Title SD, Special District Local Laws Code

Sec. 4008.0105. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 3 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 3 of the Act enacting this chapter form a closure. A mistake in the…

Sec. 4008.0106. 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. 4008.0107. 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 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.

Sec. 4008.0108. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 4008.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.

Sec. 4008.0202. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) The initial and each succeeding board of directors shall, and the owners of a majority of the assessed value of property subject to assessment by the district may, recommend to the governing body of the county persons to s…

Sec. 4008.0203. REMOVAL OF DIRECTOR. The governing body of the county after notice and hearing may remove a director for misconduct or failure to carry out the director's duties on petition by a majority of the remaining directors. Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.…

Sec. 4008.0204. QUORUM. For purposes of determining the requirements for a quorum of the board, the following are not counted: (1) a board position vacant for any reason, including death, resignation, or disqualification; or (2) a director who is abstaining from participation in …

Sec. 4008.0205. COMPENSATION. A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code. Sections 375.069 and 375.070, Local Government Code, do not apply to the board. Added by Acts 2023, 88th Leg., R.S., Ch.…

Sec. 4008.0206. INITIAL DIRECTORS ON CONVERSION TO MANAGEMENT DISTRICT. (a) On the conversion of the district to a management district the initial board consists of the following directors: (b) Notwithstanding Section 4008.0201, of the initial directors, the terms of directors ap…

Sec. 4008.0301. 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 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.

Sec. 4008.0302. 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. 4008.0303. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county, to provide law enforcement services in the district for a fee. Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. …

Sec. 4008.0304. 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 2023, 88th Leg., R.S., Ch. 793…

Sec. 4008.0305. 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. 4008.0306. 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. 4008.0307. 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 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.

Sec. 4008.0308. 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 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. Ju…

Sec. 4008.0309. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023. SUBCHAPTER D. ASSESSMENTS

Sec. 4008.0401. 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. 4008.0402. 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. 4008.0501. 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. 4008.0502. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under or in accordance with Section 4008.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner pr…

Sec. 4008.0503. 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 bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impac…

Sec. 4008.0504. OBLIGATIONS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds, notes, and other obligations secured by: (1) revenue other than ad valorem taxes, including contract revenues; or (2) contract payments, provided that the requ…

Sec. 4008.0505. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section 4008.0501, 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. 4008.0506. CONSENT OF COUNTY REQUIRED. (a) The board may not issue bonds until the county has consented by resolution to the conversion of the Legacy Water Control and Improvement District to a municipal management district and to the inclusion of land in the district. (b) T…

Sec. 4008.0901. DISSOLUTION. (a) The board shall dissolve the district on written petition filed with the board by the owners of: (1) at least two-thirds of the assessed value of the property subject to assessment by the district based on the most recent certified county property…

Sec. 4008.0902. MUNICIPAL ANNEXATION. The district is a "water or sewer district" under Section 43.071, Local Government Code. Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.