of investment. (V.A.C.S. Art. 8280-296, Sec. 5(h).)
Sec. 9302.211. APPOINTMENT OF RECEIVER. (a) On default or
threatened default in the payment of the principal of or interest on
bonds issued under this subchapter that are payable wholly or
partly from revenue, a court may, on petition of the holders of
outstanding bonds, appoint a receiver for the district.
(b) The receiver may collect and receive all district
income, employ and discharge district agents and employees, take
charge of money on hand, and manage the district's proprietary
affairs without the consent of or hindrance by the directors.
(c) The court appointing the receiver may:
(1) authorize the receiver to sell or contract for the
sale of water or other services provided by the district or renew
those contracts with the approval of the court; and
(2) vest the receiver with any other power or duty that
the court finds necessary to protect the bondholders.
(d) The resolution authorizing the issuance of the bonds or
the trust indenture securing the bonds may limit or otherwise
qualify the rights of less than all of the holders of the
outstanding bonds payable from the same source to institute or
prosecute litigation affecting the district's property or income.
(V.A.C.S. Art. 8280-296, Sec. 5(i).)
Sec. 9302.212. COMMISSION SUPERVISION OF PLANS AND
SPECIFICATIONS. (a) Before the district may issue construction or
improvement bonds, the district must submit the plans and
specifications for the construction or improvement to the Texas
Commission on Environmental Quality for approval in the manner
required by Section 49.182, Water Code.
(b) The Texas Commission on Environmental Quality may
inspect the district's projects and improvements during the course
of construction as provided by Section 49.182, Water Code.
(V.A.C.S. Art. 8280-296, Sec. 5(j) (part).)
Sec. 9302.213. REVIEW AND APPROVAL OF CONTRACTS RELATING TO
BONDS. (a) If bonds issued under this subchapter state that the
bonds are secured by a pledge of the proceeds of a contract made
between the district and a municipality or other governmental
agency, authority, or district, a copy of that contract and the
proceedings of the entities authorizing the contract must be
submitted to the attorney general with the bonds and the records of
proceedings relating to the bonds.
(b) If the attorney general finds that the bonds have been
authorized and the contract has been made in accordance with law,
the attorney general shall approve the bonds and the contract.
(V.A.C.S. Art. 8280-296, Sec. 9 (part).)
Sec. 9302.214. BONDS EXEMPT FROM TAXATION. A bond issued
under this subchapter, the transfer of the bond, and any income from
the bond, including any profit made from the sale of the bond, are
exempt from taxation by this state or a political subdivision of
this state. (V.A.C.S. Art. 8280-296, Sec. 13 (part).)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 2, Chapter 372, Acts of the 56th
Legislature, Regular Session, 1954 (Article 8280-234, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 2. [It is expressly determined and found that all of
the territory included within the area of the District will be
benefited by the works and projects which are to be accomplished by
the Authority pursuant to the powers conferred by the provisions of
Article XVI, Section 59, of the Constitution of Texas.] The area of
the Authority shall be all of that territory enclosed within the
following metes and bounds description, to-wit:
BEGINNING at a point in the Montague and Cooke County Line, in
the Southwest line of the B. B. B. & C. R. R. Co. Survey No. 23,
Abst.No. 89, said point being in the Northeast boundary line of Geo.
A. Larue Survey Abst.No. 1167, being 1340 vrs. more or less, N. 55
W. from the South corner of said Bur. 23 B. B. B. & C. R. R. C.
Survey. Abst.No. 89, and 522 vrs. more or less, N. 55 W. from the
East corner of said George A. Larue Survey Abst.No. 1167:
THENCE North 55 West along the Southwest line of B. B. B. & C.
R. R. Co. Sur. No. 23, and the Northeast line of the Geo. A. Larue
Sur., at 211 vrs, more or less, pass the North cor. or the Geo. A.
Larue Sur., also being the most Northerly East Cor. of the H. D.
Payne Sur. Abst. No. 1376, continuing same course, at 560 vrs. pass
the West corner of B. B. B. & C. R. R. Co. Sur. No. 23, Abst. No. 89,
also the South corner of Jasper Field Sur. Abst. No. 1083.
Continuing North 55 West along the S. W. B. L. of said Jasper Field
Sur. pass his West Corner, being the South corner of B. B. B. & C. R.
R. Co. Sur No. 25, Abst No. 91, and continuing same course along the
S. W. B. L. of said B. B. B. & C. R. R. Co. Sur. 25, Abst. No. 91, to
its West Corner, being the South corner of Jasper Field Sur. Abst.
1084, being a point in the N. E. B. L. of the Elizabeth Rose Survey
Abst. No. 1257, same being 4360 vrs., more or less in all from the
point of beginning.
THENCE North 35 deg. East 950 vrs. along the N. W. B. L. of the
B. B. B. & C. R. R. Co. Sur. 25 Abst 91, to a point for cor. being the
North Cor. or the S.W. 1/2 of said B. B. B. & C. R. R. Co. Sur. No.
25, on the S. E. B. L. of the Jasper Field Sur. Abst. No. 1084;
THENCE North about 42 deg. West, crossing the entire Jasper
Field Sur. Abst. 1084 to the South corner of the A. W. Howard Sur.
Abst. No. 324.
THENCE North 37 deg. West 264 vrs. along the S. W. B. L. of the
A. W. Howard Sur., being the most Westerly North corner of the
Jasper Field Survey Abst. 1084, said point also being the East
corner of the I. G. Sommers Sur. Abst. No. 694:
THENCE In a Northwesterly direction, crossing the I. G.
Sommers Sur. Abst. 694, to its inner ell corner, also being the
South Corner of the V. B. Mathews Sur. Ab. 557:
THENCE N. 37 deg. W. 580 vrs. along S. W. B. L. of said V. B.
Matthews Survey to the most Northerly North corner of said I. G.
Sommers sur. also being the most Southerly East corner of the Daniel
Rasor Sur. Abst. No. 660:
THENCE S. 53 deg. W. 637 vrs. along S. E. B. L. of said Daniel
Rasor Sor. Abst. 660, to his South corner, same being a point at an
inner ell corner of the Cradrilla Irrigation Co. Sur. Abst. 1145:
THENCE N. 37 deg. W. 1400 vrs. corner, being the West corner
of said Daniel Rasor Sur., said point also being in the S. E. B. L.
of the Dye Mound and Saint Jo road:
THENCE N. 53 deg. E. 18.9 vrs. corner, being a point on the N.
W. B. L. of Daniel Rasor Sur., also being the South corner of the A.
Stewart Sur. Abst. No. 713;
THENCE N. 37 deg. W. at 828 vrs. pass the West corner of the A.
Stewart Sur. Abst 713, at 855 varas corner, the inner ell corner of
the C. E. Holmes Sur. Ab. No. 1627 said point also being the most
northerly corner of the Cuadrilla Irrigation co. Sur. Abst 1145;
THENCE S. 53 deg. West 86.5 vrs. corner, being the most
Westerly South corner of said C. E. Holmes Sur, same being the East
Corner of the John Burgess Sur. Abst No. 29;
THENCE N. 37 deg. W. at 463 vrs. the West cor. of said C. E.
Holmes Sur. same being the most Southerly South cor. of the M. B.
Lewis Sur. Abst. No. 424 continuing same course 907 vrs. in all to
an inner ell corner of the M. B. Lewis Sur. also being the most
Easterly North cor. of the John Burgess Sur. Ab. No. 29;
THENCE S. 53 W. at 208 vrs. cross road, in all 402 vrs, to
inner ell corner of the John Burgess Sur. Abst No. 29;
THENCE N. 37 W. at 805 vrs. pass the North corner of the said
John Burgess sur, also being the East cor of the L. S. Farrar Sur.
