Title SD, Special District Local Laws Code

Sec. 3875.005. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) All of the land and other property included within the boundaries of the district will be benefited by the works, projects, improvements, and services that are to be accomplished by the district under powers conferred by S…

Sec. 3875.006. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001. Transferred and redesignated from Local Governme…

Sec. 3875.031. GENERAL POWERS AND DUTIES. (a) The district has all of the powers and duties provided by the general law of this state, including: (1) Subchapter E, Chapter 375, Local Government Code; (2) the general laws of this state on conservation and reclamation districts cre…

Sec. 3875.032. IMPROVEMENT PROJECTS. The district may conduct or authorize the following types of improvement projects or activities in support of or incidental to improvement projects: (1) the planning, design, construction, improvement, and maintenance of: (A) landscaping; (B) …

Sec. 3875.033. POWERS RELATED GENERALLY TO FINANCIAL AND TERRITORIAL MATTERS. The district may: (1) impose, assess, and apply the proceeds from a limited sales and use tax as authorized by Section 3875.111 for authorized purposes; (2) borrow money for district purposes; (3) add o…

Sec. 3875.034. RULES AND REGULATIONS. The district may adopt, amend, and enforce by ordinary civil remedies reasonable rules and regulations: (1) for the administration and operation of the district; (2) for the use, enjoyment, availability, protection, security, and maintenance …

Sec. 3875.035. SECURITY SERVICES. The district may not employ peace officers but may contract for off-duty peace officers to provide public safety and security services as the board determines necessary. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2…

Sec. 3875.036. ECONOMIC DEVELOPMENT. The district may exercise the economic development powers and authority that Chapter 380, Local Government Code, provides to a municipality with a population of more than 100,000, and Chapter 1509, Government Code, provides to a municipality. …

Sec. 3875.037. ROADWAYS, PARKS, OTHER PUBLIC AREAS. (a) The board by rule may regulate the private use of public roadways, open spaces, parks, sidewalks, and similar public areas within the district. To the extent the rules of the district conflict with a rule, order, ordinance, …

Sec. 3875.038. TERMS OF EMPLOYMENT; COMPENSATION. The board may employ and establish the terms of employment and compensation of a president, vice president, executive director, general manager, and any other operating officer of the district the board considers necessary. Added …

Sec. 3875.039. PROHIBITION ON EMINENT DOMAIN. The district may not exercise the power of eminent domain. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001. Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., …

Sec. 3875.040. PROHIBITION ON IMPACT FEES AND ASSESSMENTS ON CERTAIN PROPERTY. (a) Because the district is created in an area that is devoted primarily to commercial and business activity, the district may not impose an impact fee or assessment on a single family residential prop…

Sec. 3875.071. BOARD OF DIRECTORS. Except as provided by this subchapter, the district is governed by a board of five directors elected by the voters of the district at large. Except as provided by Sections 3875.073(b) and 3875.074, directors serve staggered terms of four years a…

Sec. 3875.072. QUALIFICATIONS. To be qualified to serve as an elected director, a person must be at least 18 years of age and be: (1) a resident of the district; (2) an owner of real property in the district; (3) an owner of at least 10 percent of the outstanding interest of a co…

Sec. 3875.073. INITIAL BOARD. (a) On the effective date of this Act, the initial board of directors is composed of the following persons: (1) Position One: Nanci Wright; (2) Position Two: Gene Slater; and (3) Position Three: Rohn Boone. (b) The initial directors appointed to serv…

Sec. 3875.074. ELECTED BOARD. The board shall call and hold an election on the first Saturday in May 2002 for the election of directors to fill Positions One, Two, Four, and Five. Before the election, the board shall determine which director, of the directors serving in Positions…

Sec. 3875.075. VACANCY. A vacancy in the office of director shall be filled by appointment of a qualified individual by a majority vote of the remaining directors. The board may remove a director for misconduct or failure to carry out the director's duties by unanimous vote of al…

Sec. 3875.076. DIRECTOR'S BOND. As soon as practicable after a director is elected or appointed, the elected director shall execute a bond for $10,000 payable to the district and conditioned on the faithful performance of the director's duties. All of the directors' bonds must be…

Sec. 3875.077. OFFICERS; COMPENSATION; QUORUM. (a) The directors shall elect a chair, a vice chair, a secretary, and any other officers as the board considers necessary. (b) A position on the board may not be construed to be a civil office of emolument for any purpose, including …

Sec. 3875.078. COMMON LAW PRINCIPLES. A person who qualifies to serve on the board is qualified to serve as a director and participate in all votes pertaining to the business of the district regardless of any common-law doctrine or statute regarding conflict-of-interest, incompat…

Sec. 3875.079. CONFIRMATION AND DIRECTORS 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 on the next available uniform election date…

Sec. 3875.080. OPEN RECORDS AND MEETINGS. Chapters 551 and 552, Government Code, apply to the district. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001. Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R…

Sec. 3875.111. LIMITED SALES AND USE TAX. (a) Words and phrases used in this section that are defined by Chapters 151 and 321, Tax Code, have the meanings assigned by Chapters 151 and 321, Tax Code. (b) Except as otherwise provided in this section, Subtitles A and B, Title 2, Tax…

Sec. 3875.112. HOTEL OCCUPANCY TAX. (a) In this section, "hotel" has the meaning assigned by Section 156.001, Tax Code. (b) The board by order may impose, repeal, or increase or decrease the rate of a tax on a person who, under a lease, concession, permit, right of access, licens…

Sec. 3875.113. USE OF HOTEL OCCUPANCY TAX. (a) The district shall apply the proceeds from a hotel occupancy tax imposed under Section 3875.112 for any of the district's purposes and for the purposes described by Section 352.1015, Tax Code, to the extent considered appropriate by …

Sec. 3875.114. BONDS. (a) The district may issue bonds in the manner provided by Subchapter J, Chapter 375, Local Government Code. Sections 375.207 and 375.208, Local Government Code, do not apply to bonds issued under this section. (b) If the district issues bonds for the primar…

Sec. 3875.115. CONTRACTS WITH DISTRICT. (a) A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period of time as the board may determine. (b) Notwithstanding any other law or charter provision, a state agency, municipality, …

Sec. 3875.131. DISSOLUTION. The board by majority vote may dissolve the district at any time. The board shall dissolve the district on written petition of the owners of 75 percent of the acreage of real property in the district. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647)…

Sec. 3875.132. INDEBTEDNESS AND CONTRACTUAL OBLIGATIONS. The board may not dissolve the district until the district's outstanding indebtedness or contractual obligations have been repaid or discharged. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 200…

Sec. 3875.133. TRANSFER OF PROPERTY AND ASSETS. After the board elects to dissolve the district, the board shall transfer ownership of all property and assets of the district to Smith County. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001. Transfe…