Title SD, Special District Local Laws Code

Sec. 3959.0005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the…

Sec. 3959.0006. 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 under Chapter 311, Tax Code; or (2) a tax abatement reinvestment zone created under Chapter 312, Ta…

Sec. 3959.0007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. June 18, 2021.

Sec. 3959.0008. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. June 18, 2021. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3959.0051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors who serve staggered terms of four years. (b) Directors are elected in the manner provided by Subchapter D, Chapter 49, Water Code. Added by Acts 2021, 87th Leg., R.S., Ch. 985…

Sec. 3959.0052. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $150 for each board meeting. The total amount of compensation for each director in one year may not exceed $7,200. (b) A director is entitled to reimbursement for nece…

Sec. 3959.0053. INITIAL DIRECTORS. (a) The initial board consists of the following directors: (b) Of the initial directors, the terms of directors appointed for positions one through three expire June 1, 2023, and the terms of directors appointed for positions four and five expir…

Sec. 3959.0101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. June 18, 2021.

Sec. 3959.0102. IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapte…

Sec. 3959.0103. 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 pow…

Sec. 3959.0104. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with the city to provide additional law enforcement services in the district for a fee. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. June 18, 2021.

Sec. 3959.0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose. Added by Acts 2021, 87th Leg., R.S., Ch. 985…

Sec. 3959.0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may engage in activities that accomplish the economic development purposes of the district. (b) The district may establish and provide for the administration of one or more programs to promote state or local economic…

Sec. 3959.0107. PARKING FACILITIES. (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 lots, garages, parking terminals, or other structures or accommodations for …

Sec. 3959.0108. ADDING OR EXCLUDING LAND. The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. June 18, 2021.

Sec. 3959.0109. DISBURSEMENTS AND 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. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. Ju…

Sec. 3959.0110. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district: (1) has no outstanding bonded debt; and (2) is not imposing ad valorem taxes. (b) This chapter applies to any new district created by the division of the dis…

Sec. 3959.0151. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (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 …

Sec. 3959.0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district. (b) An assessment, a reassessment, or an assessment resulting from an addition to or…

Sec. 3959.0153. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161, Local Government Code, does not apply to the district. Added by Acts 2021, 87th Leg., R.S., Ch. 985 (H.B. 4584), Sec. 1, eff. June 18, 2021. SUBCHAPTER E. TAXES AND BONDS

Sec. 3959.0201. TAX ELECTION REQUIRED. (a) The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax. (b) Section 375.243, L…

Sec. 3959.0202. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 3959.0201, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.1…

Sec. 3959.0203. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. (b) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from ad valor…

Sec. 3959.0204. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by: (1) revenue other than ad valorem taxes; (2) contract payments, provided that the requirements of Section 49.108, Water Code, have been met; or (3) other …

Sec. 3959.0205. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section 3959.0201, the district may issue bonds payable from ad valorem taxes. (b) At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board …

Sec. 3959.0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The board may not issue bonds until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclu…

Sec. 3959.0901. DISSOLUTION. (a) 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 subject to assessment by the district of the property in the district based on the most recent certified …