Abst. No. 282, continuing N. 37 deg W. along the N. E. B. L. of said
Farrar Sur. 1465 vrs. in all to point in South line of the Montague
and Saint Jo Road, same being the West cor of the C. D. Meador et al,
266.86 acre tract out of said M. B. Lewis Survey Abst. No. 424 also
being the North cor. of Geo. E. and Roy R. Peery 145.75 acre tract
out of said L. S. Farrar Sur. Abst No. 282;
THENCE S. 89 W. along S. line of said road 520 vrs. to cor. in
N. W. B. L. of said Farrar survey;
THENCE S. 53 deg. W. 70 vrs. more or less, cor in South line of
said road said point being the most Northerly E. Cor of the William
C. Masters Sur Abst No. 1244;
THENCE in a Westerly direction, to a cor on the S. E. B. L. of
the John A. Ivie Sur. Abst. No. 911, also on the N. W. B. L. of the
said William C. Masters Sur. Said point being S. 53 deg. W. 184.20
vrs. from the East Cor. of said John A. Iris Sur. at the South cor.
of the Walter Hoover's Northeast 30.09 acre tract out of said Ivie
Sur. Also being the East Cor. of L. A. Husband 57.7 acre tract out
of the said John A Ivie Survey;
THENCE N. about 66 Deg. W. Crossing the S.W. portion of said
L. A. Husband 57.7 acres out of the John A. Ivie Sur., 1080 vrs.,
more or less, to the S. Cor. of the said 57.7 acre tract, in the N.
W. B. L. of the said Ivie Sur;
THENCE N. 59-1/2 Deg. W. 378 vrs. more or less, along the N.E.
Line of road to cor. in road, also being a point in the S.W. Line of
the L. A. Husband 83.1 acre tract out of the M. B. Lewis Sur. Abst.
No. 424;
THENCE S. across Geo. E. and Roy R. Peery's 130.31 acre tract
out of the M. B. Lewis Sur. Abst. No. 424, to a point on the N. E. B.
L. of the John W. Kelley Sur. Abst No. 408, said point being S. 43
Deg. E. from the North Cor. of the said John W. Kelley Sur;
THENCE S. about 50 Deg. W. 520 vrs., more or less, to the East
Cor of the J. W. Cole 43.32 acre tract out of said John W. Kelley
Sur. Abst. No. 408, also being 290 vrs. S. 46 Deg. W. and 671.3 vrs.
S. 23-1/4 Deg. E. from the N. Cor. of the said Kelley Sur. in center
of Montague & Saint Jo Road;
THENCE S. 67.75 W. with road 169-1/2 vrs;
THENCE S. 77.75 W. with road 232-1/2 vrs;
THENCE S. 78.75 W. with said road 164.20 vrs. to a point in
said road on W. bank of a ravine near the W end of a small bridge,
being the S.W. Cor. of said J. W. Cole 43.32 acre tract in said
Kelley Survey;
THENCE S. 58 Deg. W. 4314 vrs;
THENCE S. 58 Deg. W. 433-4/5 vrs., more or less, along the S.
E. B. L. of a certain 55.29 acre tract;
THENCE S. 30.75 Deg. W. 118 vrs;
THENCE S. 61 W. 320 vrs. to Cor. on S. W. B. L. of said Kelley
sur. being a point 193 vrs. S. 43 Deg. E. from the W. Cor. of said
Kelley sur. also being a point on the N. E. B. L. of the M. Hunt Sur.
Abst. No. 349;
THENCE S. 47 Deg. W. 1344 vrs. cross the M. Hunt Sur. Abst No.
349, to a point on the N. E. B. L. of the J. Collier Sur. Abst. 1212,
said point being 528 vrs. S. 43 E. From the N. Cor. of the said J.
Collier Sur. Abst. 1212;
THENCE IN A S.W. direction along the S. B. L. of a certain 10
acre tract, owned by the Estate of Lillie Reimers out of the N. Cor.
of said J. Collier Sur, to a point of the N. E. B. L. of the M. Hunt
Sur. Abst. No. 350; being 640 vrs., more or less, S. 25 E. from the
N. Cor. of the M. Hunt Sur. Abst. No. 350;
THENCE S. 25 deg E. about 72 vrs. to Cor. in N.E. line of said
Hunt Sur. also being the North cor. of the E. 20 acres of the M. Hunt
Sur. Abst. No. 350;
THENCE S. about 63 Deg. W. crossing the M. Hunt Sur. Abst 350,
1345 vrs. more or less to the S. W. B. L. of same, also a point in N.
E. B. L. of Blk. 18 of the upper League of Calhoun County School Land
Sur. Abst. No 122, being 600 vrs. S. 25 E. from the N. Cor. of said
Blk. 18;
THENCE S. about 67 Deg. W. across said Blk. 18 of Calhoun
County School Land Sur. Abst No. 122, through that certain North W.
112 acre tract in said Blk. 18, owned or once owned by J. N. Collier,
approximately 1190 vrs. to the N. Cor. of Blk 19, and E. Cor. of Blk,
24 of said Calhoun County School Land Sur. Abst 122;
THENCE W. about 430 vrs to a point for corner, which is about
374 vrs. S. 47 W. and 415 vrs. N. 43 W. from the E. Cor. of Blk. 24
Calhoun County School Land Sur. Abst. 122;
THENCE S. 43 W. at 577 Vrs. cross S. W. B. L. of Blk 24, and N.
E. B. L. of Blk 25 Calhoun County Sch. Ld. Sur. Abst. 122,
continuing S. 43 Deg. W. along the S. E. B. L. of the J. M. Chambers
101 acres out of the N. W. Part of Blk. 25 Calhoun, in all 1525 vrs.
to Cor. on S. W. B. L. of Blk. 25. Said point being the W. Cor. of C.
McCall Est. S.E. 70 acre tract out of said Blk. 25 being a point in
N. E. B. L. of Blk, 26, said Calhoun County School Land Survey;
THENCE S. 47 E. at 415 vrs. Passing the East Cor. of Blk, 26,
also the North. Cor. of Blk. 21, the W. Cor. Blk. 20 and S. Cor. Blk.
25, continuing S. 47 E. along N. E. B. L. of Blk. 21 to its East Cor.
in all 1365 vrs;
THENCE S. 47 Deg. W. 600 Vrs. Cor. in N. W. B. L. of Blk 17
Calhoun;
THENCE S. about 76 Deg. E. 1200 vrs. more or less, to the East
Cor. of said Blk. 17, Calhoun Co. also being in N. Cor of Blk. 13,
the W. Cor. Blk 12 and the S. Cor. of Blk 16, and Calhoun County.
School Land Sur Abst. 122;
THENCE S. 47 Deg. E. Along N. E. B. L. of Blk. 13 at 950 vrs.
pass its E Cor. also the N. Cor. Blk 9, Calhoun County School Land
Sur. Continuing S. 47 E. in All 1896 vrs., more or less to the E.
Cor. of Said Blk. 9, Calhoun County School Land Sur. said point also
being the N. Cor. of Blk. 5, the S. Cor. Blk 8 and the W. Cor of Blk.
