Title SD, Special District Local Laws Code

Sec. 3001.005. APPLICABILITY OF AND RELATION TO OTHER LAW. (a) Chapter 49, Water Code, does not apply to the district. (b) The district's authority under this chapter is not intended to duplicate the authority granted to the Chambers-Liberty Counties Navigation District or to lim…

Sec. 3001.051. BOARD OF DIRECTORS. (a) The district is governed by a board of nine directors. (b) The board by resolution may increase or decrease the number of directors on the board if the board determines that to do so is in the best interest of the district. The board may not…

Sec. 3001.052. QUALIFICATIONS. (a) To serve as a director, a person must be at least 18 years old and: (1) reside in the district; (2) own property in the district; or (3) be an agent, employee, or tenant of a person who owns property in the district. (b) At least five directors …

Sec. 3001.053. TERMS. The county commissioners court shall appoint the directors to serve staggered four-year terms with as near as possible to one-half of the directors' terms expiring on June 1 of each odd-numbered year. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 200…

Sec. 3001.054. DIRECTOR'S BOND. (a) As soon as practicable after a director is appointed, the director shall execute a $10,000 bond payable to the district and conditioned on the faithful performance of the director's duties. (b) Each director's bond must be approved by the board…

Sec. 3001.055. REMOVAL; VACANCY. (a) The county commissioners court may remove a director for misconduct or failure to carry out the director's duties on petition by a majority of the other directors and after notice and hearing. (b) If a vacancy occurs on the board, the remainin…

Sec. 3001.056. OFFICERS. (a) The board shall elect from its directors a president, vice president, and secretary. (b) The board by rule may provide for the election of other officers. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.057. MEETINGS. The board shall meet at least once every three months and at the call of the presiding officer or a majority of the directors. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.058. COMPENSATION; REIMBURSEMENT. A director serves without compensation but shall be reimbursed for a reasonable and necessary expense incurred in performing an official duty. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.059. CONFLICT OF INTEREST; DISCLOSURE REQUIRED. (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 G…

Sec. 3001.101. GENERAL POWERS AND DUTIES. (a) The district has the powers and duties that are necessary or desirable to carry out a power or duty expressly or implicitly granted under this chapter. (b) The district may perform acts necessary to perform the purposes of this chapte…

Sec. 3001.102. LIMITATION ON DISTRICT POWERS. The district may not exercise a power unless it furthers the purposes of this chapter. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.103. EXERCISE OF POWERS OUTSIDE DISTRICT. The district may exercise any of its powers outside the district territory if the board determines that there is a benefit to the district in exercising that power. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.104. IMPOSITION OF AD VALOREM TAX PROHIBITED. The district may not impose an ad valorem tax. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.105. RULEMAKING. The board may adopt rules: (1) necessary or convenient to carry out district powers and duties; (2) to govern its affairs; (3) to preserve the public health and welfare concerning the agricultural products submitted to the district for harvesting, proce…

Sec. 3001.106. EXECUTIVE DIRECTOR; EMPLOYEES. The board may employ: (1) an executive director to manage the district's daily operations; and (2) other persons necessary to carry out the district's duties. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.107. ECONOMIC DEVELOPMENT. (a) The district may encourage state economic development as provided by this chapter, including making a loan or grant of public money for the purposes of this chapter. (b) The district may encourage the economic development of the district b…

Sec. 3001.108. AGRICULTURAL DEVELOPMENT. The district may: (1) promote all agricultural enterprises, facilities, and services of the district; and (2) encourage the maintenance and conservation of soil in the district. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.109. SUGAR MILL OR OTHER ENTERPRISE. (a) The district may design, construct, and operate a sugar mill or other agricultural enterprise. (b) The district may acquire property necessary for a sugar mill or other agricultural enterprise, including vehicles, farm equipment,…

Sec. 3001.110. DESIGNATION OF AGRICULTURAL PROJECTS. (a) The district may designate as an agricultural project a project that relates to: (1) the development of agriculture in the district and surrounding areas; and (2) the preservation and conservation of the soil in the distric…

Sec. 3001.111. AGRICULTURAL RESEARCH. The district may conduct or pay for research for agricultural purposes. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.112. TRANSPORTATION. The district may encourage the transportation and distribution of the district's agricultural products through the development and operation of transportation structures necessary to further the purposes of this chapter, including railroads and priv…

Sec. 3001.113. RELATIONSHIP WITH NAVIGATION DISTRICT. The district may cooperate and contract with the Chambers-Liberty Counties Navigation District on any area of mutual interest. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.114. ACQUISITION OR DISPOSITION OF PROPERTY. The district may acquire or dispose of property in any manner, including by: (1) conveyance; (2) mortgage; or (3) lease, as lessor or lessee. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.115. EMINENT DOMAIN. The district may not exercise the power of eminent domain. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.116. ANNEXATION AND EXCLUSION OF TERRITORY. (a) The district may annex land as provided by Section 49.301 or 49.302, Water Code, except that the references in those sections related to taxes do not apply. As provided by those sections, the district may annex land that i…

