Title SD, Special District Local Laws Code

Sec. 3943.0105. INITIAL DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and field notes of the district contained in Section 2 of the Act enacting this chapter form a closure. A mistake …

Sec. 3943.0106. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B…

Sec. 3943.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Chapter 375, Local Government Code, does not apply to the district unless specifically provided otherwise by this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019. SU…

Sec. 3943.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors. (b) Except as provided by Section 3943.0204, directors serve staggered terms of four years. (c) Directors are elected in the manner provided by Subchapter D, Chapter 49, Wate…

Sec. 3943.0202. LAW GOVERNING ADMINISTRATION OF BOARD. Sections 375.066-375.070, Local Government Code, apply to the board as if it were established under Chapter 375 of that code. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0203. VOTING BY BOARD PRESIDENT RESTRICTED. The board president may not vote except to break a tie vote. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0204. TEMPORARY DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as…

Sec. 3943.0301. GENERAL POWERS. The district has all of the powers and duties necessary to accomplish the purposes for which the district was created, including the powers and duties provided by: (1) Subchapter E, Chapter 375, Local Government Code; and (2) the general laws of th…

Sec. 3943.0302. IMPROVEMENT PROJECTS. The district may provide, or it may enter into contracts with a governmental or private entity to provide, and pay all or part of the costs of the improvement projects described by Subchapter D or activities in support of or incidental to tho…

Sec. 3943.0303. FIREFIGHTING AND MEDICAL EMERGENCY SERVICES PROHIBITED. (a) The district may not engage in firefighting activities or provide medical emergency services. (b) Subchapter L, Chapter 49, Water Code, does not apply to the district. Added by Acts 2019, 86th Leg., R.S.,…

Sec. 3943.0304. RULES. The district may adopt rules: (1) to administer and operate the district; (2) for the use, enjoyment, availability, protection, security, and maintenance of the district's facilities; and (3) for the provision of public safety and security in the district. …

Sec. 3943.0305. LEASE, ACQUISITION, OR CONSTRUCTION OF BUILDING OR FACILITY; ECONOMIC DEVELOPMENT PROGRAMS. The district may, as if the district were a home-rule municipality with a population of more than 100,000: (1) issue bonds and lease, acquire, or construct a building or fa…

Sec. 3943.0306. CONTRACTS; GRANTS; DONATIONS. (a) The district may contract with any person to accomplish the purposes of this chapter on terms and for the period the board determines, including contracting for the payment of costs incurred by the person on behalf of the district…

Sec. 3943.0307. ANNEXATION OR EXCLUSION OF TERRITORY. The district may add or exclude territory in the manner provided by Chapter 375, Local Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0308. NO PEACE OFFICERS. The district may not employ peace officers. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0309. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019. SUBCHAPTER D. IMPROVEMENT PROJECTS

Sec. 3943.0401. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, lease, relocate, repair, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or pri…

Sec. 3943.0402. MISCELLANEOUS DESIGN, CONSTRUCTION, AND MAINTENANCE. An improvement project may include the planning, design, construction, improvement, and maintenance of: (1) landscaping; (2) highway right-of-way or transit corridor beautification and improvement; (3) lighting,…

Sec. 3943.0403. PARKING AND TRANSPORTATION. An improvement project may include the planning, design, construction, improvement, maintenance, and operation of an off-street parking facility, a heliport, a bus terminal, mass transit, and a roadway or water transportation system. Ad…

Sec. 3943.0404. DEMOLITION. An improvement project may include the removal, razing, demolition, or clearing of land or improvements in connection with an improvement project. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0405. ACQUISITION OF PROPERTY. An improvement project may include the acquisition of property or an interest in property in connection with an improvement project. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0406. SPECIAL OR SUPPLEMENTAL SERVICES. An improvement project may include a special or supplemental service for the improvement and promotion of the district or for the protection of public health and safety in the district, including: (1) tourism; (2) elimination of t…