4;
THENCE S. 47 W. along N. W. B. L. Blk 5, 727 vrs. to point in
N. W. B. L. of said Blk, 5, also being the W. Cor. of S. T. Tompkins
122 acre tract in the N.E. Part of Blk 5. Calhoun County Abst. 122;
THENCE S. 43 Deg. E. 950 vrs to Cor. in S. E. B. L. of Blk. 5
Calhoun, same being a point on N. W. B. L. of League 11 Calhoun
County School Land Sur. Abst N. 121;
THENCE S. 47 W. 387 vrs. to a point for Cor, being the S. Cor.
of Blk 5, Calhoun County Sch. Ld. Sur. Abst 122; and the West Cor. of
Blk 24 Calhoun County Sch. Land, Sur. Abst No 121;
THENCE S. 43 E. pass the S. Cor. of Blk, 24, Calhoun County
Sch. Ld. Sur. Abst. 121, which is also the W. Cor. of Blk 25, of
Calhoun County Sch. Ld. Sur. Abst 121, continuing in all 1425 vrs.,
more or less, to the S. Cor. of Blk, 25, also the W. Cor. of Blk 26,
Calhoun County School Land Sur. Abst. No. 121;
THENCE S. about 47 W. 537.5 vrs. to point for Cor, being the
N. Cor. of the Fred Love 220 acre tract out of Sec. 1, E. T. R. R. Co.
Sur. Abst. 256;
THENCE S. 43 E. 1050 vrs., more or less along the N. E. L. of
said Love 220 acre tract to Cor. on N. W. B. L. of Elias Spray Sur.
Ab. 672, said point also being 637.5 vrs. S. 47 W. from the N. Cor.
of said Spray Survey;
THENCE S. 47 W. 213 vrs. along the N. W. B. L. of the Spray
Sur. a Cor. same being the W Cor. of the North 100 acres of the Elias
Spray Sur. Abst No. 672;
THENCE S. 43 E. 1900 vrs. Cross the said Spray Sur. to Cor. in
the S. E. B. L. also point in most Easterly N. W. B. L. of the Z.
Westmoreland Sur. Abst. No. 859;
THENCE N. 47 E. 326 vrs. Cor. in the S.E. Line of the Spray
Sur. also the most Easterly N. Cor. of the Z. Westmoreland Sur.
Abst. 859, same being the most Northerly W. Cor. or the J. H. Pond
Sur. Abst. No. 1505;
THENCE S. 45 E. 423 Vrs. the E. Cor. of Westmoreland Sur;
THENCE S. 45 W. 150 vrs. a Cor. being the N. Cor. of the L. L.
Mobley Sur Abst 555;
THENCE S. 45 E. 950 vrs. to E. Cor of said L. L. Mobley Sur.
also being in inner ell cor. of said J. H. Pound Survey;
THENCE S. 45 Deg. W. 475 vrs. Cor. in S. E. B. L. of the L. L.
Mobley Sur. being the most Southerly W. Cor. of said J. H. Pound
Sur, also the N. Cor. of the S. D. Hughes Sur. Abst No. 1293;
THENCE S. 45 Deg. E. passing S. Cor. of J. H. Pound Sur. Abst
No. 1505, and W. Cor. of Levi Noblett Sur. Abst. No. 115, in all 964
vrs. to point on the N. W. B. L. of George E. Bibens Sur. Abst No.
310;
THENCE S. 30 deg. W. 497 vrs. to the W. Cor. of the said George
E. Givens Sur. also being an inner ell cor. of the S. D. Hughes Sur.
Abst 1293;
THENCE S. 60 E. along S. W. B. L. of said Givens Sur. 180 vrs.
more or less to Cor. in West line of County Road;
THENCE S. about 26 E. along W. Line of said road crossing a
portion of the S. D. Hughes Sur. Abst No. 1293, 272 vrs, more or
less, to a point in the N. W. B. L. of the J. W. Williams Sur. Abst
No. 1398;
THENCE S. 40 deg. E. along said road 685 vrs. corner;
THENCE N. 72 E. along said road 55 vrs. a corner, being the
most Easterly N. Cor. of a certain 23.4 acre tract in the S. Cor. of
said J. W. Williams Sur. owned by Milton Littell;
THENCE S. 207 vrs. to the N. W. Cor. of the Nath McElroy sur.
Abst. No. 541;
THENCE E. along the N. Line of said McElroy Sur. 950 vrs. to
N. E. Cor. of said Sur.
THENCE S. 950 vrs. to S. E. Cor. of said McElroy Sur., said
point also being in the W. B. L. of the Seth Cary Sur. Ab. 1142;
THENCE S. about 60 E. 979 vrs. more or less, cross the Claude
A. Willis 463.8 acre tract in said Seth Cary Sur., to the N. W. Line
of the S. A. Lemons Sur. Abst. No. 1169, being a point 471 vrs S. 45
W. from the N. Cor. of the said Lemons Sur.;
THENCE N. 45 E. 471 vrs. to the N. Cor. of the S. A. Lemons
Sur. Abst 1169;
THENCE S. 45 E. along N. E. B. L. of said Lemons Sur. 950 vrs.
to its E. Cor;
THENCE S. 45 W. 873 Vrs. along said Lemons S.E.B.L. to its
most Southerly S. Cor. also cor. on the N.E.B.L. of the Dora Boohr
Sur. Abst. No. 102;
THENCE S. 45 E. 450 vrs. to the East Cor. of said Sooher Sur.
also on inner Cor. of the James Underhill Sur. Abst. No. 1007;
THENCE N. 107 vrs. to the most Northerly N.W. Cor. of said
James Underhill Sur;
THENCE E. 447 vrs. to the N.E. Cor of said Underhill Sur;
THENCE S. 816 Vrs. to the most Southerly E. Cor. of said
Underhill Sur. also a point in N.W.L. of the Alex G. Perryman Sur.
Abst. No. 597, also being the most Southerly Cor. of the Seth Cary
Sur. Abst No. 1142;
THENCE N. 45 E. about 430 Vrs. more or less to the N. Cor. of
Alex G. Perryman Sur. Abst. No. 597 also being the W. Cor. of the J.
L. Luckenback Sur. Ab. No. 1408;
THENCE S. 45 E. 751 Vrs. along N.E.B.L. of said Perryman Sur.
to its E. Cor;
THENCE S. 45 W. 350 Vrs. more or less, to a point in the
S.E.B.L. or said Perryman Sur. also being the most Northerly N. Cor.
of the E. Willis (alias Ward) Sur. Abst No. 846;
THENCE S. 45 E. pass the S. Cor of the Geo. W. Fanning Sur.
Abst. No. 1027, at 752 Vrs pass most Northerly E. Cor. of said E.
Willis (alias Ward) Sur. which is also the N. Cor. of the J. B.
McClyman Sur. Abst No. 494, continuing same course along N.E.B.L.
of said McClyman Sur. and the S.W.B.L. of the J. F. Dlmore Sur. Abst
No. 1532, to a point for cor., being the South corner of the said
Elmore Sur. and the E. Cor. of said McClyman Sur;
THENCE S. 45° W. 1012 Vrs. along S.E.B.L. of said McClyman
Sur. to its S. Cor., said point being an inner ell cor. of the L. N.
Gambell Sur. Ab. No. 1029;
THENCE N. 45° W. 144 Vrs. Cor. on S.W.L. of the McClyman Sur.
also being the most Southerly E. Cor of the E. Willis Sur. also
being the most Southerly N. Cor. of said L. N. Ganbell Sur;
THENCE S. 45° W. 525 Vrs. along the N.W.B.L. of said Gambell
Sur to a point on N.E.B.L. of the J. W. Medley Sur. Abst No. 918;
THENCE S. 45° E. 96 Vrs. to E. Cor of the said J. W. Medley
Sur;
THENCE S. 45° W. at 38 vrs. more or less, pass the most
Northerly N. Cor. of the J. G. Barnes Sur. Abst No. 1134; at 138 vrs.
more or less, the most Northerly W. Cor of said J. G. Barnes Sur.
also being the North Cor. or the Francis Seeds Sur. Ab. 1043;
THENCE S. 45° E. with N.E.B.L. of said Francis Seeds sur, 324
vrs., more or less, to Cor in W.B.L. of road;
THENCE S. About 65° E. Crossing road 490 vrs. more or less,
across to portion of a certain 5 acre tract once owned by Grace M.