Sec. 3001.117. AGREEMENTS. (a) The district may: (1) enter into an agreement with any person for any district purpose, including an agreement: (A) to operate or maintain an agricultural enterprise under Sections 3001.108 and 3001.109; or (B) with a municipality or county to provi…

Sec. 3001.118. DONATIONS; GRANTS. The district may accept a donation or grant from any person. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.119. HEARINGS. (a) The board may conduct hearings and take evidence on any matter before the board. (b) The board may appoint a hearings examiner to conduct a hearing called by the board. The hearings examiner may be a district employee or director. Acts 2003, 78th Leg.…

Sec. 3001.120. SUITS. (a) The district may sue and be sued. (b) In a suit against the district, process may be served on a director or registered agent. (c) The district may not be required to give a bond on an appeal or writ of error in a civil case that the district is prosecut…

Sec. 3001.121. INDEMNIFICATION. The district may indemnify a director or district employee or a former director or district employee for reasonable expenses and costs, including attorney's fees, incurred by the person in connection with a claim or charge asserted against the pers…

Sec. 3001.122. OFFICIAL SEAL. The district may adopt an official seal for the district. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005. SUBCHAPTER D. FINANCES AND OBLIGATIONS

Sec. 3001.151. POWERS AND DUTIES RELATED TO FINANCES. (a) The district may: (1) acquire and dispose of money; (2) impose a charge for using a facility or a service the district provides; (3) issue an obligation as provided by this subchapter; (4) borrow money; (5) loan money; (6)…

Sec. 3001.152. OBLIGATIONS. (a) The district may issue any type of obligation for any district purpose. An obligation may be issued under Chapter 1371, Government Code. (b) When authorizing the issuance of an obligation, the district may also authorize the later issuance of a par…

Sec. 3001.153. APPROVAL OF ASSESSMENT OBLIGATIONS. An obligation secured by an assessment may not be issued unless the district receives a written petition requesting the assessment and issuance of obligations. The petition must be signed by each owner of the property proposed fo…

Sec. 3001.201. GENERAL POWERS RELATED TO ASSESSMENTS. (a) The board may impose an assessment: (1) for a district expense; (2) to finance a project or district service; or (3) for any other purpose authorized by this chapter. (b) Money derived from an assessment for one purpose ma…

Sec. 3001.202. AREA TO BE ASSESSED; LIMITATIONS. (a) The board may impose an assessment only on property included in a petition for assessment. (b) The owner of an improvement constructed in the district, or of land annexed to the district, after the district imposed an assessmen…

Sec. 3001.203. HEARING AND PETITION REQUIRED. The board may impose an assessment only if: (1) a written petition has been filed with the board that: (A) requests the assessment; (B) states the specific purpose of the assessment; and (C) is signed by each owner of the property to …

Sec. 3001.204. APPORTIONMENT OF COSTS. (a) The board shall apportion the cost of an assessment to property according to the special benefits accruing to the property because of the project or service to be financed by the assessment. The cost may be assessed: (1) equally by front…

Sec. 3001.205. ASSESSMENT TO FINANCE PROJECT OR SERVICE. (a) If the board determines the total cost of an assessment to finance a project or service, the board shall impose the assessment against each parcel of land against which an assessment may be imposed in the district. (b) …

Sec. 3001.206. ASSESSMENT ROLL. (a) The board shall prepare and maintain an assessment roll showing: (1) the assessment against each property; and (2) the board's basis for the assessment. (b) The board shall allow the public to inspect the assessment roll. Acts 2003, 78th Leg., …

Sec. 3001.207. ASSESSMENT AS LIEN. (a) An assessment, including an assessment resulting from an addition or correction to the assessment roll, penalties and interest on an assessment, an assessment collection expense, and reasonable attorney's fees incurred by the district in col…

Sec. 3001.208. CORRECTION OF MISTAKE. After notice and hearing in the manner required for an original assessment, the board may impose an assessment to correct a mistake in the assessment that: (1) relates to the total cost of the assessment; or (2) covers a delinquency or collec…

Sec. 3001.209. NOTICE OF HEARING ON PROPOSED ASSESSMENT. (a) The board shall provide notice of a hearing for a proposed assessment in a newspaper with general circulation in Chambers County. The publication must be made not later than the 30th day before the date of the hearing. …

Sec. 3001.210. CONDUCT OF HEARING; FINDINGS. (a) The board or hearings examiner shall hear and rule on all objections to a proposed assessment. (b) A hearing on a proposed assessment may be adjourned from time to time. (c) The board or hearings examiner shall make findings relati…

Sec. 3001.211. BOARD ORDER IMPOSING ASSESSMENT. (a) After receiving or issuing the findings required by Section 3001.210(c), the board by order: (1) shall: (A) impose the assessment as a special assessment on the property; and (B) specify the method of payment on the assessment; …