Title SD, Special District Local Laws Code

Sec. 5002.051. PORT COMMISSION; TERM; ELECTION. (a) The district is governed by an elected board consisting of six commissioners. (b) Commissioners serve staggered six-year terms. (c) An election shall be held in the district every two years to elect two commissioners. Added by A…

Sec. 5002.052. NAVIGATION PRECINCTS. For the purpose of electing commissioners, the district is divided into four navigation precincts. The boundaries of the navigation precincts are described by Section 4a, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927. Adde…

Sec. 5002.053. ELECTION BY POSITION; QUALIFICATIONS; TERM LIMITS. (a) Commissioners are elected by position as follows: (1) the commissioner elected for Position 1 is at large and must reside in the district; (2) the commissioners elected for Positions 2 and 3 must reside in Navi…

Sec. 5002.054. PLACING CANDIDATE ON BALLOT. A request for placing the name of a candidate on the ballot must be filed with the board's presiding officer and be: (1) in writing and signed by the candidate; or (2) in the form of a petition signed by at least 25 qualified voters of …

Sec. 5002.055. ELECTION ADMINISTRATION; NOTICE OF ELECTION. (a) The board shall make arrangements for each election. (b) Notice of the election, signed by the board's presiding officer or secretary, must be published once a week for two consecutive weeks in a newspaper of general…

Sec. 5002.056. DATE COMMISSIONER TAKES OFFICE. A commissioner shall take office on the appropriate date following the person's election. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

Sec. 5002.057. BOND. As a qualification for office, a commissioner must post a bond in the amount of $10,000 that is: (1) executed by the commissioner and by two solvent sureties or by a surety company authorized to do business in this state; and (2) approved by the county judge …

Sec. 5002.058. VACANCIES. (a) Except as otherwise provided by this section, if a vacancy occurs in the office of commissioner, the board shall appoint a commissioner for the remainder of the unexpired term. (b) If more than two vacancies occur at the same time, the remaining comm…

Sec. 5002.059. DISTRICT TREASURER. (a) The board shall appoint from time to time a person to serve in the office of district treasurer. (b) The district treasurer shall perform the duties for the district that were performed before September 1, 1999, by the county treasurer of Br…

Sec. 5002.101. DEPOSITORY. (a) The board by resolution shall designate a bank in Brazoria County as the district's depository. (b) The designated bank serves as the depository for a term of two years and until a successor depository has been selected. (c) All money of the distric…

Sec. 5002.102. MAINTENANCE OF BOOKS, RECORDS, AND ACCOUNTS. The district shall maintain the books, records, and accounts of the district. The Brazoria County treasurer is not required to maintain any books, records, or accounts for the district other than as required by the board…

Sec. 5002.151. DEFINITIONS. In this subchapter: (1) “Port use” means any use permitted or allowed, with or without a special use permit, in the following zoning districts under the zoning ordinance, or any additional use subsequently permitted or allowed in the following zoning d…

Sec. 5002.152. POWERS REGARDING PORTS AND FACILITIES. Except as provided by Section 5002.153, the district may: (1) acquire by gift, purchase, or eminent domain and own land adjacent or accessible by road, rail, or water to navigable water and ports developed by the district that…

Sec. 5002.153. LIMITATION ON ACQUISITION AND USE OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF CERTAIN MUNICIPALITIES. After the effective date of the Act enacting this section, the district shall not: (1) acquire by gift, purchase, or condemnation any real property located wit…

Sec. 5002.154. CALLING ELECTION. The governing body of a municipality shall call an election under Section 5002.153(1)(B) to be held on the next uniform election date within 30 days of the municipality’s receipt from the district of a written request for the election and the desc…

Sec. 5002.155. REPLATTING OF LAND. (a) The district may replat land owned by the district in accordance with Subchapter A, Chapter 212, Local Government Code, for the purpose of combining previously platted lots for development. (b) The municipal authority responsible for approvi…

Sec. 5002.201. DISTRICT PROPERTY SUBJECT TO MUNICIPAL JURISDICTION. (a) This section applies only to property: (1) owned or leased by the district; and (2) located in: (A) the district; and (B) the boundaries or extraterritorial jurisdiction of a municipality with a population of…

Sec. 5002.202. MUNICIPAL CONSENT NOT REQUIRED. Municipal consent is not required for the district to exercise a power or duty under this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.

Sec. 5002.203. DESIGNATION OF REINVESTMENT ZONE. (a) Notwithstanding Subchapters B and C, Chapter 312, Tax Code, the district may submit a written request to the commissioners court of a county in which a property owned by the district is located for the commissioners court to de…

Sec. 5002.204. ENFORCEMENT OF SUBCHAPTERS. (a) The provisions of Subchapters D and E may be enforced only through mandamus or declaratory or injunctive relief. A political subdivision's immunity from suit is waived in regard to an action under this subchapter. (b) A court may awa…

Sec. 5002.205. EFFECT OF INVALIDITY OF CERTAIN PROVISIONS. (a) This section applies only to a municipality with a population of more than 5,000 that is wholly located in the district and to property: (1) owned or leased by the district; (2) located in the district and within seve…