Wood out of said J. G. Barnes Sur. to an inner Cor. of the J. G.
Barnes Sur. Abst. No. 1134;
THENCE S. 180 Vrs. Cor. on N.E.B.L. of said Francis Seeds Sur.
Abst 1043;
THENCE S. 45° E. 70 Vrs., more or less, to the E. Cor. of said
Francis Seeds Sur.;
THENCE S. 45° W. 485 Vrs. to a point on N.E.B.L. of the James
Pettitt Sur. Abst. No. 928, said point being the most Northerly S.
Cor. of said Seeds Sur.;
THENCE S. 45° E. 643 Vrs. along the N.E.B.L. of said James
Pettitt Sur. to its E. Cor.;
THENCE S. 45° W. 136 Vrs. along S.E.B.L. of said Pettitt Sur.
to the N. Cor. of the James Wichter Sur. Abst. No. 1270;
THENCE S. 433 Vrs. Cor. being an inner corner of said Wichter
Sur. and also the most Southerly S.W. Cor. of the J. G. Barnes Sur.
Abst. No. 1134;
THENCE E. 125 vrs. along the S.B.L. of said Barnes Survey to
Cor. being the N.W. Cor. of the W. Dalton Sur. Abst. No. 1403;
THENCE S. 24° E. 919 Vrs. along S.W.B.L. of said Dalton Sur.
and N.E. line of said Wichter Sur. to Corner, being the S.W. Cor. of
the W. Dalton Svy Abst. No. 1403;
THENCE S.126 vrs. the N. Cor. of the K. Houghton Sur. Abst No.
337;
THENCE S. 45° E. 950 Vrs. along N.E.B.L. of said K. Haughton
Sur. to a Cor. in the N.W.B.L. of the D. Busby Sur. Abst No. 43, at a
point 211 vrs, S. 45 W. from the North Cor. of said Busby Sur. Said
point also being the most Southerly S. Cor of the H. T. Mann Sur.
Abst No. 1663 of 108-1/3 acres;
THENCE S 45° W. 739 vrs., more or less, along the N.W.L. of the
D. Busby Sur. Abst. No. 43 to a Cor., being a point 950 vrs. S. 45 W.
from the N. Cor. of said Busby Sur;
THENCE S. 45° E. 950 vrs. to a point in the N.W.B.L. of a
certain 79-1/4 acre tract owned or once owned by Jane Arvil Ensey,
said point being 950 vrs. S. 45 Deg. W. from the N. Cor. of said
Busby Sur.;
THENCE N. 45° E. 475 vrs. Cor., being the N. Cor of said 79-1/4
acre Ensey tract out of said Busby Sur., said point also being 950
vrs. S. 45 Deg. E. and 475 Vrs. S. 45 Deg. W. from the N. Cor. of the
D. Busby Sur;
THENCE S. 45° E. 950 Vrs. Cor. in the Southeast boundary line
of the D. Busby Sur. also the Northwest boundary line of the Manson
Sheid Sur. Abst. No. 688;
THENCE N. 45 E 475 Var. Cor. being the E. Cor. of the D. Busby
Sur. Abst No. 43, and the North Corner of the Manson Sheid Survey
Abst. No. 688; also being a point in the Southwest boundary line of
the G. W. Greg Sur. Abst No. 902;
THENCE S. 45 Deg. E. 1425 vrs. to corner in the Northeast
boundary line of the said Sheid survey, being 475 vrs N. 45 Deg. W.
from its East Cor. said point also being the West Corner of the Mark
Noble survey Abst. No. 568;
THENCE N. 45 Deg. E. along the Northwest boundary line of said
Mark Noble survey 1020-1/2 vrs corner in Northwest boundary line of
said Novle survey, also in the Southeast boundary line of the J. A.
Huskey Survey Abst., No. 965;
THENCE S. 45 Deg. E. 1934 vrs. more or less, crossing said
Mark Noble Sur, to a point in the Southeast Boundary line of said
Mark Noble survey, also a point on the N.W.B. line of the David
Brederick Survey Abst. No. 78; said point being 904-1/2 vrs S. 45
Deg. W. from the East Corner of the said Mark Noble Survey;
THENCE N. 45 Deg. E. 468.5 vrs., more or less, along the
S.E.B. line of the Noble survey and the N.W.B. line of the David
Brederick survey Abst. No. 78; being the most Northerly N.W. corner
of the said Brederick Survey, also being the Most Southerly West
Corner of the J. J. Boyd survey Abst. No. 1338;
THENCE East 375 vrs. more or less, corner in the N.B.L. of
said Brederick survey; said point being 880 vrs. West of the N.E.
corner of David Brederick survey;
THENCE South crossing the David Brederick Survey Abst. No.
78, 1457 vrs., more or less, to a point in the most Southerly S.B.
line of the Brederick survey, also the North line of the Robert F.
Millard Survey Abst., No. 469, said point being 200 vrs. West of the
N.E. corner of the Millard Survey;
THENCE East 200 vrs. to the N.E. corner of the Robert F.
Millard Survey, also being the most Southerly S.E. corner of the
Brederick survey, in the W.B. line of the Benjamine Heriage Survey
Abst., No. 334 being a point 388 vrs. South of the N.W. corner of the
said Benjamine Heriage Survey Abst. No. 334;
THENCE South along W.B. Line of the Heriage Survey 977 vrs.
corner being a point 1365 vrs. South of the N.W corner of said
Heriage survey, also being the S.E. corner of a 160 acre tract out
of the Robert F. Millard Survey Abst. No. 469, owned or once owned
by Mrs. Fannie M. Manrie et al;
THENCE East 600 vrs., more or less, across said Benjamine
Heriage Survey to the Montague and Cooke Line, being a point 1423
vrs North and 600 vrs. East of the Southwest corner of the said
Heriage Survey;
THENCE South with the Montague and Cooke County line to the
S.W. corner of Cooke County, Texas;
THENCE East along the South Boundary line of Cooke County,
Texas, to a point, beginning at a point where the West boundary line
of the John H. Splawn or Zola Munster 70 acre tract out of the James
Bolin Survey Abstract No. 34, intersects with North Boundary line
of Wise County, Texas;
Same being about 8200 feet East from the Southwest corner of
Cooke County, Texas;
THENCE in Wise County, South along the West boundary line of
said 70 acre tract to the Southwest corner of same; also being the
NWC of a 60 acre tract in said survey owned or formerly owned by
Splawn Muenster;
THENCE in a Southeasterly direction to the Southeast corner
of said James Bolin survey, same being the Southeast corner of the
Splawn Muenster's 60 acre tract above mentioned;
THENCE in an Easterly direction across the W. E. Best and Alma
Brown tracts of land out of the Peter Maroney survey, Abst. No. 561
and J. B. Loyd survey, Abst. No. 331 to the North corner of the
Hannible Bell survey Abst. No. 47; same being the North corner of
the John Newton Maxwell 85.45 acre tract in said Bell survey;
THENCE along the N E line of said Hannible Bell survey to the
S E corner of said John Newton Maxwell 85.4 acre tract;
THENCE in a Southerly direction across the land of Alma Brown
in said Hannible Bell survey to the N.W. line of the Berry Merchant
survey, Abst. No. 588; said point being about 275 feet from the
North corner of said Merchant survey, and in the North line of the
Alma Brown tract of land;
THENCE in a Southerly direction across the lands of Alma
Brown to a point which is about midway between the Northwest line
and the Southeast lines of the said Berry Merchant survey, and about
1000 feet from the Northeast line of the W. E. Fortenberry et al
196.29 acre tract out of said Berry Merchant survey;
THENCE Southeasterly to the South boundary line of the W. E.
