Title SD, Special District Local Laws Code

Sec. 3503.005. EXPANSION OF TERRITORY. The authority's territory may be expanded as additional: (1) real property is conveyed or leased to the authority by the United States; or (2) counties or municipalities approve annexations. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019)…

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, …

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. Added by …

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. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2…

Sec. 3503.009. APPLICABILITY OF OPEN GOVERNMENT LAWS. Chapters 551 and 552, Government Code, apply to the authority. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3503.051. GENERAL DUTIES. The board shall manage, control, and operate the authority. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

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) on…

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 o…

Sec. 3503.054. VACANCIES. A vacancy on the board is filled in the same manner as the original appointment. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

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. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

Sec. 3503.056. RECALL. A director may be recalled at any time by the appointing official. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

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. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02…

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 Bo…

Sec. 3503.059. RULES; PROCEEDINGS. The board shall adopt rules to govern its proceedings. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

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. Added by Acts 2005, 79th Leg., …

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 enti…

Sec. 3503.1015. ADDITIONAL POWERS OF OTHER ENTITIES; BONDS. The authority may exercise the powers given to: (1) the governing body of a "unit," as defined by Section 501.002(17), Local Government Code, and may issue district bonds for a purpose specified by Subtitle C1, Title 12,…

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, str…

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…

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…

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. Added by Acts 2005, 79…

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. Added by Acts 2005, 79th Leg.…

Sec. 3503.107. EMPLOYEES. The board may employ persons to carry out the powers and duties of the authority. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

Sec. 3503.108. LIMITATION ON USE OF EMINENT DOMAIN. Except as provided by Section 3503.103, the authority may not exercise the power of eminent domain. Added by Acts 2007, 80th Leg., R.S., Ch. 998 (S.B. 1743), Sec. 2, eff. June 15, 2007.

Sec. 3503.109. INDEMNITY. The authority may indemnify an authority employee or board member or former authority employee or board member for necessary expenses and costs, including attorney's fees, incurred by that person in connection with a claim asserted against that person if…

Sec. 3503.110. ASSUMED NAME. The authority may conduct business under an assumed name by filing an assumed name certificate under Subchapter C, Chapter 71, Business & Commerce Code, and complying with that chapter in the same manner as an incorporated business. Added by Acts 2011…

Sec. 3503.111. NONPROFIT CORPORATIONS. (a) The authority may authorize by resolution the incorporation of a nonprofit corporation under the Business Organizations Code to exercise the powers granted to the authority. A corporation created under this section must be a nonmember, n…

Sec. 3503.112. NONPROFIT CORPORATIONS AND LIMITED LIABILITY COMPANIES. (a) The authority may authorize by resolution the creation of a nonprofit corporation under the Business Organizations Code to undertake on behalf of the authority a project described by Section 3503.003 or ca…

Sec. 3503.113. POWERS AND AUTHORITIES OF DEFENSE BASE DEVELOPMENT AUTHORITY. (a) The authority may exercise the powers given to a defense base development authority created under Chapter 379B, Local Government Code. (b) This chapter prevails over Chapter 379B, Local Government Co…

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 …

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 …

Sec. 3503.154. EXEMPTION FROM TAXATION. The property, revenue, and income of the authority and of each nonprofit corporation created under Section 3503.111 are exempt from all taxes imposed by the state or a political subdivision of the state. Added by Acts 2005, 79th Leg., Ch. 7…

Sec. 3503.1541. CERTAIN PROPERTY EXEMPT FROM TAXATION. (a) A leasehold or other possessory interest granted to a person by the authority or by a nonprofit corporation holding title for the authority is owned, used, and held for a public purpose for and on behalf of the authority …

Sec. 3503.155. NO TAXING POWER. The authority may not impose a tax. Added by Acts 2007, 80th Leg., R.S., Ch. 998 (S.B. 1743), Sec. 3, eff. June 15, 2007. 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 pro…

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…

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. …

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. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, ef…

Sec. 3503.205. OBLIGATIONS AND CREDIT AGREEMENTS. (a) The authority may issue, sell, and deliver obligations and execute credit agreements as provided by Chapter 1371, Government Code. (b) The authority may delegate its authority in connection with the issuance of bonds in the sa…

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 …

Sec. 3503.252. ASSETS TO COUNTY. On dissolution, any remaining assets of the authority shall be conveyed or transferred to Bowie County. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.