Title SD, Special District Local Laws Code

Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION. (a) The district is governed by a board composed of five elected commissioners. (b) Commissioners serve staggered four-year terms. (c) The district shall hold an election in the district on the uniform election date in May o…

Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS. (a) One commissioner must reside in each county commissioners precinct of Orange County and one commissioner must reside in the county at large. (b) Each commissioner must: (1) be a qualified voter of the district; and (2) own…

Sec. 5018.0053. POLLING PLACES. For all elections held under this chapter, the board, in each election order, shall designate the number and location of polling places, provided that at least one polling place is located in each of the county commissioners precincts. Added by Act…

Sec. 5018.0054. COMMISSIONER'S OATH AND BOND. Not later than the 10th day after the date of the commissioner's election, each commissioner shall: (1) take and subscribe an oath of office with conditions in the oath as provided by law for members of the county commissioners court;…

Sec. 5018.0055. COMPENSATION OF COMMISSIONERS; EXPENSES. (a) At the first meeting after each election, the commissioners by order shall set the amount of compensation to be received by a commissioner for each day served, not to exceed $600 per year, plus actual traveling expenses…

Sec. 5018.0056. VACANCIES. (a) A vacancy on the board shall be filled by board appointment until the next commissioners' election. If the vacant position is not regularly scheduled to be filled at that election, the person elected to fill the position serves only for the remainde…

Sec. 5018.0057. OFFICERS AND EMPLOYEES. (a) As soon as practicable after each election of commissioners, the board shall elect a president, vice president, and secretary and treasurer. (b) The board may: (1) employ a port director and other officers as required to manage and oper…

Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND. (a) A bond required of a district officer or employee must be executed by a surety company authorized to do business in this state as surety on the bond. (b) The district may pay the premium on the bond. Added by Acts 2019, 86t…

Sec. 5018.0059. DISTRICT OFFICE. A regular office shall be established and maintained for conducting district business in the district's territory. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY. (a) A district commissioner, engineer, or employee, personally or as an agent for another person, may not benefit directly or indirectly from a sale, purchase, or contract entered into by the board. (b) A person commits an o…

Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS. The district has: (1) the powers of government and the authority to exercise the rights, privileges, and functions specified by this chapter; and (2) all powers, rights, privileges, and functions conferred by general law, in…

Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND OTHER FACILITIES. The district may: (1) acquire, take over, construct, maintain, repair, operate, develop, and regulate wharves, docks, warehouses, grain elevators, dumping facilities, belt railways, lands, and other facilities…

Sec. 5018.0103. LIMITATION ON CERTAIN POWERS. This chapter may not be construed as granting the district or the board any power over the appointment, operations, or conduct of: (1) a branch pilot appointed under Section 69.037, Transportation Code; or (2) the board of pilot commi…

Sec. 5018.0104. BYLAWS AND RULES. The district may adopt bylaws and rules to manage and regulate its affairs. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT DOMAIN; DAMAGES. (a) In this section, "property" means property of any kind, including a lighter, a tug, a barge, and other floating equipment of any nature. (b) If necessary or convenient to exercising a power, right, privilege, o…

Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF ORANGE. (a) The district may acquire from the City of Orange, with the consent of the City of Orange as provided by the city's charter, the city's port properties, lands, assets, liabilities, contracts, improvement plans, money…

Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS AND EXECUTE INSTRUMENTS. The district may make a contract or execute an instrument necessary or convenient to exercise a power, right, privilege, or function granted to the district by this chapter. Added by Acts 2019, 86th Leg.…

Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED. The district may sue and be sued in its corporate name. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0109. SEAL. The district may adopt and use a corporate seal. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING LEVINGSTON ISLAND IN LOUISIANA. (a) On approval by resolution of the board, the district may purchase for the district the following property: Levingston Island, also known as Harbor Island, located in the bend of the Sabine River,…

Sec. 5018.0151. DEPOSITORY. The board shall select a depository or depositories for the district in the manner provided by law for the selection of a county depository. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; PUBLIC INSPECTION. (a) The board shall cause to be kept complete and accurate accounts conforming to approved methods of bookkeeping. (b) The secretary shall: (1) keep a true and full account of board meetings and proceeding…

Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, AND ISSUE ASSOCIATED BONDS. (a) The district may: (1) borrow money for any purpose that is provided by: (A) this chapter; or (B) the general laws relating to navigation districts; (2) borrow money or accept a grant from th…

Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may: (1) borrow money for current expenses; and (2) evidence the borrowed money by warrants payable not later than the close of the calendar year for which the loan is made. (…

Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND OPERATIONS; ELECTION PROCEDURE. (a) The district may impose an annual ad valorem tax at a rate not to exceed 15 cents on each $100 valuation of taxable property in the district for the maintenance, operation, and upkeep of the di…

Sec. 5018.0156. IMPOSITION OF TAXES; TAX CERTIFICATION; TAX ASSESSOR-COLLECTOR. (a) A tax authorized by this chapter, whether for bonds or maintenance purposes, must be imposed by the board. (b) Each year, the board shall certify to the Orange County tax assessor-collector the ra…

Sec. 5018.0201. DEFINITION. In this subchapter, "net revenue" means the gross revenue derived from the operation of the district's improvements and facilities the income of which is pledged to the payment of district bonds less the reasonable expense of maintaining and operating …

Sec. 5018.0202. AUTHORITY TO ISSUE BONDS. (a) To provide money for any purpose provided by this chapter or another law relating to navigation districts, the board may issue bonds secured: (1) solely by a pledge of and payable from the net revenue derived from the operation of all…

Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES. (a) Bonds, other than refunding bonds, payable wholly or partly from ad valorem taxes may not be issued unless authorized by an election called by the board at which a majority of the votes cast favor the bond issu…

Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS OR ORDERS; AUTHORITY TO ADOPT OR EXECUTE OTHER PROCEEDINGS OR INSTRUMENTS. (a) In the resolution or order adopted by the board authorizing the issuance of bonds payable wholly or partly from net revenue, the board may: (1) pr…

Sec. 5018.0205. FORM OF BONDS. District bonds must be: (1) issued in the district's name; (2) signed by the president; and (3) attested by the secretary. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0206. MATURITY. District bonds must mature not later than 40 years after the date of their issuance. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.01, eff. April 1, 2021.

Sec. 5018.0207. USE OF BOND PROCEEDS. The board may appropriate or set aside out of the proceeds from the sale of any district bonds: (1) an amount for the payment of interest expected to accrue during the period of construction of the improvements or facilities; and (2) an amoun…

Sec. 5018.0208. REFUNDING BONDS. (a) The board may issue refunding bonds of the district to refund any outstanding district bonds and accrued interest on those bonds. (b) Refunding bonds may: (1) as to outstanding bonds payable wholly from taxes, be issued to refund more than one…

Sec. 5018.0301. DEFINITION. In this subchapter, "special purpose area" means the territory described by Section 2 of the Act enacting this subchapter. Added by Acts 2021, 87th Leg., R.S., Ch. 118 (S.B. 2175), Sec. 1, eff. May 24, 2021.

Sec. 5018.0302. REPORTING OF CARGO AND VESSEL MOVEMENTS. (a) Waterborne commercial cargo and vessel movements originating in or departing from the special purpose area may be attributed as waterborne commercial cargo or vessel movements originating in or departing from the Port o…