Fortenberry et al 196.29 acre tract being on the Southeast boundary
line of said Berry Merchant survey about 2000 feet from the SEC of
said Berry Merchant survey;
THENCE in a Southeasterly direction across the W. E.
Fortenberry 121.5 acre tract in the Benjamin McGaha survey Abst.
No. 544, to the NWC of the Guinn Fortenberry 107.5 acre tract out of
said Benjamin McGaha survey;
THENCE following the West line of said Guin Fortenberry 107.5
acre tract to the Southwest corner of same in the North line of the
R. Z. Dempsy 65 acre tract in said survey;
THENCE across the North portion of said R. Z. Dempsy 65 acre
tract to a point in the N.E. line of said tract which is about 700
feet from the North corner of same; said point being in the West
line of the S. B. Hayes 150 acre tract in said survey
THENCE in a Southeasterly direction and easterly direction
across the S. B. Hayes 150 acre tract in said survey to a point in
the Southeast line of same;
THENCE Northeasterly along the Southeast line of said tract
to the East or Southeast corner of same in the most easterly
Northeast line of said Benjamin McGaha survey, same being the West
corner of the Samuel Wood survey, Abst. No. 900;
THENCE in a Southeasterly direction along the Southwest line
of the Samuel Wood survey, Abst. No. 900 to the South corner of
same; said corner also being the NWC of the Levin McHall survey,
Abst. No. 549;
THENCE in a Southeasterly direction along the SW boundary
line of said Levin McHall survey to the South or Southwest corner of
the Mrs. Laura C. Holt 97.25 acre tract in said Levin McHall survey;
said point also being the N.W. corner of the J. G. McCarrol 210 acre
tract 85a in said survey;
THENCE in a Northeasterly direction along the S E line of said
Mrs. Laura C. Holt 97.25 acre tract to the East or Southeast corner
of same near the Wise-Denton County line;
THENCE in a Northeasterly direction about 200 feet across the
land of Kathleen Brown Foreman in the Wm. Sweeney survey, Abst. No.
750 to a point in the East boundary line of Wise County, Texas, and
the West boundary line of Denton County, Texas;
THENCE North with the East boundary line of Wise County, and
the West boundary line of Denton County, Texas to the Northeast
corner of said Wise County, Texas;
THENCE West on the North line of Wise County, Texas, and the
South line of Cooke County, Texas;
THENCE South with West boundary line of Denton County, Texas,
to a point 2000 feet North of the S. W. corner of the J. Thomas
survey, Abst. No. 1239, Denton County, Texas;
THENCE: From the West boundary line of Denton County, S. 85
Deg. E. to a point in the East line of said Thomas Survey Abstract
No. 1239 and the West line of the Domingo Diaz Survey, Abstract No.
376 that is 1000 feet North of the Common South corner of said
Surveys;
THENCE S. 70 Deg. E. to a point in the South line of said Diaz
Survey and the North line of the Samuel Turner Survey Abstract No.
1247, 600 feet West of their common East Corner;
THENCE S. 14 Deg. E. through said Turner Survey to an ell
corner of said Turner Survey, same being the S.W. Cor. of the J.
McBride Survey, Abstract No. 861;
THENCE S. 55 Deg. E. through said Turner Survey, crossing the
East line of said Turner Survey and the West line of the J. J.
Farnsworth Survey, Abstract No. 1615, at a point 750 feet North of
their common South corner, and continuing said course through said
Farnsworth Survey to an inside ell corner of said Farnsworth
Survey, same being an outside ell corner of the F. Y. Guthrie
Survey, Abstract No. 442;
THENCE through said Guthrie Survey, S. 60 Deg. E. to a point
in the East line of the C. F. Dickeson 317 acre tract and the West
line of the C. C. Cunningham 200 acre tract in said Guthrie Survey
that is 1645 feet North of the common South corner of said two
tracts, same being a point midway in their common North and South
property line;
THENCE South 35 Deg. E. through said Guthrie Survey to an
inner ell corner of said Guthrie Survey, same being the S.W. Cor. of
the A. H. Knox Survey, Abstract No. 1702;
THENCE continuing through said Guthrie Survey, S. 49 deg. E.
to a point in its East line and the West line of the J. M. Ruiz
Survey, that is 4528 feet North of the common South corner of said
Guthrie and Ruiz Surveys;
THENCE S. 75 deg. E. through said Ruiz Survey to a point in
the East line of the E. M. Davidson 485.56 acre tract and the West
line of the Mrs. N. E. Buckley 385.86 acre tract in said Ruiz
Survey, that is 3500 feet North of their common South corner;
THENCE N. 55 deg. E. through said Buckley tract to a point in
its East line and the West line of the R. G. Cole tract in said Ruiz
Survey that is 1200 feet South of the Common North corner of said
Buckley and Cole tracts;
THENCE S. 63 deg. E. crossing the East line of said Ruiz
Survey and the West line of the Thomas Polk Survey, Abstract No.
1000 at a point that is 1200 feet North of the S.W. Cor. of said Polk
Survey, and continuing said course passing the East line of said
Polk Survey and the West line of the John Ruddell Survey, Abstract
No. 1061, at a point 700 feet North of their common South corner,
and continuing said course to a point in the South line of said
Ruddell Survey and the most Easterly North line of said Ruiz Survey
that is 1500 feet East of the S.W. Cor. of said Ruddell Survey;
THENCE S. 20 deg. E. through said Ruiz Survey, crossing the
South line of said Ruiz Survey and the North line of the James C.
Jack Survey, Abstract No. 659, at a point that is 300 feet West of
the most Easterly S.E. Cor. of the Ruiz Survey, same being a point
that is 422 feet West of the N.E. Cor. of the C. M. Pickett 120 acre
tract in said J. C. Jack Survey;
THENCE S. 20 Deg. E. to a point in the East line of said C. M.
Pickett 120 acre tract and the West line of the R. M. Evers 266.5
acre tract that is 2500 feet North of their common South Corner;
THENCE S. 40 Deg. E. through said Jack Survey to a point in
the East line of said Jack Survey and the West line of the J. C. P.
Melton Survey, Abstract No. 802, that is 2700 feet North of the S.W.
Corner of said Melton Survey;
THENCE S. 32 Deg. E. through said Melton Survey, to a point in
the South line of said Melton Survey and the North line of the
Thomas Polk Survey, Abstract No. 997, that is 1,650 feet East of the
S.W. Cor. of said Melton Survey;
THENCE S. 50 Deg. E. to the S.E. Cor. of the W. E. Cox 151 acre
tract, a point in the South line of said Polk Survey;
THENCE East along the South line of said Polk Survey to the
East line of the G. C. & SF. R. R. Co. right-of-way;
THENCE N. 47 Deg. E. along the East line of said right-of-way
to a point in said Melton Survey that is 2500 feet West and 100 feet
North of the S.E. Cor. of said Melton Survey:
THENCE S. 72 Deg. E. to the S.E. Cor. of said Melton Survey;
same being an inner ell corner of the John Ayers Survey, Abstract
No. 2, and being the N.E. Cor. of the H. C. Barthold 182.5 acre tract
in said Ayers Survey;
THENCE South along the East line of said Barthold tract to its
S.E. Cor. in the South line of said Ayers Survey and the North line
of the John W. Gibbons Survey, Abstract No. 446, and continuing
South 200 feet to the Northeasterly right-of-way line of the G. C. &
S. F. R. R. Co. in said Gibbons Survey;
THENCE along the N.E. right-of-way line of said railroad, S.
27 Deg. 37 Min. E. to the East line of said Gibbons Survey, 3000.00
feet North of its S.E. Cor;
THENCE South to the N.W. Cor. of the B.B.B. & C.R.R. Co.