Sec. 3943.0407. SIMILAR IMPROVEMENT PROJECTS. An improvement project may include a public improvement, facility, or service similar to a project described by this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019. SUBCHAPTER E. GENER…

Sec. 3943.0501. NO AD VALOREM TAX. The district may not impose an ad valorem tax. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0502. FEES; CHARGES. The district may: (1) establish and collect user fees, concession fees, admission fees, rental fees, or other similar fees or charges; and (2) apply the proceeds from those fees or charges for the enjoyment, sale, rental, or other use of the distric…

Sec. 3943.0503. BORROWING MONEY. The district may borrow money for a district purpose. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0504. PAYMENT OF EXPENSES. The district may provide or secure the payment or repayment of any district expense, including: (1) a district cost relating to an improvement project; (2) a district contractual obligation or indebtedness, because of a lease, installment purc…

Sec. 3943.0505. BONDS. (a) The board may issue bonds as provided by Subchapter J, Chapter 375, Local Government Code. (b) In addition to the sources described in Subchapter J, Chapter 375, Local Government Code, bonds issued by the district may be secured and made payable, in who…

Sec. 3943.0601. SALES AND USE TAX. (a) For purposes of this section: (1) "Taxable items" includes all items subject to a sales and use tax that is imposed by the county. (2) "Use," with respect to a taxable service, means the derivation in the district of a direct or indirect ben…

Sec. 3943.0602. TAX ELECTION PROCEDURES. (a) The board may order an election to adopt, change the rate of, or abolish a sales and use tax. The election may be held at the same time and in conjunction with a directors' election. (b) The election must be held on the first uniform e…

Sec. 3943.0603. BALLOT WORDING. (a) In an election to adopt a sales and use tax, the ballot shall be prepared to permit voting for or against the proposition: "The adoption of a local sales and use tax by the Channelview Improvement District at the rate of (proposed tax rate)." (…

Sec. 3943.0604. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS. (a) Chapter 323, Tax Code, governs the imposition, computation, administration, enforcement, and collection of the sales and use tax authorized by this subchapter except to the extent Chapter 323, Tax Code, is inconsis…

Sec. 3943.0605. TAX RATES. The district may impose the sales and use tax in increments of one-eighth of one percent, with a minimum tax of one-half percent and a maximum tax of one percent. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0606. ABOLITION OF TAX. The board by order and without an election may abolish the sales and use tax imposed by the district. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0607. USE OF TAXES. The district may use the proceeds from the sales and use tax only for the purposes for which the district was created. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.

Sec. 3943.0608. EFFECTIVE DATE OF TAX OR TAX CHANGE. The adoption of a tax rate or a change in the tax rate takes effect after the expiration of the first complete calendar quarter occurring after the date on which the comptroller receives a notice of the results of the election.…

Sec. 3943.0901. DISSOLUTION BY BOARD ORDER. The board by order may dissolve the district at any time unless the district has outstanding indebtedness or contractual obligations, as provided by Section 375.264, Local Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S…

Sec. 3943.0902. DISSOLUTION BY ELECTION. (a) The board by order shall dissolve the district if a majority of the voters of the district voting at an election called for that purpose vote to dissolve the district. (b) After the date the district is dissolved under this section, th…

Sec. 3943.0903. DISSOLUTION BY PETITION. Except as limited by Section 375.264, Local Government Code, the board shall dissolve the district on written petition filed with the board by the owners of: (1) 66 percent or more of the assessed value of the property subject to assessmen…

Sec. 3943.0904. ADMINISTRATION OF DISTRICT PROPERTY FOLLOWING DISSOLUTION. (a) After the date the board orders the dissolution of the district, the board shall transfer ownership of all district property to the county, except as provided by Subsection (b). (b) If, on the date on …

Sec. 3943.0905. APPLICABILITY OF OTHER LAW. Sections 375.261 and 375.262, Local Government Code, do not apply to the district. Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.