Survey, Abst No 141;
THENCE S. 62 Deg. E. crossing the East line of said B. B. B. &
C. R. R. Co., Survey and the West line of the N. Wade Survey at a
point that is 500 feet South of the N. W. Cor. of said Wade Survey;
and continuing said course to a point in the East line of said Wade
Survey, same being the N. W. Cor. of the N. H. Meisenheimer Survey
Abst No. 810;
THENCE S. 52 Deg. E. through said Meisenheimer Survey to the
S. W. cor. of the F. N. Riney 94.5 acre tract in said Survey;
THENCE East through said Survey, crossing its East line and
the West line of the Thomas Toby Survey, Abstract No. 1288, and
crossing the East line of said Toby survey and the West line of the
B. B. B. & C. R. R. Co Survey, Abstract No 186, to a point in the
center of the old U. S. Highway No. 77;
THENCE S. 35 Deg. E. in the Center of said highway to a point
in said B. B. B. & C. R. R. Co., survey in the North City Limits
Boundary line of the City of Denton, Texas;
THENCE FOLLOWING AND ALONG SAID City Limits line, East to the
West line of the Joseph Carter Survey, Abst No. 268, South to the
center of the West line of said Carter Survey, East to Stuart Lane,
North crossing the North line of said Carter Survey to the N. W.
Cor. of the John Carter Survey, Abstract No. 274, same being the N.
W. Cor. of the Holiday Park Addition to the City of Denton; S. 85
deg. E. along the North line of said Holiday Park and the North line
of Norchester Additions to the N. E. Cor. of said Norchester
Addition, a point in said John Carter Survey; S. 2 Deg. 45 min. W.
1351 feet to the South line of said John Carter Survey; West to the
N. W. Corner of the Hardin Carter Survey, Abstract No. 281; South
660 feet to the North line of the R. E. A. power line 110 ft
easement; S. 62 Deg. 48 min. E. along the North line of said
Easement to the North line of the Windsor Park Addition in said H.
Carter Survey; N. 62 deg. E. along the North line of said Windsor
Park to the West line on the Wesley Pogue Survey, Abst. No. 1012, a
point 600 feet South of the N. W. Cor. of said Pogue Survey; N. 86
Deg 38 min. E. 439 feet to the N. E. Cor. of said Windsor Park
Addition;
THENCE S. 1 deg. 07 min. E. 2345.4 feet to the North line of
Texas State Highway No. 24; Westerly along the North line of said
highway to the East line of the J. D. Lilly Survey, Abstract No.
762; South along the East line of the J. D. Lilly Survey and the West
line of the Wm. Lloyd Survey, Abstract No. 773 to a point midway in
the common North and South line of said surveys;
THENCE departing from said City of Denton City Limits
Boundary line on a course S. 50 degrees East through said Wm. Lloyd,
M. E. P. & P. R. R. Co., Survey, Abstract No 1473 and Abstract No 927
to a point in the East line of said Abstract no. 927 and the West
line of the Moreau Forrest Survey, Abstract No. 417, being the S. W.
Cor. of Block "B" and the N.W. Cor. of Block "C" of said Forrest
Survey according to the plat of the Subdivision of said Survey, of
Record in Volume 50, page 236 of the Deed Records of Denton County,
Texas;
THENCE EAST in the center of a road between said Blocks B & C
to the N. E. Cor. of Lot 4, Block B, of said Subdivision;
THENCE S. 60 deg. E. through said Forrest Survey to a point in
the South line of Lot 2, Block "F" of said Subdivision 430 varas
East of the S. W. Cor. of said Lot 2, same being a point in the West
property line of the U. S. A. Garza-Little Elm Reservoir, known as
the 535 foot Elevation Contour Line, as acquired originally by the
City of Dallas, Texas, for the Lake Dallas Reservoir;
THENCE following and along said 535 foot contour line and the
property line of said Reservoir as set out and described by field
notes and maps of record in the Office of the County Clerk of Denton
County, Texas, in metes and bounds, reference to which is hereby
made, in a generally Northerly direction through the said Moreau
Forrest Survey, the William Dabbs Survey, Abstract No. 328, the T.
H. Living Survey, Abstract No. 729, the J. Douthitt Survey,
Abstract No. 329, the J. West Survey, Abstract No. 1331 to a point
in the South line of said West Survey that is 1,100 varas East of the
S. W. Cor. of said West Survey, said point being the S.E. Corner of
the G.W. Martin Estate 460 acre tract in said West Survey;
THENCE North 2,994 varas to the N.E. Cor. of said 460 acres in
the North line of said West Survey and the South line of the J. A.
Clayton Survey, Abstract No. 221;
THENCE West 1030.5. varas to the N. W. Cor. of said West
Survey and the S. W. Cor. of said Clayton Survey, same being the S.
E. Cor. of the J. Petty Survey, Abstract No. 1027;
THENCE North along the East line of said Petty Survey 1,100
feet;
THENCE N. 70 deg. W. to the S.W. Cor. of the P. O'Leary
Survey, Abstract No. 977, same being the middle S. E. Cor. of the
John Thomas Survey, Abstract No. 1240;
THENCE North 816 varas to the N. E. Cor. of the W. N. Masters
Estate 173 acre tract in said Thomas Survey;
THENCE West 190 varas to the S. E. Cor. of the E. L. Lynch 100
acre tract in said Thomas Survey;
THENCE North 1000 feet; THENCE N. 60 deg. W. through said 100
acre tract to a point in its West line at the S. E. Cor. of the
Kenneth Craver 27.50 acre tract in said Thomas Survey; THENCE N. 40
Deg. W. to the North line of said Thomas Survey and the South line of
the W. A. Thompson Survey, Abstract No. 1238 that is 1,900 feet East
of S. W. Cor. of said Thompson Survey;
THENCE North 2843 feet to a point in the North line of the
Ellen Davis 318 acre tract in said Thompson Survey;
THENCE West 900 feet to the N. W. Cor. of said 318 acres in the
West line of said Thompson Survey and the East line of the A. W.
Patton Survey, Abstract No. 990;
THENCE North 1,060 feet to the N. E. Cor. of the Stormy
Jackson 351.77 acre tract in said Patton Survey;
THENCE West 1320 feet to a point in the South line of the
Kenneth Craver 222.84 acre tract in said Patton Survey;
THENCE North crossing the North line of said Patton Survey
and the South line of the John Morton Survey, Abstract No. 792,
continuing North to the North line of said Morton Survey and the
South line of the Carmel Manchaca Survey, Abstract No. 790 at a
point 1320 feet West of their common East Corner;
THENCE West 185 feet to the S. E. Corner of the Jessie Earl
Seal 69 acre tract in said Manchaca Survey;
THENCE N. 30 deg. W. through said Manchaca Survey to the S. E.
Cor. of the Mrs. Harriett McReynolds 209.5 acre tract in said
Manchaca Survey;
THENCE North along the East line of said 209.5 acre tract 1800
feet;
THENCE West 3,009 feet to the N. W. Cor. of said 209.5 acres
in the West line of said Manchaca Survey;
THENCE NORTH ALONG THE West line of said Manchaca Survey and
the East line of the John Morton Survey, Abstract No. 792 to a point
in the East line of the H. S. Talley 122 acre tract that is 1,952
feet South of the N. E. Cor. of said 122 acres;
THENCE N. 35 deg W. to a point in the North line of said 122
acres that is 1,500 feet West of its N. E. Cor.; THENCE North to the
Northline of the H. S. Talley 127.5 acre tract in said Morton
Survey, a point 1,500 feet West of the N. E. Cor. of said 127.5
acres;
THENCE N. 50 deg. W. crossing the West line of said Morton
Survey and the East line of the Reuben Bebee Survey and continuing
said course through said Bebee Survey to the S. E. Cor of the G. H.
Davis 62.48 acre tract in said Bebee Survey; THENCE west 1,460 feet
to the S. W. Cor. of said 62.43 acre tract;
THENCE S. 40 deg. W. to a point in the West line of the Bobby
Joe Ready 69 acre tract and the East line of the B. B. Looper 80 acre
tract in said Bebee Survey that is 1,000 feet North of the S. E. Cor.
of said 80 acres and S. W. Cor. of said 69 acres;
THENCE N. 45 deg. W. through said Bebee Survey to the S. E.
Cor. of the Legear and Cooper 184 acre tract in said Bebee Survey;
THENCE West 2,669 feet to the S. W. Cor. of said 184 acres; THENCE
North 4,732 feet to the N. W. Cor. of said 184 acres, a point in the
North line of said Bebee Survey and the South line of the B. F. Lynch
Survey, Abstract No. 725; THENCE West 500 feet to the S. E. Cor. of
the F. N. Michael 100 acre tract in said Lynch Survey;
THENCE N. 40 deg. W. through said Lynch Survey to its West
line and the East line of the William Mason Survey, Abst. No. 801, a
point 4500 feet North of the common South corner of said Mason &
Lynch Surveys; THENCE West through said Mason Survey 5,062 feet to a
point in the East line of the Ruby Seal Dennis 160 acre tract out of
said Mason Survey that is 1,200 feet North of its S. E. Cor.; Thence
N. 25 deg. W. crossing the North line of said Mason Survey and the
South line of the B. B. B. & C. R. R. Co., Survey, Abstract No. 199
at a point 2700 feet East of the N. W. Cor. of said Mason Survey and
continuing said course crossing the North line of said B. B. B. & C.
R. R. Co. Survey at a point 4350 feet East of the S. W. Corner of the
Edward Bradley Survey and continuing said course to a point in the
North line of Denton County and the South line of Cooke County that
is 4000 feet East of 670 feet North of the S. W. Cor. of said Bradley
Survey.
THENCE North from the North Denton and the South Cooke County
line to the N. W. corner of 90.7 acres out of the John Adda Survey
Abst. No. 1177, owned by W. R. Chatfield;
THENCE W. 431 vrs to S. W. Cor of 91 acre tract owned by H. J.
Hassenpflug;
THENCE N. 1117 varas to the N. E. Cor. of Willis Hester Survey
#1200;
THENCE W. 1057 varas to S. W. Corner of B. B. B. & C. R. R. Co
Surv Abst #1747;
THENCE N with the road to the corner of road;
THENCE W. 997-1/2 vrs to S. W. cor of 69.8 acres owned by
Howard Springer formerly owned by Phillip Miller and the N. W. Cor.
of 96-1/2 acres owned by R. L. Masten;
THENCE: North 1093 varas, to NE cor of a 113.75 acres owned by
T. J. Maston now owned by D. D. Roberson;
THENCE W 627 vrs to S. W. Cor of 50 acre tract owned by T. S.
Stephens on N. line of 113.75 acres T. J. Maston land;
THENCE North 1795 vrs to N E cor of a 70 acres owned by W. S.
Pace Estate and the N W cor of the 100 acres owned by Dan Flint;
THENCE West 190 varas to S. E. Cor of 117 acres of Isa
Hudspeth, on the North line of 70 acres owned by W. S. Pace Estate.
THENCE North 894-1/2 vrs to N E corner of Isa Hudspeth 117
acres;
THENCE West 134 vrs to corner on N line of 117 acres owned by
Isa Hudspeth;
THENCE North 767-1/2 varas to N. E. Cor of 40 acre tract owned
by Lucy Mae Nichols;
THENCE West 240 vrs to S. E. Cor of a 155-1/2 acres on the S
line of the J. Dillingham survey and the North line of Bushnell
Garner Survey;
THENCE North 937 vrs to N E corner of 155-1/2 acres in the
Dillingham Survey Abstract #297 owned by R. E. Nichols estate;
THENCE West 937 varas to N. W. cor. of a 155-1/2 acres owned
by R. E. Nichols estate;
THENCE North 144 vrs to the N. E. Corner of 395 acres on the E.
Line of the C. O. D. Gillan survey and the West line of Dillingham
Survey;
THENCE West 1032 vrs to S. E. corner of W. G. Colwell 250
acres on North line 395 acres formerly owned by J. B. Dunningham
estate and now owned by F. W. Fischer;
THENCE North 1362 vrs to N E corner of said Colwell 250 acres;
THENCE West 1036 vrs to N W cor. of the W. G. Colwell estate,
out of the COD Gillan survey, which is also the S W corner of Robt A.
Bently 286.6 acres tract out of the N W cor of said COD Gillan
Survey:
THENCE South 500 vrs to S. E. corner a 346 acre formerly owned
by G. D. Lewis estate now owned by Mrs Francis Jones Yarbrough;
THENCE West 1252 vrs to S. W. corner of the said 346 acre
tract now owned by Francis Jones Yarbrough;
THENCE South 22 vrs to the S. E. corner a 100.67 a tract
formerly owned by Robert Baird et al, now owned by Mrs Cora
Staniforth;
THENCE South 234 vrs to S. E. Cor. of 132.95 acres of J. A.
Wylie, now owned by Hubert Felderhoff;
THENCE West 847 vrs to S. W. Corner of said 132.95 acres;
THENCE North 556 vrs to S. E. Cor. of 50 acres of land out of
the Thomas Cooke survey, owned by the estate of G. E. Bently, which
is also the N. E. cor. of 80 acre tract owned by said Bentley Estate;
THENCE West 819 vrs to S W corner of said 50 acres;
THENCE North 650 vrs to S. E. Corner of the Williams 1000 acre
tract; on the E. B. line of the H. Nail survey Abst. # 790 which is
also the W. Line of the Thos. Cooke Survey;
THENCE West 2195 vrs to S. W. Corner of said Williams 1000
acres;
THENCE North 2388 vrs to the N W corner of the B M Williams
estate 1000 acres out of N E cor. of the Nail Survey;
THENCE West 1090 vrs to S. W. cor. of P. G. Yarbrough survey
Abst. No. 1175;
THENCE N 1900 vrs to N W cor. of said Yarbrough survey;
THENCE E. 174 vrs to S. W. corner of Melville Langham survey
abst. no. 564;
THENCE North 1150 vrs to N. E. Corner of the Jones land in the
James Lewis survey Abst. No. 567; on the West line of the Melville
Langham Surv;
THENCE West 1506 varas a corner;
THENCE South 356 vrs a corner;
THENCE West 601-3/4 vrs a corner;
THENCE South 902-1/4 vrs to South line of Lewis survey, Abst.
No. 567;
THENCE West 601 vrs to S W corner of said James Lewis survey;
THENCE North 800 vrs on the W B Line of James Lewis Survey to S
E cor. Joseph Gregory 100a tract;
THENCE West 1013 vrs to S. W. corner of Joseph Gregory 100
acres now owned by Earl Bentley;
THENCE North 553 vrs to NW cor. of said 100 acres,
THENCE West 522 vrs to the S.E. cor. of 100 acre tract
formerly owned by R. L. Hickcox;
THENCE North 650 vrs to the Gainesville and Forestburg road,
being the S. Line of the BBB & CRR Co Survey Abst. No. 146; also N
Line of Thos. Toby Surveys Abst. No. 1060 & #1062;
THENCE West 2605 vrs along the Gainesville and Forestburg
road to the Muenster and Linn Schoolhouse road and the E. Line of
the E. Langford Survey, Abst. No. 566;
THENCE North 950 vrs, along the E. Line of the said E.
Langford survey;
THENCE West 4650 vrs parallel with N. Line of said Langford
survey to the West line of said Langford Survey:
THENCE North 550 varas with the W. Line of said Langford
survey to its North West corner;
THENCE West 878 vrs to the E. Line of the W. W. Hobson survey
Abstract No. 481;
THENCE North 45 degrees West 900 vrs to the North line of the
W. W. Hobson survey Abst. No. 481;
THENCE North 900 varas to the S. Corner of the BBB & CRR Co
Survey Abstract No. 145;
THENCE North 55 degrees West, 1900 varas to West corner of
said BBB & CRR Co Survey;
THENCE South 35 degrees West 180 vrs to the S. Corner of the
W. T. & S. T. Perry Survey Abst. No. 1424;
THENCE North 55 degrees West 1900 vrs to the North corner of
the SPRR Co Survey Abst. No. 985;
THENCE North 35 de. E. 181 vrs to the South corner of the BBB &
CRR Co survey, Abst. #136;
THENCE North 55 degrees West with the South Boundary line of
said BBB & CRR Co Survey, Abst. 136, at its intersection of the
Cooke and Montague County lines, to the place of beginning.
[No error or discrepancy in the foregoing field notes shall
adversely affect the validity of the Authority or the exercise of
any power of the Authority granted herein, it being hereby found and
determined that all of the territory and taxable property contained
within such boundaries will be benefited by the works and
improvements of the Authority.]
SECTION 2.02. To conform to Section 311.026, Government
Code, the following sections of the Special District Local Laws
Code are repealed:
(1) 3801.102;
(2) 3802.102;
(3) 3803.008;
(4) 3804.102;
(5) 3805.008;
(6) 3806.102;
(7) 3807.007;
(8) 3808.007;
(9) 3811.007;
(10) 3812.007;
(11) 3813.102;
(12) 3815.007;
(13) 3816.008;
(14) 6601.101(b);
(15) 6901.052;
(16) 8102.101(b);
(17) 8801.101(b);
(18) 9003.101(b); and
(19) 11001.002(c).
ARTICLE 3. REPEALER
SECTION 3.01. The following statutes are repealed:
(1) Chapter 136, Acts of the 55th Legislature, Regular
Session, 1957;
(2) Sections B-D, Chapter 32, Acts of the 56th
Legislature, Regular Session, 1959;
(3) Section 5, Chapter 71, Acts of the 70th
Legislature, 2nd Called Session, 1987;
(4) Sections 1.01 and 1.02 and Articles 2-11, Chapter
137, Acts of the 70th Legislature, Regular Session, 1987;
(5) Chapter 355, Acts of the 71st Legislature, Regular
Session, 1989;
(6) Chapter 238, Acts of the 58th Legislature, Regular
Session, 1963;
(7) Chapter 74, Acts of the 66th Legislature, Regular
Session, 1979;
(8) Chapter 494, Acts of the 60th Legislature, Regular
Session, 1967;
(9) Subchapter C, Chapter 396, Local Government Code;
(10) Sections 1, 2, and 4-17, Chapter 1026, Acts of the
70th Legislature, Regular Session, 1987;
(11) Section 6, Chapter 1453, Acts of the 77th
Legislature, Regular Session, 2001;
(12) Sections 1 and 3, Chapter 10, Acts of the 78th
Legislature, Regular Session, 2003;
(13) Sections 1-3 and 5-33, Chapter 784, Acts of the
78th Legislature, Regular Session, 2003;
(14) Sections 1-3 and 5-32, Chapter 997, Acts of the
78th Legislature, Regular Session, 2003;
(15) Sections 1-3 and 5-33, Chapter 1160, Acts of the
78th Legislature, Regular Session, 2003;
(16) Sections 1-3 and 5-32, Chapter 1254, Acts of the
78th Legislature, Regular Session, 2003;
(17) Sections 1-3 and 5-26, Chapter 1159, Acts of the
78th Legislature, Regular Session, 2003;
(18) Sections 1-3 and 5-32, Chapter 1255, Acts of the
78th Legislature, Regular Session, 2003;
(19) Sections 1-3 and 5-20, Chapter 885, Acts of the
78th Legislature, Regular Session, 2003;
(20) Sections 1-3 and 5-20, Chapter 1297, Acts of the
78th Legislature, Regular Session, 2003;
(21) Sections 1-3 and 5-26, Chapter 765, Acts of the
78th Legislature, Regular Session, 2003;
(22) Sections 1, 2, and 4-33, Chapter 1292, Acts of the
78th Legislature, Regular Session, 2003;
(23) Sections 1-3 and 5-31, Chapter 987, Acts of the
78th Legislature, Regular Session, 2003;
(24) Sections 1-3 and 5-28, Chapter 777, Acts of the
78th Legislature, Regular Session, 2003;
(25) Articles 1-8, Subchapter B, Chapter 777, Acts of
the 78th Legislature, Regular Session, 2003;
(26) Sections 1-3 and 5-21, Chapter 1157, Acts of the
78th Legislature, Regular Session, 2003;
(27) Sections 1 and 3-11, Chapter 66, Acts of the 55th
Legislature, Regular Session, 1957;
(28) Sections 2-12, Chapter 26, Special Laws, Acts of
the 41st Legislature, 4th Called Session, 1930;
(29) Sections 2-4, Chapter 108, Acts of the 56th
Legislature, Regular Session, 1959;
(30) Section 2, Chapter 133, Acts of the 57th
Legislature, Regular Session, 1961;
(31) Section 2, Chapter 247, Acts of the 57th
Legislature, Regular Session, 1961;
(32) Sections 1-3, 4(b), and 5-14, Chapter 522, Acts
of the 71st Legislature, Regular Session, 1989;
(33) Sections 1-3 and 5-18, Chapter 600, Acts of the
63rd Legislature, Regular Session, 1973;
(34) Sections 1, 2, and 4-11, Chapter 959, Acts of the
73rd Legislature, Regular Session, 1993;
(35) Sections 1 and 3-25, Chapter 357, Acts of the 61st
Legislature, Regular Session, 1969 (V.A.C.S. Article 8280-438);
(36) Chapter 429, Acts of the 70th Legislature,
Regular Session, 1987;
(37) Sections 2-8, Chapter 244, Acts of the 58th
Legislature, Regular Session, 1963 (V.A.C.S. Article 8280-286);
(38) Sections 1A-6, Chapter 523, Acts of the 54th
Legislature, Regular Session, 1955 (V.A.C.S. Article 8280-189);
(39) Section 2, Chapter 1052, Acts of the 68th
Legislature, Regular Session, 1983;
(40) Sections 1 and 3-14, Chapter 372, Acts of the 56th
Legislature, Regular Session, 1959 (V.A.C.S. Article 8280-234);
(41) Chapter 605, Acts of the 63rd Legislature,
Regular Session, 1973;
(42) Chapter 370, Acts of the 73rd Legislature,
Regular Session, 1993;
(43) Chapter 544, Acts of the 74th Legislature,
Regular Session, 1995;
(44) Section 2, Chapter 1104, Acts of the 76th
Legislature, Regular Session, 1999;
(45) Chapter 337, Acts of the 58th Legislature,
Regular Session, 1963 (V.A.C.S. Article 8280-296); and
(46) Sections 2 and 3, Chapter 582, Acts of the 62nd
Legislature, Regular Session, 1971.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
This Act is enacted under Section 43, Article III, Texas
Constitution. This Act is intended as a codification only, and no
substantive change in the law is intended by this Act. This Act
does not increase or decrease the territory of any special district
of the state as those boundaries exist on the effective date of this
Act.
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
LAW. (a) The repeal of a law, including a validating law, by this
Act does not remove, void, or otherwise affect in any manner a
validation under the repealed law. The validation is preserved and
continues to have the same effect that it would have if the law were
not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
1, 2007.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2019 was passed by the House on May 4,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2019 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor